Telehealth Services Agreement
IMPORTANT:
BY ACCESSING ANY PART OF THE TELEHEALTHNET SITE, INCLUDING ITS NEWSLETTER AND DISCUSSION FORUMS BASED AT L-Soft international, Inc., AND REFERRED TO HEREIN AS ("TELEHEALTHNET "), YOU ARE REPRESENTING THAT YOU ARE EITHER OVER THE AGE OF 18 OR HAVE OBTAINED YOUR PARENT'S CONSENT TO USE AND/OR REGISTER FOR TELEHEALTHNET, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS ONLINE SERVICE AGREEMENT ("THIS AGREEMENT"), AND YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, YOU WILL HAVE NO AUTHORITY TO USE TELEHEALTHNET AND YOU SHALL STOP ALL USE OF TELEHEALTHNET.
IF YOU ARE DEEMED TO HAVE CONSENTED TO USE TELEHEALTHNET, THE ACCEPTANCE OF TELEHEALTHNET, OR IT'S OWNER, PIONEER DEVELOPMENT RESOURCES, INC., ("PDR") IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY PDR, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. PDR MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF TELEHEALTHNET SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. DISCLAIMER
THE INFORMATION CONTAINED IN TELEHEALTHNET IS PRESENTED FOR THE PURPOSE OF EDUCATING PROFESSIONALS ABOUT TELEHEALTH. NOTHING CONTAINED IN TELEHEALTHNET IS INTENDED TO BE INSTRUCTIONAL FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION CONTAINED IN TELEHEALTHNET SHOULD NOT BE CONSIDERED COMPLETE, NOR SHOULD IT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN, THERAPIST OR OTHER QUALIFIED HEALTH CARE PROVIDER. INFORMATION OBTAINED IN TELEHEALTHNET IS NOT EXHAUSTIVE AND DOES NOT COVER ALL MENTAL HEALTH CONDITIONS, DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE-RELATED OR MENTAL HEALTHCARE-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN, THERAPIST OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN, THERAPIST OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE EMBARKING ON A NEW TREATMENT, DIET, OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN TELEHEALTHNET.
THE INFORMATION CONTAINED IN TELEHEALTHNET IS COMPILED FROM A VARIETY OF SOURCES ("INFORMATION PROVIDERS"). NEITHER TELEHEALTHNET OR ITS INFORMATION PROVIDERS ARE DIRECTLY OR INDIRECTLY PRACTICING MEDICINE, PSYCHOTHERAPY, OR DISPENSE MEDICAL OR PSYCHOTHERAPEUTIC SERVICES AS PART OF TELEHEALTHNET. TELEHEALTHNET SOFTWARE AND INFORMATION ACCESSED THROUGH TELEHEALTHNET (THE "SERVICES") ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED. PDR HEREBY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, PDR'S LIABILITY IS LIMITED TO RESUPPLYING TELEHEALTHNET. PDR DOES NOT REPRESENT OR WARRANT THAT TELEHEALTHNET WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PDR AND INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. PDR AND INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, OR FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ARE RESPONSIBLE FOR (1) IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AND (2) MAINTAINING A MEANS EXTERNAL TO TELEHEALTHNET FOR THE RECONSTRUCTION OF ANY LOST DATA. BY USING TELEHEALTHNET, YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TELEHEALTHNET IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT. PDR AND INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF TELEHEALTHNET.
