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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on September 27,
2005.
This Terms of Use Agreement sets forth the standards of use of the Vizorg,
LLC Online Service. By using the Vizorg, LLC/Vizorg.com website you (the “Member”)
agree to these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications shall become effective
immediately upon being posted at Vizorg, LLC/Vizorg.com website. Your continued
use of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
1. Description of Service
Vizorg, LLC is providing Member with confidential product informational once
an executed Non Disclosure Agreement is received.
2. Disclaimer of Warranties.
The site is provided by Vizorg, LLC on an “as is” and on an “as
available” basis. To the fullest extent permitted by applicable law, Vizorg,
LLC makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Vizorg, LLC shall have no liability for
any interruptions in the use of this Website. Vizorg, LLC disclaims all warranties
with regard to the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties, therefore
the above-referenced exclusion is inapplicable.
3. Limitation of Liability
VIZORG, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
VIZORG, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED
IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE,
IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF VIZORG, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Vizorg LLC, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Vizorg, LLC reserves the right to modify or discontinue the Service with or
without notice to the Member. Vizorg, LLC shall not be liable to Member or any
third party should Vizorg, LLC exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that Vizorg, LLC does not guarantee
continuous, uninterrupted or secure access to our website and operation of our
website may be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You acknowledge that
we are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each site, and we are
not responsible therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While Vizorg, LLC makes
every effort to ensure that the information on this website is accurate, we
can make no representations or warranties as to the accuracy or reliability
of any information provided on this website.
Vizorg, LLC makes no warranties or representations whatsoever with regard to
any product provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor shall be at
your own risk.
8. Governing Jurisdiction of the Courts, CA
Our website is operated and provided in the State of California. As such, we
are subject to the laws of the State California, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available for use
in other locations. Accordingly, if you choose to access our site you agree
to do so subject to the internal laws of the State California.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other government
requirements. Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national, or international
law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2005
Vizorg.com, will all rights reserved, or is the property of Vizorg, LLC and/or
third parties protected by intellectual property rights. Any use of materials
on the website, including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior written
permission of an authorized officer of Vizorg, LLC is strictly prohibited. Members
agree that they will not use any robot, spider, or other automatic device, or
manual process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of Vizorg, LLC.
Vizorg™ and www.Viozrg.com™ are proprietary marks of Vizorg.com.
Vizorg LLC’s trademarks may not be used in connection with any product
or service that is not provided by Vizorg, LLC, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
Vizorg, LLC.
All other trademarks displayed on Vizorg's website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Vizorg, LLC.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, www.Vizorg.com designates the following
individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
1158 26th Street
Ste. 325
Santa Monica, California 90403
By Telephone: 310-963-3919
By Email: DrRay_Emrani@Vizorg.Com
12. Botnets
Vizorg, LLC retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as command
and control points for botnets, Vizorg, LLC reserves the right to direct the
involved hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and enforceable
to the maximum possible extent. You agree that this Terms of Use Agreement and
any other agreements referenced herein may be assigned by Vizorg, LLC, in our
sole discretion, to a third party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and shall not be superseded
by, any other written agreement between us in relation to your participation
as a Member. Member agrees that by accepting this Terms of Use Agreement, Member
is consenting to the use and disclosure of their personally identifiable information
and other practices described in our Privacy Policy Statement.
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