| 1. AGREEMENT This ADHDtexas.com web site
(the "Service") is an online information service provided by ADHDtexas.com
that contains information from various content providers
("Suppliers"). The Service is offered to you, the user of this
Service ("You" or "Your"), subject to your
acceptance of and compliance with the terms and conditions as presented
in this Terms of Service Agreement ("Agreement").
"We", "Us", and "Our" refer collectively
to ADHDtexas.com and its affiliates, such as parents, subsidiaries,
directors, officers, employees, and its representatives. Your use or
accessing of the Service constitutes your agreement to be bound by this
Terms of Service Agreement ("Agreement"). You are not
permitted to access the Service if you do not agree to be bound by this
Agreement. This Agreement should be read carefully and in its entirety
prior to using this site..
2. LICENSE We grant you a limited right
("License") to view and use any of the information, content,
or advertisements (collectively, the "Materials") contained
on, distributed through, linked, downloaded, or accessed from the
Service, subject to the terms and conditions of this Agreement. You may
download or print a copy of information provided in this Service for
your personal use only. Permission to reprint or electronically
reproduce any document or graphic in whole or in part for any other
purpose is expressly prohibited. We may, in our sole discretion and
without prior notice, may terminate or modify the Service or otherwise
limit or terminate the License, whether to you individually or the
public generally, without liability to you or any third party.
3. TERMS OF USE 3.1. General Purpose of
Services. The goal of the Service is to be a resource of timely
information for
the general public, but necessarily
it is of a general nature. We cannot guarantee that the Materials are
comprehensive, complete or include the most recent information
available. All information should be reviewed with your healthcare
provider and you should never delay, ignore or fail to obtain medical
advice based on information obtained from the Service.
3.2. Proper Use of Materials. You
represent and warrant that you will not use the Service or any products,
information, or other materials displayed, purchased, or obtained by you
as a result of an advertisement or any other information or offer in
connection with the Service (the "Products) for any purpose that is
unlawful, contrary to instructions for use, or prohibited by this
Agreement. Materials may not be downloaded, reproduced, republished,
reprinted, retransmitted, disseminated, or resold in whole or in part,
for commercial or any other purposes, and use of the Service to
establish independent data files or compendiums of information is
strictly prohibited and violators will be prosecuted. Without limiting
the foregoing, you are solely responsible for any material that you send
to any other person(s) that was made available from the Service.
3.3. Communications. When we receive an
e-mail, we may make reasonable efforts to respond in as timely a manner
as practical but we do not guarantee that we will respond to all
inquiries and in any event we will not respond with advice for specific
individual medical questions. You shall not post or transmit any message
that is harmful, threatening, or abusive. You may not post or transmit
any file that contains any virus, worm, Trojan horse, or any other
contaminating or destructive feature.
3.4. Guidelines. You shall be subject to
any guidelines or rules that may be posted by the Service from time to
time, and all such guidelines or rules are hereby incorporated by
reference into the Agreement.
3.5. Use of Your Information. We respect
your privacy. We may gather and share general information about the
areas, topics and communities of interest, zip codes, and products and
website or linked services used or accessed by our visitors. Such
information, though, would be aggregate -- not individual. If you elect
to provide additional information abut yourself (which may include, but
not be limited to, your name, e-mail address, mailing address or other
background or contact information), such information may be used for the
purpose for which it was given, for possible contact during an
emergency, and to enforce this Agreement.
3.6. Privacy. You accept the terms and
conditions of the Privacy Policy for the Service.
3.7. Links. The Service, or third parties
linked to the Service, may provide links to other World Wide Web sites
or resources. ADHDtexas.com does not represent that it has investigated
the content of any other links, and does not endorse, warrant or
guarantee any such opinions, recommendations, products, websites,
individuals, organizations, or companies. ADHDtexas.com has no control
over, and is not responsible for, the availability of such external
sites. ADHDtexas.com shall not be liable, directly or indirectly, for
any damage or loss caused by or in connection with use or reliance on
any such site.
3.8. Copyrights And Trademarks. You shall
not infringe upon any of our trademarks or copyrights such as "ADHDtexas.com"
and shall not reprint or electronically reproduce any Materials without
our prior written consent. If you provide information to us, you shall
not do so without permission, which you are solely responsible for
obtaining, from the owner of such materials or rights, and you shall be
solely responsible for any such damages resulting from such disclosures.
You acknowledge and agree that all
content and materials (collectively the "materials") available
on these web pages are protected by copyrights, trademarks, service
marks, patents, trade secrets, or other proprietary rights and laws, and
that any unauthorized use of the materials may violate such rights and
laws. ADHDtexas.com authorizes you to view and download the materials on
these Web pages only for your personal, non-commercial use, provided
that you retain all copyright and other proprietary notices contained in
the original materials on any copies of the materials. You may not edit,
adapt or otherwise modify the materials on these Web pages in any way,
or reproduce or publicly display, publicly perform, distribute, create
derivative works from such materials, or otherwise use them for any
public or commercial purpose. Any use of the materials on any other Web
site or networked computer environment for any purpose is prohibited. If
you violate these terms of use, your authorization to use these Web
pages automatically terminates and you must immediately destroy any
downloaded or printed materials obtained from the Web pages.