2. OTHER SITES
YOU ARE ENCOURAGED TO USE DISCRETION WHILE BROWSING THE INTERNET ON SEARCHES INITIATED AT TELEHEALTHNET. LINKS ORIGINATING WITH TELEHEALTHNET MAY LEAD TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE. LINKS MAY ALSO LEAD TO SITES, WHICH CONTAIN INACCURATE INFORMATION, FALSE, OR MISLEADING ADVERTISING, OR INFORMATION, WHICH VIOLATES COPYRIGHT, LIBEL OR DEFAMATION LAWS. TELEHEALTHNET AND INFORMATION PROVIDERS MAKE NO REPRESENTATIONS CONCERNING ANY EFFORT TO REVIEW ALL OF THE CONTENT OF SITES LINKED TO TELEHEALTHNET, OR LINKS FROM THOSE LINKED SITES. GIVEN THE NUMBER OF RESULTS FROM ANY BROWSING WHICH STARTS WITH A TELEHEALTHNET LINK THAT WOULD BE PRACTICALLY IMPOSSIBLE. TELEHEALTHNET MAY, AT ITS ELECTION, PROVIDE LINKS FROM TELEHEALTHNET TO OTHER WORLD WIDE WEB SITES OR RESOURCES. BECAUSE PDR HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT PDR IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PDR AND INFORMATION PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE. YOU ALSO AGREE THAT ANY MIS-USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION BY SUCH OTHER SITES IS NOT THE RESPONSIBILITY OF PDR.
3. REVIEW OF POSTINGS AND UPLOADS
PDR DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO TELEHEALTHNET AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, PDR RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES, IN ITS SOLE DISCRETION, TO BE (A) ABUSIVE, LIBELOUS, DEFAMATORY OR OBSCENE, (B) FRAUDULENT, DECEPTIVE OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT OR TRADEMARK, OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO PDR. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY INTERACTIVE AREA, SUCH AS CHAT OR DISCUSSION FORUMS SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
4. LIMITED LICENSE
BY THIS AGREEMENT, PDR GRANTS, SUBJECT TO THE TERMS OF THIS AGREEMENT, ONLY A LIMITED, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE AND DOCUMENTATION NECESSARY TO ACCESS, EXPLORE AND OTHERWISE USE TELEHEALTHNET IN REAL TIME AND TO USE THE MATERIALS IN TELEHEALTHNET IN A MANNER CONSISTENT WITH PARAGRAPH 11 (COPYRIGHT) BELOW.
5. USER'S AGREEMENT
YOU AGREE TO:
(A) MAINTAIN ALL EQUIPMENT REQUIRED FOR YOUR ACCESS TO AND USE OF TELEHEALTHNET;
(B) MAINTAIN THE SECURITY OF YOUR USER IDENTIFICATION, PASSWORD AND OTHER CONFIDENTIAL INFORMATION RELATING TO YOUR TELEHEALTHNET ACCOUNT; AND
(C) BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM USE OF YOUR TELEHEALTHNET ACCOUNT, INCLUDING UNAUTHORIZED USE PRIOR TO YOUR NOTIFYING TELEHEALTHNET OF SUCH USE AND TAKING STEPS TO PREVENT ITS FURTHER OCCURRENCE BY CHANGING YOUR PASSWORD.
6. ON-LINE COMMUNICATIONS
a. YOUR PARTICIPATION IN ON-LINE COMMUNICATIONS OCCURS IN REAL TIME AND IS NOT EDITED, CENSORED OR OTHERWISE CONTROLLED BY PDR. PDR CANNOT AND DOES NOT SCREEN CONTENT PROVIDED BY YOU TO TELEHEALTHNET. NOTWITHSTANDING THE FOREGOING, PDR RESERVES THE RIGHT TO MONITOR CONTENT ON TELEHEALTHNET AND TO REMOVE CONTENT, WHICH PDR, IN ITS SOLE DISCRETION, DETERMINES TO BE HARMFUL, OFFENSIVE OR OTHERWISE IN VIOLATION OF THIS AGREEMENT OR TELEHEALTHNET OPERATING POLICIES FOR USERS OF TELEHEALTHNET ("USERS").
