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February 2008

Terms of use; acceptance of contract terms
The following are terms of an agreement between you and FX Design, Inc., henceforth referred to throughout this document as ("FX Design"). By accessing, browsing, or using medical.fxdesigninc.com you acknowledge that you have read, understood and agree to be bound by these terms and the terms of our privacy policy. If you do not agree to these terms and/or to the terms of our privacy policy, please do not use the site. Users should check these terms of use and the privacy policy periodically. By accessing, browsing or using the site after these terms of use and/or the privacy policy are revised, you agree to accept those revisions.

Users
Users agree to provide the site with accurate information in connection with the purchase of any product or service purchased or obtained via or in connection with the site.

The Site
FX Design reserves the right, in its sole discretion, to modify and/or discontinue any part of the site or any services or products offered via the site at any time, with or without notice. FX Design authorizes you to view and download the materials at this website ("site") 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 modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. If you breach any of these terms of use, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.

Links to Other Sites
The site may contain links to other sites hosted and/or maintained by third parties. FX Design shall not be responsible for the content of any third party sites that may be linked to or from medical.fxdesigninc.com. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. FX Design does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.

Product/Service Terms of Use
Certain FX Design products and services available through the site may have their own terms of use. You agree to be bound by the terms of the purchase with FX Design relating to the purchase of any products or services via this site. You agree that in the event of any conflict between these terms of use and the terms of your purchase, the terms of the purchase shall control.

Software
Certain software ("software") that you may download from the site is the copyrighted works of FX Design. Your use of the software is governed by the terms of any end user license agreement that accompanies the online download process. You may use the software only in accordance with the terms of any accompanying license agreement, and you are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of the software. Any third party software you may download via the site is subject to the terms and conditions of the third party's license agreement with you, if any. You hereby assure FX Design that you will not sublicense, export, or transfer ownership rights in the Software. In addition, you agree that you shall not violate any laws or regulations regarding the export or distribution of software outside the United States, including, but not limited to, encryption software.

Our Transmissions
Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by FX Design or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. Notwithstanding the foregoing, all personal data provided to FX Design will be handled in accordance with FX Design's online Privacy Policy.

You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Indemnification
You agree to indemnify and hold harmless FX Design, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable attorney's fees, arising out of your use of the site, your breach of these terms of service and/or your infringement of any intellectual property right(s).

Disclaimer and Limitation of Liability
FX Design assumes no liability for any errors or omissions contained on or in the site. The site is offered to you on an "As Is" basis without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.

FX DESIGN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF FX DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FX DESIGN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE DOLLAR ($1.00).

Waiver
FX Design's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.

Choice of Law and Jurisdiction
The validity and interpretation of this agreement and the legal relations of the parties to it shall be governed by the laws of the state of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the state of Connecticut.

Trademarks and Copyrights
The trademarks and service marks of FX Design, Inc. are the intellectual property of FX Design, Inc. and its affiliates and subsidiaries in the United States and certain foreign countries (collectively "marks"). All third party trademarks on the site are the property of their respective owners and are used with the owners' permission. Except as provided by applicable law, the marks may not be used and/or reproduced without the written permission of FX Design. Those uses that are authorized must comply with FX Design's trademark usage guidelines (provided when necessary upon request). All copyrightable material ("material") on the site, including, but not limited to, the arrangement and presentation of materials on the site, is protected under copyright law as the exclusive property of FX Design. The Material may not be used and/or reproduced without the written permission of FX Design. Any third party copyrighted material appearing on the Site is used with the owner's permission. FX Design will enforce its intellectual property rights to the fullest extent permitted under the law.

Other Trademarks and Servicemarks
Other product and company names are trademarks of their respective owners.
 
 
 

Acrobat®

Adobe Systems Incorporated

Adobe Acrobat®

Adobe Systems Incorporated