All rights in and to Content not specifically granted to you are expressly reserved and any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution or both. "Content" refers to all elements of our Service, all content, Marks (defined below) audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, service and trademarks, brands and all other proprietary information and materials; whether or not copyrightable or otherwise legally protectable, tangible or intangible, including the selection, sequence, look and feel and arrangement of items. Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and may be protected under U.S. Federal and State, as well as any foreign laws, regulations and international treaties that apply. We make no representations about the accuracy, reliability, usefulness or completeness of any Content and you agree your use of our Service is solely at your own risk. You may only use our Service and Content for non-commercial personal use and your rights are not assignable or transferable. "Marks" refers to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification.
RESPECTING THE RIGHTS OF OTHERS
Do not send us any original creative ideas, suggestions, content or materials for us to review, evaluate or use. We have no obligation for unsolicited submissions and we have no obligation of confidence or restrictions on our use or disclosure and we will have the right to unrestricted use for any purpose, without attribution, compensation or otherwise to you or anyone else.
LINKS TO THIRD PARTY SITES
As a convenience to you, we may provide, on this Website, links to websites operated by other entities. If you use these sites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not have any responsibility for other parties or websites (or their privacy policies) or for their goods or services or any results or data obtained therefrom, even if we have a licensing, marketing, advertising or other arrangement with them. We make no warranty or representation regarding, and do not endorse, any third party websites or the information appearing thereon, the results or data obtained therefrom, or any of the products or services described thereon. Links do not imply that we or this Service sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that you or any linked site is authorized to use any Lake Region Medical trademark, trade name, logo, copyright or other intellectual property. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR SERVICE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE THAT THE SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR OR ASSIGNEE, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING FROM OUR SERVICE OR YOUR USE OF OUR SERVICE, REGARDLESS OF THE FORM OF ACTION, LEGAL THEORY OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF REMEDY, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE ARE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED UNDER THIS AGREEMENT, AT LAW AND IN EQUITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LAW THAT APPLIES
Your use of our Service and your agreement with us is governed and will be enforced under the Commonwealth of Massachusetts law applicable to contracts made, executed and wholly performed in Massachusetts. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the Boston, Massachusetts, and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on Contracts for the International Sale of Goods apply and their applicability is expressly excluded. You agree printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement of Content on our Service should be sent ONLY to our Designated Agent.
Written notification of copyright infringement must be submitted to our Designated Agent:
Attn: General Counsel
Full Address of Designated Agent to which notification should be sent:
100 Fordham Road
Wilmington, MA 01887
Telephone Number of Designated Agent: 978-570-6900
E-mail Address of Designated Agent: firstname.lastname@example.org
Your Notification of Claimed Infringement must include substantially the following information: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.