b. YOU MAY SEND AND RECEIVE ELECTRONIC MAIL ("EMAIL"), ENGAGE IN CONFERENCES AND CHATS, POST MESSAGES TO TELEHEALTHNET'S DISCUSSION FORUMS, DOWNLOAD AND UPLOAD FILES AND OTHERWISE USE TELEHEALTHNET AS PERMITTED BY THIS AGREEMENT, TELEHEALTHNET'S OPERATING POLICIES AND APPLICABLE LAW. FILES THAT YOU UPLOAD, PUBLIC MESSAGES THAT YOU SEND AND YOUR ACTIVITY IN CONFERENCES, CHATS AND DISCUSSIONS ARE SUBJECT TO REVIEW, MODIFICATION AND DELETION WITHOUT NOTICE BY THE MANAGER RESPONSIBLE FOR THE TELEHEALTHNET AREA WHERE YOUR UPLOADING OR OTHER ACTIVITY TAKES PLACE (OR BY AN INDIVIDUAL DESIGNATED BY SUCH FORUM MANAGER FOR SUCH PURPOSE). TELEHEALTHNET'S OPERATING POLICIES RELATING TO ONLINE CONDUCT, STORAGE AND DELETION OF EMAIL AND UPLOADED FILES, CONFERENCES, DISCUSSION FORUMS ("BOARDS") AND OTHER MATTERS ARE AVAILABLE AND/OR WILL BE MADE AVAILABLE ONLINE. PDR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CHANGE SUCH POLICIES AT ANY TIME. FILES UPLOADED TO TELEHEALTHNET MAY BE SUBJECT TO POSTED LIMITATIONS ON USAGE, REPRODUCTION AND/OR DISSEMINATION, AND YOU ARE RESPONSIBLE FOR ADHERING TO SUCH LIMITATIONS IF YOU DOWNLOAD THEM.
c. YOU ARE RESPONSIBLE FOR YOUR COMMUNICATIONS AND YOUR USE OF TELEHEALTHNET. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, DO ANY OF THE FOLLOWING: (I) USE SIMULTANEOUS, UNATTENDED OR CONTINUOUS CONNECTIONS TO TELEHEALTHNET WITH ONE ACCOUNT; (II) POST OR TRANSMIT ANY MESSAGE WHICH IS LIBELOUS OR DEFAMATORY; (III) POST OR TRANSMIT ANY MESSAGE, DATA, IMAGE OR PROGRAM WHICH IS INDECENT, OBSCENE OR PORNOGRAPHIC; (IV) POST OR TRANSMIT ANY MESSAGE, DATA, IMAGE OR PROGRAM THAT WOULD VIOLATE THE PROPERTY RIGHTS OF OTHERS, INCLUDING UNAUTHORIZED COPYRIGHTED TEXT, IMAGES OR PROGRAMS, TRADE SECRETS OR OTHER CONFIDENTIAL PROPRIETARY INFORMATION, AND TRADEMARKS OR SERVICE MARKS USED IN AN INFRINGING FASHION; (V) USE TELEHEALTHNET TO THREATEN, HARASS, STALK, ABUSE OR OTHERWISE VIOLATE THE LEGAL RIGHTS (INCLUDING RIGHTS OF PRIVACY AND PUBLICITY) OF OTHERS; (VI) INTERCEPT OR ATTEMPT TO INTERCEPT EMAIL OR OTHER PRIVATE COMMUNICATIONS NOT INTENDED FOR YOU; (VII) SEND EMAIL TO USERS OR OTHER INTERNET USERS FOR ANY PURPOSE OTHER THAN PERSONAL COMMUNICATION, INCLUDING TO ADVERTISE OR OFFER TO UNSOLICITED SELL GOODS OR SERVICES TO OTHER USERS, USE AS A MASS UNSOLICITED DISTRIBUTION MEDIUM TO COMMUNICATE A GENERALLY UNSOLICITED MESSAGE, OR USE YOUR EMAIL ACCOUNT AS AN ADDRESS TO WHICH USERS OR OTHER INTERNET USERS NEED TO RESPOND (EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY PDR); (VIII) SEND UNSOLICITED EMAIL MESSAGES THROUGH THIRD-PARTY MAIL SERVERS IN ORDER TO RELAY YOUR EMAIL OR HIDE THE ORIGINATION OF YOUR EMAIL TO OTHERS; (IX) UPLOAD OR DOWNLOAD FILES THAT CONTAIN SOFTWARE OR OTHER MATERIAL PROTECTED BY INTELLECTUAL PROPERTY LAWS, RIGHTS OF PRIVACY OR PUBLICITY, OR ANY OTHER APPLICABLE LAW UNLESS YOU OWN OR CONTROL THE RIGHTS TO SUCH FILES OR HAVE RECEIVED ALL NECESSARY CONSENTS; (X) UPLOAD FILES THAT CONTAIN A VIRUS OR CORRUPTED DATA; (XI) DELETE ANY AUTHOR ATTRIBUTIONS, LEGAL NOTICES OR PROPRIETARY DESIGNATIONS OR LABELS IN A FILE THAT YOU UPLOAD TO A TELEHEALTHNET; (XII) FALSIFY THE SOURCE OR ORIGIN OF SOFTWARE OR OTHER MATERIAL CONTAINED IN A FILE THAT YOU UPLOAD TO TELEHEALTHNET; (XIII) USE TELEHEALTHNET IN A MANNER THAT ADVERSELY AFFECTS THE AVAILABILITY OF ITS RESOURCES TO OTHER USERS; (XIX) USE, DOWNLOAD OR OTHERWISE COPY, OR PROVIDE (WHETHER OR NOT FOR A FEE) TO A PERSON OR ENTITY THAT IS NOT A SUBSCRIBER TO TELEHEALTHNET THE USER DIRECTORY OR ANY PORTION THEREOF OTHER THAN FOR PERSONAL, NON-COMMERCIAL PURPOSES (EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY TELEHEALTHNET); (XX) FALSELY PURPORT TO BE AN EMPLOYEE OR AGENT OF TELEHEALTHNET (XXI) CAUSE REPEATED DISRUPTIVE INCIDENTS; OR (XXII) ACT, OR FAIL TO ACT, IN YOUR USE OF TELEHEALTHNET, IN A MANNER THAT IS CONTRARY TO APPLICABLE LAW OR REGULATION. IN ADDITION, YOU MAY NOT POST OR TRANSMIT ANY MESSAGE WHICH IS HARMFUL, THREATENING, ABUSIVE OR HATEFUL. PDR RESERVES THE RIGHT TO TAKE SUCH ACTION AS IT DEEMS APPROPRIATE IN CASES WHERE TELEHEALTHNET IS USED TO DISSEMINATE STATEMENTS WHICH ARE DEEPLY AND WIDELY OFFENSIVE AND/OR HARMFUL. EACH TIME YOU UPLOAD A FILE ON TELEHEALTHNET, YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL THE RIGHTS OR HAVE THE NECESSARY CONSENTS TO DO SO, AND YOU GRANT EVERY OTHER USER THE RIGHT TO DOWNLOAD AND USE SUCH FILE. YOUR FAILURE TO OBSERVE ANY OF THE FOREGOING LIMITATIONS OR OBLIGATIONS MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.
7. USE OF USER INFORMATION
a. PDR RESPECTS THE PRIVACY OF USERS. THE NAME, ADDRESS AND OTHER INFORMATION THAT YOU PROVIDE WHEN YOU USE THE SERVICES OF OR SUBSCRIBE TO TELEHEALTHNET AND INFORMATION REGARDING THE MANNER IN WHICH YOU USE TELEHEALTHNET AND/OR THE INTERNET WILL NOT BE PROCESSED OR DISCLOSED BY PDR EXCEPT AS PERMITTED BY THIS AGREEMENT OR AS REQUIRED OR ALLOWED BY APPLICABLE LAW OR LEGAL PROCESS.
