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USER AGREEMENT ("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
IMPORTANT -- PLEASE
READ
© 2007 MedStick Corporation
By using this site, you ("User") signify your agreement to these terms and conditions.
If you do not agree to this Agreement please do not use this site. Please check
this Agreement periodically for changes as the owner of this site MEDSTICK (MedStick
Corporation) reserves the right to revise this Agreement and your continued use
of this site following the posting of any changes to the Agreement constitutes acceptance
of such changes. The Company reserves the right to terminate a User's use of this
site at any time without notice and may do so for any breach of this Agreement or
the instructions on this site by User. This Agreement applies to licensors and advertisers
as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement
must be completed, understood and agreed to by a person over 18. If a parent or
guardian wishes to permit a person under 18, and under his or her supervision, to
use this site, he or she should email the Company with his or her explicit permission
and acceptance of full legal responsibility for the minor to do so. If you are not
yet 18, if you are easily offended, or are accessing this site from any country
where material on this site is prohibited or illegal, please leave now as you do
not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement
to this Agreement, the Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with the terms and conditions
in this Agreement and as permitted via instructions on this site. You agree not
to make any false or fraudulent statements in your use of or to gain access to this
site. You acknowledge and agree that all content and services available on this
site are property of the Company and its advertisers and licensors and are protected
by copyrights, moral rights, trademarks, service marks, patents, trade secrets,
and other proprietary rights and laws, in the U.S. and internationally. All rights
not expressly granted herein are fully reserved by the Company, its advertisers
and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through
this site, you agree not to save, download, cut and paste, sell, license, rent,
lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from materials, code or
content on or from this site. Systematic retrieval of data or other content from
this site to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from the Company is prohibited.
In addition, use of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited.
Security
You agree that if you are issued a Username
and Password by the Company, you shall use your best efforts to prevent access to
this site through your Username and Password by anyone other than yourself, including
but not limited to, keeping such information strictly confidential, notifying the
Company immediately if you discover loss or access to such information by another
party not under your control and supervision, and by using a Username and Password
not easily guessed by a third party. You agree that you shall not try to reverse
engineer, reverse assemble, reverse compile, decompile, disassemble, translate or
otherwise alter any executable code, contents or materials on or received via this
site. You understand that such actions are likely to subject you to serious civil
and criminal legal penalties and that the Company shall pursue such penalties to
the full extent of the law to protect its rights and the rights of its other licensors.
International Users accessing this site, and services, products or contents available
on this site, except as expressly allowed through instructions and truthful statements
by the User in regard to use of this site, from places outside the U.S. or where
their contents are illegal, is prohibited.
Those who choose to access this site
from other locations do so knowingly on their own initiative and voluntarily at
their own risk and are responsible for compliance with local laws. None of the information
on this site may be downloaded, exported or reexported into Iran, Iraq, Syria, Libya,
Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria
or any other country with restrictions imposed by the U.S. Government. By using
this site, you agree that you are not a citizen of or a resident in any of these
countries.
Export
You agree that you shall comply with all applicable export and
import control laws and regulations in your use of this site, or materials or services
received through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or foreign export
laws and/or without all required U.S. and foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision
applies. This site, code, contents, services and accompanying documentation are
comprised of "commercial computer software" and "commercial computer software documentation"
as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government
(i) for acquisition by or on behalf of civilian agencies, consistent with the policy
set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units
of the Department of Defense, consistent with the policies set forth in 48 C.F.R.
227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under
the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with
regard to personal information, all information which you post on this site or communicate
to the Company through this site (collectively "Submissions") shall forever be the
property of the Company. You agree to the Site Submission Rules found below as part
of this Agreement if provided on the site by the Company. The Company shall not
treat any submission as confidential and shall not incur any liability as a result
of any similarities that may appear in future Company services or products. Without
limitation, the Company shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature everywhere. You acknowledge
that you are fully responsible for the message, including its legality, reliability,
appropriateness, originality and copyright. You hereby represent and warrant that
your Submission does not infringe the rights of any third party.
TRADEMARKS
The
Company's, licensors' or other third party materials, services or products referenced
on this site are common law or registered trade marks or service marks of such parties.
Complete details may be found here.
THIRD PARTY SITES
You may be transferred to
online merchants or other third party sites through links or frames from this site.
You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies
before using such sites in order to be aware of the terms and conditions of your
use of such sites. These sites may contain information or material that is illegal,
unreasonable or that some people may find inappropriate or offensive. These other
sites are not under the control of the Company, are not monitored or reviewed by
the Company, and the Company is not aware of the contents of such sites. You acknowledge
that the Company is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or any transmissions received through
such sites. The inclusion of such a link or frame does not imply endorsement of
this site by the Company, its advertisers or licensors, any association with its
operators and is provided solely for your convenience. You agree that the Company
and its licensors have no liability whatsoever from such third party sites and your
usage of them.
PRIVACY
The Company's Privacy Statement is incorporated into and
is a part of this Agreement.
DISCLAIMERS
We fully reserve all rights in regards
to the nature, terms, and any other detail of any program, service, offering or
product offered by MEDSTICK Corporation and its related companies. We reserve the
right to change our programs, without notice, as well any service or product offered.
