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Terms of Use.
Cimige
offers....Better Data for Better Care.™
ATTENTION:
PLEASE READ THESE TERMS ("USER AGREEMENT") CAREFULLY BEFORE USING THIS
WEBSITE. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU
Cimige.com, Cimige.net and Cimige.org are Internet-based online
information and communication service. BY ACCESSING OR USING
CIMIGE.COM/NET/ORG, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU
MAY NOT ACCESS OR USE CIMIGE.COM.
AGREEMENT BETWEEN USER AND CIMIGE CORPORATION
Last update
02.21.05
Cimige Corporation ("Cimige") authorizes you
to view and download the materials at this website ("Site") only for
your personal, non-commercial use, provided that you retain all
copyright and other proprietary notices contained in the original
materials on any copies of the materials. You may not modify the
materials at this Site in any way or reproduce or publicly display,
perform, or distribute or otherwise use them for any public or
commercial purpose. Any use of these materials on any other website or
networked computer environment for any purpose is prohibited. The
materials at this Site are copyrighted and any unauthorized use of any
materials at this Site may violate copyright, trademark, and other laws.
If you breach any of these Terms, your authorization to use this Site
automatically terminates and you must immediately destroy any downloaded
or printed materials.
General:
Cimige may revise this Agreement
at any time by updating this posting. You agree to review this Agreement
periodically so that you are aware of any such modifications, at which
time you may either agree to such changes or discontinue the further use
of this Web site. Your continued use of this Web site after Cimige posts
such changes will constitute your agreement to the amended Agreement.
Customer will not register or use any internet domain name which
contains Cimige's trademarks (e.g. Cimige Corporation, Cimige,
Cimige.com, Cimige.org, Cimige.net) in whole or in part or any other
name which is confusingly similar thereto.
Trademark.
Cimige, its logo, service
marks, trademarks, and/or trade dress of Cimige and its affiliates are
owned exclusively by Cimige Corporation.
Other Systems product or service names or logos referenced in the Cimige
Web site are either trademarks or registered trademarks Cimige. The
absence of a product or service name or logo from this list does not
constitute a waiver of Cimige's trademark or other intellectual property
rights concerning that name or logo. All other trademarks, product names
and company names or logos cited herein are the property of their
respective owners. Use of any other Cimige trademark in commerce may be
prohibited by law except by express license from Cimige Corporation.
Copyright.
The information contained in this
site is copyrighted and may not be distributed, modified, reproduced in
whole or in part without the prior written permission of Cimige
Corporation. The images from this site may not be reproduced in any form
without the prior advance written consent of Cimige.
The Content (defined below) is
protected by copyright laws under both United States and foreign laws.
Unauthorized use of the Content may violate copyright, trademark, and
other laws. You must retain all copyright and other proprietary notices
contained in the original Content on any copy you make of same. All
Cimige Content on this Web site is subject to and protected by:
Copyright
©
2005 Cimige Corporation. ALL RIGHTS RESERVED.
You agree to defend, indemnify, and hold harmless Cimige,
its officers, directors, employees, agents and Product suppliers, from
and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from your
use of this Web site and the Product (including without limitation,
Software and Hardware) or your breach of this Agreement. Cimige shall
provide notice to you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending any such claim, suit
or proceeding.
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export
the Product (including Software and Hardware to countries or persons
prohibited under the export control laws. By purchasing the Product
(including Software and Hardware), you are agreeing that you are not in
a country where such export is prohibited or are a person or entity to
which such export is prohibited. You are responsible for compliance with
the laws of your local jurisdiction regarding the import, export, or
re-export of the Product.
Third Party
Companies and Products.
Mention of some third-party products, companies and
Web sites on the Cimige Web site is only for informational purposes and
constitutes neither an endorsement nor a recommendation, unless
otherwise indicated. Cimige assumes no responsibility with regard to the
selection, performance or use of these products or vendors.
Links to Other
Web Sites.