b. YOU AGREE THAT PDR MAY SHARE WITH OTHER PARTIES BOTH AGGREGATE INFORMATION AND LIMITED INDIVIDUAL INFORMATION GATHERED DURING YOUR USE OF TELEHEALTHNET AND/OR THE INTERNET. "AGGREGATE INFORMATION" IS INFORMATION THAT DESCRIBES THE HABITS, USAGE PATTERNS AND/OR DEMOGRAPHICS OF USERS AS A GROUP BUT DOES NOT INDICATE THE IDENTITY OF PARTICULAR USERS. "INDIVIDUAL INFORMATION" IS INFORMATION ABOUT A USER PRESENTED IN A FORM DISTINGUISHABLE FROM INFORMATION RELATING TO OTHER USERS BUT NOT IN A FORM THAT ENABLES THE RECIPIENT TO PERSONALLY IDENTIFY ANY USER. YOU ALSO AGREE THAT USER INFORMATION ABOUT YOU MAY BE GATHERED, PROCESSED OR USED UNDER THIS SECTION 7. "USER INFORMATION" CONSISTS OF A USER'S NAME, EMAIL ADDRESS, PHYSICAL ADDRESS, AND/OR OTHER DATA THAT ENABLES THE RECIPIENT TO PERSONALLY IDENTIFY THE USER.
c. YOU AGREE THAT USER INFORMATION FOR YOU MAY BE GATHERED, PROCESSED OR USED IN THE FOLLOWING INSTANCES: (I) IF YOU USE TELEHEALTHNET TO PURCHASE OR OTHERWISE OBTAIN PHYSICAL GOODS OR SERVICES NOT DELIVERED BY MEANS OF ELECTRONIC TRANSMISSION DURING A TELEHEALTHNET SESSION, THE COMPANY THAT SELLS OR PROVIDES SUCH PHYSICAL GOODS OR SERVICES (THE "MERCHANT") WILL OBTAIN USER INFORMATION; (II) IF YOU USE TELEHEALTHNET TO PURCHASE OR OTHERWISE OBTAIN DIGITAL DELIVERY OF OR ACCESS TO SPECIFIC CONTENT, GOODS OR SERVICES SPECIFICALLY DELIVERED OR MADE ACCESSIBLE TO YOU BY MEANS OF ELECTRONIC TRANSMISSION DURING A TELEHEALTHNET SESSION, THE COMPANY PROVIDING SUCH CONTENT, GOODS OR SERVICES (THE "CONTENT PROVIDER," OR "CP") MAY OBTAIN USER INFORMATION; (III) IF YOU OBTAIN DIAL-UP ACCESS TO TELEHEALTHNET FROM A THIRD PARTY INDEPENDENT INTERNET SERVICE PROVIDER (AN "ISP"), USER INFORMATION RELATING TO YOU MAY BE OBTAINED BY THE ISP; AND (IV) PDR AND YOUR ISP MAY USE USER INFORMATION AS IS NECESSARY FOR ENFORCEMENT OF ANY OF THE TERMS OF THIS AGREEMENT.
d. SOME OF THE USER INFORMATION THAT YOU PROVIDE DURING THE TELEHEALTHNET SIGN-UP OR SUBSCRIPTION PROCESS OR WHEN YOU FILL IN A TELEHEALTHNET USER PROPERTIES SECTION WILL BE USED TO CREATE AN ENTRY IN YOUR NAME IN THE TELEHEALTHNET USER DIRECTORY.
e. TELEHEALTHNET MAY, IN ITS COMPLETE AND SOLE DISCRETION, REVIEW UPLOADED FILES, CONFERENCES, FORUMS, AND CHATS AND AUTHORIZE RESTRICTIONS ON ACCESS THERETO. PDR WILL NOT REVIEW THE CONTENTS OF EMAIL EXCEPT AS REQUIRED OR ALLOWED BY APPLICABLE LAW OR LEGAL PROCESS.