3.9. Restriction from Minors. You must be
at least 18 years of age to use the Service. You are solely responsible
for enforcing access to your computer limited to the extent necessary to
restrict use to adults.
4. DISCLAIMERS 4.1. General. The
information provide through this Service is for educational purposes
only. The Materials include information about medications and forms of
treatment that are general in nature and do not cover all possible uses,
actions, precautions, side effects, or interactions of any medicines of
treatments, nor id the information intended as medical advice for
individual problems or for making an evaluation as to the risks and
benefits of taking a particular medicine or form of treatment. The text
that may be displayed on the Service at any one time may contain only a
portion of relevant information.
4.2. LIMITATION OF LIABILITY. INFORMATION
SUPPLIED BY ADHDtexas.com IS PROVIDED "AS IS" AND NEITHER ADHDtexas.com
NOR ANY OF THE PROFESSIONAL STAFF OR ANY OTHER PERSON MAKE ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS SERVICE
OR INFORMATION FURNISHED BY THEM OR OUR AGENT, EMPLOYEES OR
REPRESENTATIVES. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW AND NEGATE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIES,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR
ANY PARTICULAR USE, APPLICATION OR PURPOSE. ADHDtexas.com DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY
RESULTS, OR RELIABILITY OF THE USE OF THESE MATERIALS ON ITS WEBPAGES OR
OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE
PAGES. YOU HEREBY ALSO AGREE THAT ADHDtexas.com, THE SERVICE, AND ITS
SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL IN NO
EVENT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF
ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR
PROFIT, OR DUE TO BUSINESS INTERRUPTION), AS A RESULT OF YOUR USE OR
INABILITY TO USE THIS SERVICE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY
OTHER INTERACTION WITH ADHDtexas.com ITS WEB PAGES, OR ITS SUBSIDIARIES,
EVEN IF ADHDtexas.com OR ADHDtexas.com'S AUTHORIZED REPRESENTATIVE HAS
BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. IN
USING THESE WEB PAGES OR SERVICES, YOU AGREE THAT YOU ARE WAIVING
VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF ADHDtexas.com, ITS WEB
PAGES, AND ITS SUBSIDIARIES.
4.3. Non-Endorsement. We do not represent
or endorse the accuracy or reliability of any of the Materials, nor the
quality of any Products. You acknowledge that any reliance upon any
Materials or Products is at your sole risk and you shall exercise your
own informed judgment and evaluation on the use of the Products.
4.4. Revisions and Errata. The materials
appearing on ADHDtexas.com could include technical or typographical
errors. ADHDtexas.com does not warrant that any of the materials on its
Web pages are accurate, complete, or current. ADHDtexas.com may make
changes to the materials contained on its Web pages at any time without
notice.
4.5. File Viruses. We do not make any
representation or warranty concerning errors, omissions, delays or other
defects in the information supplied to you or other users of the
Service, regardless of source of the problem, or that any files are free
from viruses, worms, Trojan horses or any other code or source that
includes or manifests contaminating or destructive characteristics.
4.6. Your Indemnification. You agree to
indemnify and hold us, our affiliates and officers, directors, agents
and employees, harmless from and against any claim, demand, or cause of
action, including any (including attorneys fees) arising out of claims
based on any aspect of use by you or others of the Service, including
without limitation, (i) claims based on defamation or your other conduct
in using the Service, or (ii) your violation of any intellectual
property laws including without limitation those relating to our
copyrights, trademarks or trade secrets.
5. MISCELLANEOUS 5.1. Entire Agreement;
Amendments. This Agreement takes effect on your first use of the Service
and constitutes your entire agreement with ADHDtexas.com and supersedes
all prior or contemporaneous communications or agreements. It applies to
all persons accessing the Service from your computer. We have the right
to amend this Agreement at any time without notice to you by posting the
changes or the entire Agreement as revised. You will regularly review
this Agreement for any changes and your use of the Service following any
changes constitutes your acceptance of the Agreement as changed or
revised.
5.2. Dispute Resolution. Any dispute
concerning this Agreement or your use of the Service, Materials or
Products shall be governed by the laws of the United States of America
and the State of Texas, excluding its choice of law principles, must be
brought within 12 months after the claim or cause of action arises, and
shall be brought exclusively in the United States District Court for
Northern Texas or the state courts for City and County of Dallas, Texas,
and you consent to the exercise of jurisdiction over you by such courts.
To the fullest extent permitted by applicable law, each party to this
Agreement waives its or his right to a jury trial with respect to any
action brought under or in connection with this Agreement. In any
dispute between us and you concerning the Service, we shall be entitled
to recover attorney fees, costs and expenses.
5.3. Agreement Interpretation. The
headings used in this Agreement are for convenience only and are not to
be used in determining the meaning or interpretation of this Agreement.
If any provision in this Agreement is determined to be invalid or
unenforceable, that provision shall be severed from the Agreement
without affecting the enforceability of all remaining provisions. |