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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
HiDesert Physical Rehabilitation ("Service Provider") provides complimentary
Internet-based communications and information services to you. By
visiting this Web site, you are agreeing to abide by these Terms of Use
without modification, and as such terms may be modified from time to time
by Service Provider. If you do not agree to these Terms of Use, please do
not visit, browse, or register on Service Provider's Web site. Your
continued use of Service Provider's Web site will signify your acceptance
of any change in the terms and conditions set forth herein. Service Provider
may change the Terms of Use at any time and therefore you are advised to
consult the Terms of Use each time you visit Service Provider's Web site.
Information Contained on this Web Site
The content on this Web site is presented in summary form, is general in
nature, and is provided for informational purposes only. The content is
not intended to be medical advice and is not intended in any way to be a
substitute for professional medical advice. Always seek the advice of
your physician or other qualified health provider with any questions you
may have regarding a medical condition or a treatment. Neither the
content nor any other service offered by or through Service Provider or
this Web site is intended to be relied on for medical diagnosis or treatment.
Never disregard medical advice or delay in seeking it because of
something you have read on this Web site.
You understand further that the Internet contains unedited materials some
of which are sexually explicit and may be offensive to you. In addition,
you understand that information on this Web site may contain inaccuracies
or typographical errors. You access this material at your own risk.
Service Provider, its licensors and its suppliers have no control over
and accept no responsibility whatsoever for such materials.
The text, graphics, images, products, programs and other material
including software licensed by this Web site contained on this Web site
("Content") may be changed, updated or discontinued at any time
without notice to you.
Products and pricing displayed or offered on this site may be changed or
discontinued at
any time without notice to you. You agree that Service Provider, its
licensors, and its
suppliers do not guarantee the availability of any offer made on this
site.
Proprietary and Copyright Information
Upon acceptance of these Terms of Use, Service Provider authorizes you to
view or download a single copy of the material on this Web site solely
for your personal, noncommercial use. Special rules may apply to the use
of certain software and other items provide on this Web site. Any such
special rules are listed as "Legal Notices" on this Web site
and are incorporated into these Terms of Use by reference.
The Content is protected by copyright under both United States and foreign
laws, and title to the Content shall not pass to you or any other User.
Unauthorized use of the Content may violate copyright, trademark, and
other laws. None of the Content may be reverse_engineered, disassembled,
decompiled, reproduced, transcribed, stored in a retrieval system,
translated into
an language or computer language, re_transmitted in any form or by any
means (electronic, mechanical, photo reproduction, recordation or
otherwise), resold or redistributed without the prior written consent of
Service Provider, except that you may reproduce limited excerpts of the
data for personal use only, provided that each such copy contains a
copyright notice
as follows:
Copyright (c) [2000], HiDesert Physical Rehabilitation All rights
reserved.
For information obtained from Service Provider licensors, you are solely
responsible for compliance with any copyright, trademark and other
proprietary rights and restrictions and are referred to the publication
data appearing in bibliographic citations, as well as to the copyright
notices appearing in the original publications. You may not sell or
modify the Content or reproduce, display, publicly perform, distribute or
otherwise use the Content in any way for any public or commercial
purpose. The use of the Content on any other Web site or in a networked
computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion
of Service Provider. If you violate any of these Terms of Use, your
permission to use the Content automatically terminates and you must
immediately destroy any copies you have made of any portion of the
Content.
Links
Service Provider's Web site may provide, or third parties may provide,
links to other Web sites or resources. Because Service Provider has no
control over such Web sites and resources, you acknowledge and agree that
Service Provider is not responsible for the availability of such external
Web sites or resources and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such Web sites or resources. You further acknowledge and
agree that none of Service Provider, its licensors or suppliers shall be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such Web site or resource.
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Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF SERVICE PROVIDER'S WEB SITE IS AT YOUR RISK. THIS WEB SITE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EACH OF SERVICE PROVIDER, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON_INFRINGEMENT.
B. EACH OF SERVICE PROVIDER, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY
THAT (i) THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR_FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS
WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iii) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS
WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS OF USE.
Liability
YOU EXPRESSLY UNDERSTAND THAT IN NO EVENT WILL SERVICE PROVIDER, ITS
LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY PARTY FOR DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES OR ANY DAMAGES WHATSOEVER FOR ANY USE OF THIS WEB SITE, OR ON ANY
OTHER HYPER_LINKED WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, GOODWILL, USE, PROFITS,
OR OTHER INTANGIBLE LOSSES ON YOUR INFORMATION HANDLING SYSTEM, OR
OTHERWISE, EVEN IF SERVICE PROVIDER, ITS LICENSORS OR SUPPLIERS ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold each of Service Provider, its
officers, directors, employees, agents, licensors and suppliers, harmless
from and against any claims, actions or demands, liabilities and
settlements including without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your use of the Content
(including software). Service Provider shall provide notice to you
promptly of any such claim, suit, or proceeding and shall reasonably
cooperate with you, at your expense, in your defense of any such claim,
suit or proceeding.
General Information
These terms of use constitute the entire agreement between you and
Service Provider and govern your use of this Web site, superseding any
prior agreements between you and Service Provider. You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third_party content or third_party software. These Terms
of Use and the relationship between you and Service Provider shall be
governed by the laws of the State of New York without regard to its
conflict of law provisions. You and Service Provider agree to submit to
the personal and exclusive jurisdiction of the courts located within the county of Manhattan,
New York.
The failure of Service Provider to exercise or enforce any right or
provision of these Terms of Use shall not constitute a waiver of such
right or provision. If any provision of these Terms of Use is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
these Terms of Use remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Web site of these Terms of
Use must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in these Terms of Use are for convenience only and
have no legal or contractual effect.
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