f. TELEHEALTHNET IS DESIGNED SPECIFICALLY FOR USE BY ADULTS OVER 18. PARENTS AND THOSE PERMITTING MINORS TO USE THEIR TELEHEALTHNET ACCOUNT SHOULD BE AWARE THAT PDR'S POLICIES CONCERNING PRIVACY AND THE USE OF USER INFORMATION GOVERN PDR THROUGH TELEHEALTHNET'S USE OF USER INFORMATION IS INTENDED FOR ADULTS ONLY. ANY INFORMATION VOLUNTARILY GIVEN BY CHILDREN IN CHAT SESSIONS, EMAIL EXCHANGES, FORUMS, ETC. MAY BE USED BY THIRD PARTIES TO GENERATE UNSOLICITED MAIL OR OTHER CONTACT WITH CHILDREN. PARENTS ARE ADVISED TO EXERCISE SUPERVISION WITH THEIR CHILDREN IF THEY USE TELEHEALTHNET DESPITE PDR'S STATED POLICIES.
g. PDR ENCOURAGES YOU TO USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOURSELF OR YOUR CHILDREN ONLINE. PDR ENCOURAGES ALL PARENTS TO INSTRUCT THEIR CHILDREN IN THE SAFE AND RESPONSIBLE USE OF THEIR USER INFORMATION WHILE USING TELEHEALTHNET AND THE INTERNET. SUCH USER INFORMATION SENT OVER THE INTERNET CANNOT BE TRACKED OR RETRIEVED BYPDR.
h. IF AT ANY TIME YOU BELIEVE THAT PDR HAS NOT ADHERED TO THESE POLICIES CONCERNING PRIVACY AND USE OF USER INFORMATION OR IF YOU HAVE QUESTIONS ABOUT THESE POLICIES, PLEASE NOTIFY PDR AS PROVIDED IN THE NOTICE PROVISION BELOW AND PDR WILL USE ALL REASONABLE EFFORTS TO PROMPTLY DETERMINE AND CORRECT THE PROBLEM.
8. OPERATION
PDR RESERVES COMPLETE AND SOLE DISCRETION WITH RESPECT TO THE OPERATION OF TELEHEALTHNET. PDR MAY, AMONG OTHER THINGS: (A) DELETE EMAIL IF IT HAS NOT BEEN ACCESSED BY A USER WITHIN THE TIME ESTABLISHED BY TELEHEALTHNET'S POLICIES; AND (B) WITHDRAW, SUSPEND OR DISCONTINUE ANY FUNCTIONALITY OR FEATURE OF TELEHEALTHNET.
9. USER REPRESENTATIONS
WITHOUT LIMITING THE GENERALITY OF ANYTHING SET FORTH HEREINABOVE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT AND TO USE TELEHEALTHNET IN ACCORDANCE WITH THIS AGREEMENT. YOU AGREE TO BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF TELEHEALTHNET (AS WELL AS FOR USE OF YOUR ACCOUNT BY OTHERS, INCLUDING MINORS LIVING WITH YOU) AND TO COMPLY WITH YOUR RESPONSIBILITIES AND OBLIGATIONS AS STATED IN THIS AGREEMENT.
10. CONTENT
STATEMENTS MADE IN TELEHEALTHNET REFLECT ONLY THE VIEWS OF THEIR AUTHORS. FORUM MANAGERS, FORUM HOSTS, OR MERCHANTS APPEARING ON TELEHEALTHNET ARE NOT AUTHORIZED PDR SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF PDR.
THE ADVERTISERS PRESENTED ON TELEHEALTHNET HAVE NO INFLUENCE ON THE SUBJECT OR MANNER IN WHICH THE EDITORIAL CONTENT IS CONVEYED NOR DOES THE PRESENTATION OF ANY SPECIFIC ADVERTISEMENT IMPLY ENDORSEMENT BY TELEHEALTHNET OR PDR.
