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These Terms and Conditions create an agreement applicable to your
use of our services at medior.net (the "Site"). We may
amend this agreement at any time by posting the amended terms on
our Site. Except as stated below and in our Privacy
Policy, all amended terms shall automatically be effective 30
days after they are initially posted on our Site.
Privacy
Please review our privacy policy, available here.
Copyright
Medior.net holds a copyright interest in the entire contents
of the Site (in the aggregate) as a collective work under the United
States and other copyright laws. The collective work includes works
that are licensed to Medior.net. Copyright 2005 Medior Communications
(USA), ALL RIGHTS RESERVED. The collective work may also include
works that are the property of Medior's licensors, which are also
protected by copyright and other intellectual property laws. You
may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download portions of
the material from the different areas of the Site solely for your
own non-commercial use. Any redistribution, retransmission, or publication
of any material or content on the Site is strictly prohibited without
the express written consent of the copyright owner. You further
agree not to modify or delete any proprietary notices from materials
downloaded from the Site.
Trademarks
All trademarks, service marks, logos, trade names, and any other
proprietary designations of Medior used herein are trademarks or
registered trademarks of Medior. Any other trademarks, service marks
and trade names are the trademarks or registered trademarks of their
respective parties.
Links to Third Party Sites
The links throughout this Site will let you leave Medior's Site.
These links are provided as a courtesy only, and the sites they
link to are linked are not under the control of Medior in any manner
whatsoever. Therefore, Medior is in no manner responsible for the
contents of any such linked site or any link contained within a
linked site, including any changes or updates to such sites. Medior
is providing these links merely as a convenience, and the inclusion
of any link does not in any way imply or express affiliation, endorsement
or sponsorship by Medior of the site and/or any of its content therein.
Disclaimer
THIS SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE
FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, MEDIOR DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEDIOR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDIOR
DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE
OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty gives
you specific legal rights and you may also have other legal rights
that vary from state to state.
Limitation of Liability
MEDIOR SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS, SERVICES OR CONTENT ON THE SITE, OR THE PERFORMANCE OF
ANY PRODUCTS YOU MAY PURCHASE ON OR THROUGHOUT THE SITE, EVEN IF
MEDIOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDIOR
WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS,
OR LOSS OF ANY DATA. Some states do not allow the limitation of
liability, so the foregoing limitation may not apply to you.
Termination
Notwithstanding any of these Site Terms, Medior reserves the right,
without notice and in its sole discretion, to terminate your license
to use the Site, and to block or prevent future access to and use
of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
Notices
Except as explicitly stated otherwise, any notices shall be given
by postal mail to Medior Communications (USA) Attn: Legal Department,
Box 1224, Montebello, CA 90640 (in the case of Medior) or to the
email address you provide to Medior during the registration process
(in your case). Notice shall be deemed given 24 hours after email
is sent, unless the sending party is notified that the email address
is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided
to Medior during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
Miscellaneous
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, exclusive of its provisions
on conflicts of laws. In respect of any dispute relating to this
Agreement, the use of this Site, or the services or products provided
through this Site, any such dispute shall be brought exclusively
in a court of competent jurisdiction sitting in Los Angeles, California.
The prevailing party shall be awarded reasonable attorney fees,
expert witness costs and expenses, and all other costs and expenses
incurred directly or indirectly in connection with the proceedings.
Any cause of action or claim you may have with respect to the Site
must be commenced within one (1) year after the claim or cause of
action arises. Medior's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement.
Medior may assign its rights and duties under this Agreement to
any party at any time without notice to you. You acknowledge that
the provisions, disclosures and disclaimers set forth above are
fair and reasonable and your agreement to follow and be bound to
them is not the result of fraud, duress or undue influence exercised
upon you by any person or entity. Both parties agree that there
are no representations, promises, warranties or undertakings by
you or Medior contrary to those set forth above.
Amended on Jan 04, 2005
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