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Article: Searching for the Perfect Electronic Medical Record Program, by Dr. C.B. Daniel
 

Terms and Conditions for Site Use


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Shatalmic provides complimentary Internet-based communications and information services to a person or persons accessing the website (a "User" or "Users"). By using this site, you signify your agreement to these Terms and Conditions of use. You must agree to these Terms and Conditions in order to use the patienttracker.com website. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, do not use this site!
Shatalmic, LLC may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted at the patienttracker.com Website because your continued usage of the patienttracker.com website ("Shatalmic.com site," or the "Site,") will mean you accept those changes.

Section 1. General Disclaimer; No Medical Advice.

THE CONTENT ON THE SITE IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
Shatalmic does not recommend or endorse any specific products or procedures that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the authors. Shatalmic does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by Shatalmic via the Site, its contributing authors, or other visitors to the Site is done solely at your own risk. Shatalmic assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. Shatalmic reserves the right to change or discontinue at any time any aspect or feature of this Site.
You understand further that the Internet contains unedited materials, some of which are sexually explicit and may be offensive to you. You access this material at your own risk. Shatalmic, its licensors, and its suppliers have no control over and accept no responsibility whatsoever for such materials.

Section 2. Use of Content; Copyright.

Upon acceptance of these Terms and Conditions, Shatalmic authorizes you to view or download a single copy of the material on this web site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into these Terms and Conditions by reference.

The contents of the Site, such as text, graphics, images and other material including software licensed by Shatalmic to permit Users to access the Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Shatalmic, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows:
Copyright 2005, Shatalmic, LLC - All rights reserved.

For information obtained from Shatalmic's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of Shatalmic.com. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Section 3. Company's Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate but may contain inaccuracies or typographical errors. Shatalmic makes no representations about the results to be obtained from using the Site or the Content. The use of the Site and the Content is at your own risk.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE, AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD-PARTY LOCAL EXCHANGE AND LONG-DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF SHATALMIC AND ITS SUPPLIERS. ACCORDINGLY, SHATALMIC ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SHATALMIC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SHATALMIC, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. SHATALMIC, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
IN NO EVENT SHALL SHATALMIC, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, SHATALMIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHATALMIC SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US$1000.00 (ONE THOUSAND DOLLARS). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Section 4. User Submissions.

Except as described herein, any communication which you post on the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant -- or warrant that the owner of such Content has expressly granted -- Shatalmic.com a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

Section 5. Use of Interactive Areas.

Shatalmic may provide Bulletin Boards, Chat Rooms, and other Interactive Areas (collectively termed "Interactive Areas") on the Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Shatalmic does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
2. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity as determined by Shatalmic.com at its sole discretion;
4. Post advertisements or solicitations of business;
5. After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
6. Post chain letters or pyramid schemes;
7. Impersonate another person or post anonymously;
8. Allow any other person or entity to use your identification to post or view comments
9. Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
10. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of Shatalmic, exposes Shatalmic or any of its customers or suppliers to any liability or detriment of any type.

Shatalmic reserves the right to record the dialogue in public chat rooms. Shatalmic does not screen communications in advance and is not responsible for screening or monitoring material posted by Users or any other person or entity. If notified by a User of communication(s) which are alleged not to conform to the terms of this Section, Shatalmic may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Shatalmic reserves the right to remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions. In addition to the removal rights described above, Shatalmic reserves the right to terminate a User's access to any or all Interactive Area upon User's breach of these Terms and Conditions. Shatalmic reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content.

Furthermore, Shatalmic reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting in the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Shatalmic or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. SHATALMIC HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

Shatalmic does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.

Through your use of the Site's Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.

Section 6. Links to Other Sites.

The Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Shatalmic of the content on such third-party web sites. Shatalmic is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third- party web sites is subject to the Terms and Conditions of use for such sites.

Section 7. Advertisements.

The Site contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, Shatalmic does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.

Section 8. Indemnity.

You agree to defend, indemnify and hold Shatalmic, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. Shatalmic shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Section 9. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).

Section 10. General.

Shatalmic is based in the United States of America. Shatalmic makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Section 11. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Shatalmic, or in any way relating to your membership or use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Shatalmic or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 12. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE Terms and Conditions CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND SHATALMIC WITH RESPECT TO THE USE OF THE patientracker.com SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.
Thank you for your cooperation with these Terms and Conditions. We hope you find the site helpful and convenient to use! Questions or comments regarding this Site should be directed by electronic mail to info@shatalmic.com.

 

 

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