11. COPYRIGHT
THE ENTIRE CONTENTS OF TELEHEALTHNET ARE COPYRIGHTED AS A COLLECTIVE WORK UNDER THE LAWS OF UNITED STATES AND OTHER COPYRIGHT LAWS. PDR HOLDS THE COPYRIGHT IN THE COLLECTIVE WORK. THE COLLECTIVE WORK INCLUDES WORKS, WHICH ARE THE PROPERTY OF THE INFORMATION PROVIDERS, WHICH ARE ALSO PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU MAY NOT DISPLAY ANY OF THE MATERIAL FROM THE DIFFERENT AREAS OF TELEHEALTHNET. ANY REDISTRIBUTION RETRANSMISSION OR PUBLICATION OF ANY COPYRIGHTED MATERIAL IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF THE COPYRIGHT OWNER. YOU AGREE NOT TO CHANGE OR DELETE ANY PROPRIETARY NOTICES FROM MATERIALS DOWNLOADED FROM TELEHEALTHNET.
12. PASSWORDS AND SECURITY
YOU WILL CHOOSE A PASSWORD TO USE IN CONNECTION WITH TELEHEALTHNET. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, AND YOU SHALL ENSURE THAT YOU EXIT FROM YOUR ACCOUNT AT THE END OF EACH SESSION. YOU SHALL NOTIFY PDR IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY. PDR CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS.
13. LICENSES AND IDEA SUBMISSIONS
YOU AGREE TO GRANT TO PDR A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, PERPETUAL LICENSE, WITH THE RIGHT TO SUBLICENSE, TO REPRODUCE, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY AND PUBLICLY PERFORM ANY MATERIALS AND OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED PRODUCTS OR SERVICES) YOU SUBMIT TO PUBLIC AREAS OF TELEHEALTHNET (SUCH AS CHAT ROOMS AND FORUMS) BY ALL MEANS AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. IF PDR USES ANY MATERIALS OR OTHER INFORMATION SO SUBMITTED BY YOU, PDR WILL USE COMMERCIALLY REASONABLE EFFORTS TO ATTRIBUTE SUCH MATERIALS TO YOU BY THE NAME OR USER NAME UNDER WHICH YOU SUBMITTED SUCH MATERIALS. YOU HEREBY WAIVE YOUR MORAL RIGHTS IN ANY SUCH MATERIALS AND INFORMATION, AND YOU HEREBY WARRANT THAT ANY SUCH MATERIALS AND INFORMATION ARE ORIGINAL WITH YOU, OR THAT YOU HAVE THE RIGHT TO SUBMIT SUCH MATERIALS AND INFORMATION. YOU AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST PDR FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT IN YOUR COMMUNICATION TO PDR OR ITS REPRESENTATIVES.
14. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PDR, ITS OFFICERS, DIRECTORS, VOLUNTEERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING TELEHEALTHNET USING YOUR SERVICE ACCOUNT.
15. WAIVERS, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER PDR, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF TELEHEALTHNET. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PDR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF PDR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF TELEHEALTHNET. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF PDR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES, IF ANY, PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE ALLEGED LIABILITY. IN NO EVENT SHALL PDR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF TELEHEALTHNET ARE HEREBY EXCLUDED EVEN IF PDR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. THIRD PARTY RIGHTS
THE PROVISIONS OF PARAGRAPHS 14 (INDEMNIFICATION) AND 15 (WAIVER, RELEASE AND LIMITATION OF LIABILITY) ARE FOR THE BENEFIT OF PDR AND ITS OFFICERS, DIRECTORS, VOLUNTEERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND INFORMATION PROVIDERS. EACH OF THESE INDIVIDUALS OR ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THOSE PROVISIONS DIRECTLY AGAINST YOU ON ITS OWN BEHALF.