The name E-MEDSTICK is a registered servicemark of MEDSTICK Corporation, a marketing
organization serving the Internet audience. MEDSTICK Corporation is not a federal
or state licensed or accredited educational institution. The name E-MEDSTICK is
fully copyrighted, and is intelluctual property protected by the developer.
All
of the information on this site and in our programs is based on the opinion of the
writers who contribute to the site and training materials. Most of these individuals
are professional business and/or personal coaches. They are not attorneys, accountants,
financial advisors, therapists, physicians, or nutritionists and unless otherwise
stated, they are not licensed by any federal, state, or local bureaucracy. Use this
information at your own risk and use your common sense. Use of this site and our
training programs is not a substitute for professional legal, financial or medical
advice. If you feel that you need specific advise in a particular area you are encouraged
to seek personal, professional counsel.
MEDSTICK Corporation is an Internet information
provider, not a health care provider, advisor or consultant. MEDSTICK Corporation
programs or information provided may not be construed as a recommendation of medical
treatment, medication or advice nor is any such claim made. Individuals and/or Companys
providing information may not make medical diagnosis, claims or substitute for a
physician's care.
The Company, its advertisers and licensors make no representations
or warranties about this site, the suitability of the information contained on or
received through use of this site, or any services or products received through
this site. All information and use of this site are provided "as is" without warranty
of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties
with regard to this site, the information contained on or received through use of
this site and any services or products received through this site, including all
expressed, statutory, and implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement. The Company, advertisers and/or its licensors
do not warrant the contents or any information received through this site are accurate,
reliable or correct; that this site will be available at any particular time or
location; that any defects or errors will be corrected; or that the contents or
any information received through this site is free of viruses or other harmful components.
Your use of this site is solely at your risk. User agrees that it has relied on
no warranties, representations or statements other than in this agreement. Because
some jurisdictions do not permit the exclusion of certain warranties, these exclusions
may not apply to you but shall apply to the maximum extent permitted by law of your
jurisdiction. Limitation of liability under no circumstances shall the Company,
advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental,
special, or consequential damages that result from, or arise out of the use of,
or inability to use, this site, the information contained on or received through
use of this site, or any services or products received through this site. This limitation
applies whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if the Company, advertisers and/or its licensors
have been advised of the possiblity of such damage. Because some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages, the
Company, advertisers, and/or its respective licensors' liability in such jurisdictions
shall be limited to the maximum extent permitted by law of your jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use of this site, or any services, information
or products from this site, or any violation of this Agreement. The Company reserves
the right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you shall cooperate
with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may
suspend or terminate this Agreement or User's use immediately upon receipt of any
notice which alleges that User has used this site for any purpose that violates
any local, state, federal or law of other nations, including but not limited to
the posting of information that may violate third party rights, that may defame
a third party, that may be obscene or pornographic, that may harass or assault others,
that may violate hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, Company may disclose the User's
identity and contact information, if requested by a government or law enforcement
body or as a result of a subpoena or other legal action, and Company shall not be
liable for damages or results thereof and User agrees not to bring any action or
claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding
third party linked sites) is controlled by the Company from its offices within the
State of Arizona, U.S.A. It can be accessed from all 50 states as well as from other
countries around the world to the extent permitted by the site. As each of these
places has laws that may differ from Arizona, by accessing this site, both you and
the Company agree that the statues and laws of Arizona shall apply to any actions
or claims arising out of or in relation to this Agreement or your use of this site,
without regard to conflicts of laws principles thereof. You and the Company also
agree and hereby submit to the filing of any claim only in the exclusive personal
jurisdiction and venue of Arizona and any legal proceedings shall be conducted in
English. The Company makes no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited. This Agreement shall not be governed by
the United Nations Convention on Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
Every effort has been made to accurately represent our products and services and
their potential. Even though this industry is one of the few where one can write
their own check in terms of earnings, there is no guarantee that you will earn any
money using the techniques and ideas in these materials. Examples in these materials
are not to be interpreted as a promise or guarantee of earnings. Earning potential
is entirely dependent on the person using our products, services, ideas and techniques.
We do not purport this as a "get rich scheme." Any claims made of actual earnings
or examples of actual results can be verified upon request. Your level of success
in attaining the results claimed in our materials depends on the time you devote
to the program, ideas and techniques mentioned, your finances, knowledge and various
skills. Since these factors differ according to individuals, we cannot guarantee
your success or income level. Nor are we responsible for any of your actions.
Materials
in our products and/or website may contain information that includes or is based
upon forward-looking statements within the meaning of the Securities Litigation
Reform Act of 1995. Forward-looking statements give our expectations or forecasts
of future events. You can identify these statements by the fact that they do not
relate strictly to historical or current facts. They use words such as "anticipate,"
"estimate," "expect," "project," "intend," "plan," "believe," and other words and
terms of similar meaning in connection with a description of potential earnings
or financial performance. Any and all forward-looking statements here or on any
of our sales material are intended to express our opinion of earnings potential.
Many factors will be important in determining your actual results and no guarantees
are made that you will achieve results similar to ours or anybody elses, in fact
no guarantees are made that you will achieve any results from our ideas and techniques
in our material.
This User Agreement was last updated on:
December 1, 2007
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