Terms of Use - Theramatch Registry

THERAMATCH REGISTRY

Website Usage Disclaimer & Limitations of Liability

User expressly agrees that User’s use of Theramatch’s website is at User’s sole risk. Neither Theramatch, its subsidiaries, affiliates nor any of their respective employees, agents, third party content make any warranty as to the results that may be obtained from use of Theramatch’s website, or as to the accuracy, reliability or usefulness of any information, service or merchandise provided through Theramatch’s website.

Theramatch’s website is provided for use on an “as is” basis without warranties or conditions of any kind, either expressed or implied, including, but not limited to, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that Theramatch is not liable for any defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with User.

In no event shall Theramatch or any person or entity involved in creating, producing or maintaining Theramatch’s website be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Theramatch’s website, even if Theramatch has been made aware of the reasonable possibility of such damages. User hereby acknowledges that the provisions of this section shall apply to all content on Theramatch’s website.

In addition to the foregoing, neither Theramatch or its subsidiaries, affiliates, information providers or content partners shall be liable regardless of the cause or duration for any errors, inaccuracies, contained within Theramatch’s website, or for any delay or interruption in the transmission thereof to User, liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Theramatch, its subsidiaries, affiliates, information providers or content partners shall have no liability for business, career, tax, personal or any other decisions made by User based on the partners warrant or guarantee the timeliness, accuracy or completeness of this information, or any results obtained from the use of such information.

Any third party software provided with Theramatch’s website is provided by such third party and User shall be subject to the terms and conditions of the third party software license agreement. User hereby agrees that third party and Theramatch shall not be held responsible under any circumstances for the third party software.

Provider reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Theramatch’s Web Site shall be subject to the current terms and conditions as published on our website at (URL).

General Terms of Use

By accessing Theramatch’s Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Theramatch’s Web Site shall be governed by the laws of New York. The materials contained in Theramatch’s Web Site are protected by applicable copyright and trade mark laws.

Internet Etiquette

Electronic forums such as email distribution lists UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of other son the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Theramatch or any other party. All message s transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain authorized access to other user’s email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being bought.

No Endorsement of Third Party Content

Theramatch’s Web Site contains links to and frames of sites that are not maintained by Theramatch. Theramatch is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Theramatch’s Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.

Disclaimer and Limitation of Liability

THE MATERIALS AND INFORMATION CONTAINED ON THERAMATCH’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED

THROUGH OR IN CONNECTION WITH THERAMATCH’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT. In no event shall Theramatch or its services Providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the material contained on Theramatch’s Web Site, even if Theramatch has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted in this site are not necessarily those of Theramatch or its service Providers, affiliates, associates, subsidiaries or partners and Theramatch makes no representations or warranties regarding that information of those opinions. Nether Theramatch or its services Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

Limited License

Provider hereby grants you a limited license to view your computer, print, download and use any content made available on Theramatch’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the documents and this limited license. No other use is permitted.

Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited License shall be deemed conferring any right in any copyright, trade mark, trade name or other proprietary property of Theramatch or any other party who owns or has proprietary rights to the content, information and materials provided or Theramatch’s Web Site.

Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Theramatch or by other parties that have licensed their material to Theramatch. Material from this Web Site or from any web site owned, operated, licensed or controlled by Theramatch may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copy rights and other proprietary rights held by the respective Theramatch’s thereof. The use of any such material on any other web site, ftp server network environment is prohibited.

Change and Improvements

Provider may make changes, improvements, alterations, or amendments in and to the products, services, information and materials contained on Theramatch’s Web Site, including the terms and conditions of your use of this Web Site, without liability.

Jurisdictional Issues

Due to the nature of the Internet, it is not possible for Theramatch to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing the web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Theramatch. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

Theramatch offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Theramatch intends to offer such service or programs in all countries or locations.

Unless otherwise specified, the materials contained in Theramatch’s web site are presented solely for the purpose of health information in the United States. This site is controlled and operated by Theramatch from its office in the United States. Theramatch makes no representation that any of the materials contained in Theramatch’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and responsible for compliance with local laws, if and to the extent local laws and applicable.

This agreement shall be governed by and construed in accordance with the laws of New York and the parties hereby attorn to the jurisdiction of the courts of New York. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without, affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussion, whether oral or written, of the parties.

Privacy

Provider appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by Theramatch’s servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s internet service provider. Collecting this information allows Theramatch to optimize the visitor’s web site experience. E-mail addresses and other personally identifiable data about visitors to this site are known to Theramatch only if and when voluntarily submitted by the visitor. All personal information collected by Theramatch is retained by Theramatch and not sold or otherwise provided to third parties. Theramatch sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Theramatch with their email addresses for specific purposes to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.

Many of Theramatch’s web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable Theramatch to relate a visitor’s use of Theramatch’s site to information that the visitor has specifically and knowingly provided, Theramatch does not do so for any sites specifically designed for and aimed at children. Theramatch believes that parents should supervise their children’s online activities and should consider their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.

Submissions

By posting/sending a message in the bulletin board/e-mail area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Theramatch will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions or Theramatch. You may copy the posted messages for personal use, but redistribution in any may require the permission of Theramatch. In consideration of this authorization, you agree that any copy you make of any messages located on this web site shall retain all copyright and other proprietary notices contained therein.

In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

(a) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.

(b) You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.

(d) You may not post or transmit any message, file, image or program which contains viruses, worms Trojan horses or any other contaminating or destructive agent.

(e) You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Theramatch’s intention to discourage its uses from taking controversial positions or expressing vigorously what may be unpopular views; however. Theramatch reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful.

(f) Any information provided to Theramatch shall be provided by the submitter and received by Theramatch on a non-confidential basis. Theramatch will only accept submissions made by registered used of Theramatch. Theramatch shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Theramatch.

(g) You may post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the web site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.

(h) You may not post any e-mail or materials that would be considered a violation of any law. Theramatch will co-operate fully with any law enforcement authorities or court order requesting or directing Theramatch to disclose the identity of anyone posting any such e-mail or materials.

You agree to indemnify Theramatch and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.

Submission of Ideas by Users

You agree to grant Theramatch a non-exclusive, royalty-free, worldwide, perpetual license to reproduce distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any material and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Theramatch’s site or which you provide by email or any other means to Theramatch and in any medial now known or hereafter developed. Further, you grant to Theramatch the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Theramatch for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Theramatch.

LICENSE CLAUSES-USE OF DATA

Restrictions on Use of Directory Data

1.1 You may not use, reproduce, publish, distribute or communicate in any manner whatsoever the Directory or any portion thereof or any information contained therein except as expressly permitted in writing by Theramatch Registry. In particular, but without limiting the foregoing, you may not use the Directory:

(a) for any commercial, for profit purpose;

(b) for creating or compiling any directory or any mailing list;

(c) For any other purpose that would be susceptible to be used as an alternative or substitute for the Directory Services.

1.2 You may not reproduce, publish, distribute or communicate in any manner whatsoever the Directory or any portion thereof or any information contained except that you may produce such part of the Directory as may be required to enable you to use the Directory for the purpose expressly permitted by Theramatch Registry provided that you erase or delete any such reproduction immediately after you have used the Directory for that purpose only.