The “Site” encompasses the AFAXYS® websites, including without limitation those accessible at or through http://www.AFAXYS.com and all associated AFAXYS® web pages, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and/or new web properties of such pages, along with all Site services provided through such websites and web pages. The purpose of the Site is to (a) provide users of the publicly accessible portion of the Site with access to certain content concerning AFAXYS®, its products and services, and related information as a complimentary service for informational and educational purposes only, and (b) provide certain client tools to users of the password-protected portion of the Site (collectively, “Purpose”).
Restrictions on Use
You agree to use the Site only as provided herein. You will not:
- Transmit to the Site any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, unfair, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
- Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with Site materials or accessed through the Site.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Send any bulk commercial email, or send any unsolicited email to any party.
- Harvest or otherwise collect information about others, including email addresses.
- Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
- Use the Site in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- Violate any code of conduct or other guidelines which may be applicable to any particular Site services.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or of the Site server.
- Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site, including misrepresentation as an AFAXYS® agent or representative, or misrepresentation stating or implying our endorsement of you or your product or activity.
Disclosure Under Law
AFAXYS® reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, at AFAXYS®‘ sole discretion.
Protected Health Information and HIPAA
Providing Correct Personal Information
In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide AFAXYS® with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
License in Materials
AFAXYS® does not claim ownership of any data, information (both personal or otherwise) or other materials that you enter through the Site (collectively, “Materials”). There are two types of Materials: (a) Materials that are uploaded through the accounts of users of the password-protected portion of the Site for purposes specific to such user (collectively, “Account Materials”), and (b) Materials that are uploaded by users for purposes of general dissemination, such as postings to any blogs that AFAXYS® may offer, or Feedback, defined below (collectively, “General Materials”). By transmitting, uploading, inputting, providing or submitting (collectively, “Submitting” or “Submit”) any Account Materials, you are granting AFAXYS®, its affiliated companies and sublicensees a non-exclusive, royalty-free, worldwide right to post such materials for your access and use while your account with AFAXYS® remains open and to archive such materials thereafter. By Submitting any General Materials, you are granting AFAXYS®, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicenseable license in and to such General Materials, and confirming that such General Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against the AFAXYS® Entities (defined below) and any Site users for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Materials. In the event that you Submit to AFAXYS® any Account Materials for the purpose of making such materials generally accessible to other Site users, such as posting such materials on AFAXYS®‘ blog, such materials will be deemed General Materials and you grant AFAXYS® a General Materials license in such materials.
If you provide AFAXYS® with Materials such as comments, bug reports, feedback or modifications proposed by you to AFAXYS®, the Site, or the goods and/or services provided through the Site (collectively, “Feedback”), then in addition to the license granted in all Materials, AFAXYS® will have the right to use such Feedback at AFAXYS®‘ discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback. You hereby give AFAXYS® a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Materials, as provided herein.
Your Responsibility for Materials and AFAXYS®‘ Monitoring Rights
USER REPRESENTATIONS AND WARRANTIES
No Reliance or Medical Advice
AFAXYS® is not a healthcare provider; the Site is provided solely for the Purpose and should not be used in place of a visit or consultation, or of otherwise securing the advice of a physician or other healthcare or professional services provider. You should not use the Site to diagnose or treat a disease or health problem. You acknowledge that AFAXYS® is not engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice from the appropriate physician or healthcare professional promptly for any situation or problem that you or a patient may have.
Forward Looking Statements
The Site may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen. We wish to caution you that these statements are only predictions and those actual events or results may differ materially. AFAXYS® assumes no obligation, and does not intend to update these forward looking statements.
External Links or References
Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. EFFORTS BY AFAXYS® TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, IS PROVIDED “AS IS,” AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES AFAXYS®‘ PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability
IN NO EVENT SHALL AFAXYS® AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH AFAXYS®, THE “AFAXYS® ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF AFAXYS® HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM AFAXYS®‘ NEGLIGENCE OR GROSS NEGLIGENCE. 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. IN SUCH STATES, LIABILITY OF THE AFAXYS® ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
Security of Account and Password
In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. AFAXYS® reserves the right to refuse service, terminate accounts, or remove content at its sole discretion. You represent and warrant that the information you supply during any registration or update process will be accurate and complete and that you will not (1) impersonate or misrepresent your association with any person or entity, including without limitation registering under the name of another person, or seek to conceal or misrepresent the origin of any content or information provided by you, (2) choose a user name that AFAXYS® in its sole discretion deems inappropriate, or (3) choose a user name for the purposes of deceiving or misleading AFAXYS® as to your true identity. You agree not to impersonate any other person.
Notification of Unauthorized Use/Ceasing Access
You shall notify AFAXYS® immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with AFAXYS® in every reasonable way to help AFAXYS® prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site, or upon any earlier demand by AFAXYS® at any time, you will cease all access and/or use of the Site, and will not attempt to access and/or use the Site.
You acknowledge that by use of portions of the Site, you may use and you may acquire AFAXYS® Confidential Information. As used herein, “Confidential Information” means all confidential and/or proprietary information and trade secrets of AFAXYS®, whether or not memorialized, and in any form or media, regarding AFAXYS® or AFAXYS®‘ business, including without limitation those relating to AFAXYS®‘ intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that AFAXYS® is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any account passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. AFAXYS® may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify AFAXYS® immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to AFAXYS®.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
The Site and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and all Content is the property of AFAXYS® and/or third-party licensors, and all right, title and interest in and to the Site and Content will remain with AFAXYS® or such third-party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Site or any Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Site content. You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Site or Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of AFAXYS® and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.
Copyright Infringement Claims
AFAXYS® respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AFAXYS®‘ Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. • 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the AFAXYS® Designated Copyright Agent using the following contact information:
N. S. Duncan
P.O. Box 20158
Charleston, SC 29413
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
DISPUTE RESOLUTION (ARBITRATION CLAUSE)
The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
Viewing, Accessing and Use Outside the United States
If and when any products or services referenced on the Site become available, they will become available in the United States and may not become available elsewhere. AFAXYS® makes no claims that the Site or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Site or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
No Joint Venture
Statute of Limitations
Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.