Cimige makes no representation
whatsoever regarding the content of any other Web sites which you may
access from Cimige Web site. When you access a non-Cimige Web site,
please understand that it is independent from Cimige and that we have no
control over the content on that Web site. Cimige is not responsible for
the Content of linked third party Web sites and does not make any
representations regarding the Content or accuracy of any Content on such
third party Web sites. If you decide to access linked third party Web
sites, you do so at your own risk.
Enforcement of Intellectual Property Rights.
Cimige actively and aggressively enforces its
intellectual property rights to the fullest extent of the law.
Feedback and
User Information.
Any feedback you provide at this
site shall be deemed to be non-confidential. Cimige shall be free to use
such information on an unrestricted basis. Cimige and its
suppliers may collect, use and disclose the IP addresses and zip codes
of all of our Web site's Users on an Aggregate Basis. For the purposes
of this Agreement, "Aggregate Basis" means that we combine
anonymous parts of your information with anonymous parts of the
information from our other Users without including any of your
personally identifiable information, such as but not limited to your
name and email address, in the combination. An example of "Aggregate
Basis" without limitation is our tracking the most popular parts of the
Cimige Web site among the Users.
Warranties and
Disclaimers.
Cimige Corporation intends for
the information and data contained on the Web site to be accurate and
reliable, however, since the information and data have been compiled by
Cimige from a variety of sources, it is provided "AS IS."
THE CONTENT
PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. Cimige DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
Cimige) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
CIMIGE DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN ITS WEB SITE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
CIMIGE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT
CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Cimige HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Cimige may provide access to international data and, therefore, may
contain references or cross references to Cimige products, programs and
services that are not announced in your country. Such reference does not
imply that Cimige in your country intends to announce such products,
programs or services.
Limitation of Liability.
Cimige DOES NOT ACCEPT LIABILITY
BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR
SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT Cimige WILL NOT BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT
AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH
TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS
AGREEMENT FROM Cimige. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO
THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Cimige
IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS
UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO
THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT,
CIMIGE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES
UNDER THIS AGREEMENT.
IN NO EVENT SHALL Cimige, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED AT THIS WEB SITE, BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR
INABILITY TO USE THIS WEB SITE, OR FOR THE CONTENT OBTAINED THROUGH THIS
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Cimige
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
This Agreement is effective until terminated by either
party. You may terminate this Agreement at any time by destroying all
Product obtained from any and all Cimige Web sites and all related
documentation and copies and installations thereof, whether made under
the terms and conditions of this Agreement, or otherwise. This Agreement
will terminate immediately without notice from Cimige if, in Cimige sole
discretion, you fail to comply with any of the Terms and Conditions is
Agreement. Upon termination, you must destroy all Product obtained from
this Web site and any and all other Cimige Web sites and all copies
thereof, whether made under the terms and conditions of this Agreement,
or otherwise.
This Web site is based in Atlanta, Georgia, U.S.A. Cimige makes no
claims that the Content is appropriate or may be downloaded outside of
the United States. Access to the Content (including Software and
hardware) may not be legal by certain persons or in certain countries.
If you access this Web site from outside of the United States, you do so
at your own risk and are responsible for compliance with the laws of
your jurisdiction. This Agreement is governed by the internal
substantive laws of the State of Georgia, U.S.A, without respect to its
conflict of laws principles. This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sales of
Goods. If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of any
term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided in a
particular "Legal Notice" or License or Content on particular Web pages,
this Agreement constitutes the entire Agreement between you and Cimige
with respect to the use of this Web site. Cimige reserves the right to
make changes to this Web site and to this Agreement at any time without
notice.
You agree that any disputes involving this Web site shall be adjudicated
to any federal or state court located in Atlanta, Georgia. You also
agree to submit to jurisdiction and venue in any state or federal court
in Atlanta, Georgia.
For purposes of 17 U.S.C. 512(c) and 37 C.F.R. 201.38, Cimige's agent
for notice is:
Using
this site means you accept its terms! |
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