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Consumer’s Medical Resource, Inc. ("CMR") Terms & Conditions

PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

General Terms and Conditions

Use of the Site is governed by these terms and conditions of use ("Terms and Conditions"). By accessing, browsing and/or using the Site, you signify your agreement to be bound by all of these Terms and Conditions as posted on the Site at the time of your access, browsing or use. CMR may modify, revise or update these Terms and Conditions at any time without prior notice to you. Any modifications, revisions or updates made to these Terms and Conditions will be effective immediately upon posting on the Site. You agree to review the Terms and Conditions posted on the Site each time you use the Site so that you are aware of any modifications made to these Terms and Conditions. If you do not agree to be bound by all of the Terms and Conditions as posted on this Site at the time you use the Site you may not use the Site.

The information and materials on this Site relates to products and services offered by CMR and are for general educational purposes only.

Intellectual Property

The Site may contain or reference trademarks, copyrights or other proprietary rights of CMR, its third party vendors and other third parties. Nothing on the Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights or other proprietary rights of CMR, any of its third party vendors or other third parties.

Links to Third Party Web Sites

This Site may contain links to other web sites. Such links are provided solely for your convenience as pointers to information that may be useful to you. CMR makes no warranties, either express or implied, concerning the content of any such linked web site including, without limitation, the accuracy, completeness, reliability, correctness, timeliness or usefulness, thereof for any particular purpose, nor does CMR warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is free from defects, viruses or other destructive or disabling devices. A link to a web site not maintained or controlled by CMR does not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such linked web sites.

Privacy

Please see our Privacy Policy for a description of how CMR will manage information about you.

Disclaimer of Warranties

THIS SITE AND MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ‘AS IS’ BY CMR. CMR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO ANY MATERIAL PROVIDED ON OR THROUGH THE SITE. CMR DOES NOT WARRANT OR GUARANTEE THE ACCURANCY, COMPLETENESS, RELIABILITY, CORRECTNESS, TIMELINESS OR USFULNESS OF THIS SITE OR ANY MATERIAL PROVIDED THROUGH THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ALTHOUGH CMR INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, CMR DOES NOT GUARANTEE OR WARRANT THAT THE SITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES.

Limitation of Liability

IN NO EVENT SHALL CMR OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MONETARY DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF ANY MATERIAL PROVIDED ON OR THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, OR BREACH OF WARRANTY CLAIMS) OR CONNECTIVITY TO OR FROM THE SITE TO ANY OTHER SITE EXCEPT WHERE SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW. IN ADDITION, NEITHER CMR, ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON ANY MATERIAL THROUGH THE SITE.

Indemnification

You agree to defend, indemnify, and hold CMR, 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 and access to the Site or your violation of these Terms and Conditions or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CMR without restriction.

General

You agree that: (i) the Site shall be deemed solely based in the Commonwealth of Massachusetts; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Commonwealth of Massachusetts. These Terms and Conditions shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and CMR that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Boston, Massachusetts. These Terms and Conditions, together with the Privacy Policy and any legal notices published by CMR on the Site, shall constitute the entire agreement between you and CMR concerning the Site. If any provision of these Terms and Conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and CMR’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact Information

Thank you for your cooperation. CMR hopes that you find the site helpful and convenient to use. Questions or comments regarding this Site should be directed to 1-877-229-7790.

Copyright ©2001-2009 by Consumer’s Medical Resource, Inc. All rights reserved.
Consumer’s Medical Resource® and Medical Decision Support™ are trademarks of Consumer’s Medical Resource. Any use of such trademarks by you, except for your own personal use in connection with your authorized use of the Site and Content as set forth herein, is strictly prohibited.