17. TERMS; TERMINATION
EITHER YOU OR PDR MAY TERMINATE YOUR RIGHT TO USE TELEHEALTHNET AT ANY TIME, WITH OR WITHOUT CAUSE, UPON NOTICE. PDR ALSO RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR TELEHEALTHNET MEMBERSHIP WITHOUT PRIOR NOTICE, BUT PDR WILL CONFIRM SUCH TERMINATION OR SUSPENSION BY SUBSEQUENT NOTICE. THE PROVISIONS OF PARAGRAPHS 11 (COPYRIGHT), 13 (LICENSE, AND IDEA SUBMISSION), 14 (INDEMNIFICATION), 15 (WAIVER, RELEASE AND LIMITATION OF LIABILITY), 16 (THIRD PARTY RIGHTS), AND 20 (MISCELLANEOUS) SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
18. NOTICE
PDR MAY DELIVER NOTICE TO YOU UNDER THIS AGREEMENT BY MEANS OF ELECTRONIC MAIL, A GENERAL NOTICE ON TELEHEALTHNET, OR BY WRITTEN COMMUNICATION DELIVERED BY FIRST CLASS U. S. MAIL TO YOUR ADDRESS ON RECORD IN TELEHEALTHNET ACCOUNT INFORMATION. YOU MAY GIVE NOTICE TO PDR AT ANY TIME VIA ELECTRONIC MAIL TO PDR OR BY LETTER DELIVERED BY FIRST-CLASS POSTAGE PREPAID U. S. MAIL OR OVERNIGHT COURIER TO THE FOLLOWING ADDRESS:
PIONEER DEVELOPMENT RESOURCES, INC.
1135 TERMINAL WAY, SUITE 209
RENO, NEVADA 89502
ATTN: WEBMASTER
ELECTRONIC MAIL: WEBMANAGER@TELEHEALTHNET.COM
19. SEVERABILITY
THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE, AND IN THE EVENT ANY PROVISION HEREOF IS DETERMINED TO BE INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR UNENFORCEABILITY SHALL NOT IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS HEREOF.
20. MISCELLANEOUS
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA. YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING BETWEEN PDR AND YOU FOR ANY PURPOSE CONCERNING THIS AGREEMENT OR THE PARTIES' OBLIGATIONS HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION SITTING IN NEVADA, UNITED STATES. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO PDR AND/OR TELEHEALTHNET MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. PDR'S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY PROVISION OF THIS AGREEMENT. PDR MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU. THIS AGREEMENT IS NOT ASSIGNABLE, TRANSFERABLE OR SUBLICENSABLE BY YOU EXCEPT WITH PDR'S PRIOR WRITTEN CONSENT. BOTH PARTIES AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES AND SUPERSEDES AND CANCELS ALL PREVIOUS WRITTEN AND ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT ALL MODIFICATIONS MUST BE IN A WRITING SIGNED BY BOTH PARTIES, EXCEPT AS OTHERWISE PROVIDED HEREIN. NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT IS CREATED AS A RESULT OF THIS AGREEMENT AND YOU DO NOT HAVE ANY AUTHORITY OF ANY KIND TO BIND PDR IN ANY RESPECT WHATSOEVER. IN ANY ACTION OR PROCEEDING TO ENFORCE RIGHTS UNDER THIS AGREEMENT, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER COSTS AND ATTORNEYS' FEES. ALL NOTICES UNDER THIS AGREEMENT WILL BE IN WRITING AND WILL BE DEEMED TO HAVE BEEN DULY GIVEN WHEN RECEIVED, IF PERSONALLY DELIVERED; WHEN RECEIPT IS ELECTRONICALLY CONFIRMED, IF TRANSMITTED BY FACSIMILE OR EMAIL; THE DAY AFTER IT IS SENT, IF SENT FOR NEXT DAY DELIVERY BY RECOGNIZED OVERNIGHT DELIVERY SERVICE; AND UPON RECEIPT, IF SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED. PDR'S FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION UNLESS ACKNOWLEDGED AND AGREED TO BY AN AUTHORIZED REPRESENTATIVE OF PDR IN WRITING. IT IS THE EXPRESS WILL OF THE PARTIES THAT THIS AGREEMENT AND ALL RELATED DOCUMENTS HAVE BEEN DRAWN UP IN ENGLISH.







