Terms
of USE
Please
print and keep a copy of this Agreement. If you do not agree
to
abide by the terms
and
conditions of this Agreement, please do not become a user
of WE CAN COPE(SM),
offered by Inflexxion®, Inc (“Inflexxion”).
Use of the website constitutes acceptance of this agreement.
1. Information Not a Substitute
For Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.
WE CAN COPE(SM) is an informational website offered by Inflexxion™,
Inc. The information provided on the WE CAN COPE(SM) web site
is not medical advice provided by a physician and is not
a substitute for such advice. Inflexxion® is not a health
care provider. If you have any questions or concerns regarding
your health or any health problems, you should seek the advice
of a licensed physician.
2. Ownership of the Information,
Materials and Software of the Website
2.1 You expressly acknowledge and agree that the website
contains information, text, software, photos, video, graphics,
music, sounds and other material (called "Materials")
that are protected by copyrights, trademarks, trade secrets,
patents or other proprietary rights (called "Intellectual
Property Rights"), that these Intellectual Property
Rights are valid and protected in all forms, media and technologies
existing now or developed later, and that all right, title
and interest in and to these Materials, including but not
limited to all Intellectual Property Rights, belong solely
and exclusively to the owners and creators of Inflexxion,
Inc.
2.2 The WE CAN COPE web site does not accept any paid advertisements.
All the information provided in the web site is original
material created by Inflexxion®. Inflexxion® occasionally
receives grants from state and federal governments to assist
with the funding and creation of programs.
3. Use of the Information and
Materials of the Website
The license granted herein is nonexclusive, personal to you
and nontransferable.
3.1. Except as you may be expressly permitted by this Agreement,
you may not use, modify, adapt, reformat, download, upload,
post, reproduce, broadcast, publish, display, perform, transfer
or redistribute any Materials in any form, format or media
or by means of any technology without obtaining the prior
written authorization of the owners and creators of WE CAN COPE(SM) and any other owner of the Intellectual Property Rights
in such Materials.
3.2. You may, on an occasional and irregular basis, include
insubstantial portions of Materials from the website in memoranda,
reports and presentations, and then only to the extent that
such use constitutes "fair use" under applicable
copyright and intellectual property law, provided that in
each instance you include in all such memoranda, reports
and presentations all copyright, trademark and other notices
from the website and the information used, original source
attribution, and the phrase "Used with permission from
the owners and creators of WE CAN COPE(SM) except for such
other Materials which have been incorporated into WE CAN COPE(SM) by reference and as such require permission from the
owners of such Materials.
3.3. If you reproduce Materials from the website, as permitted
by this Agreement, you must preserve any copyright, trademark
or other notices contained in or associated with them. This
means, among other things, that if the specific Material
you are reproducing does not contain the relevant notices
that appear on the website, you must go to the place on the
website where such notices appear and copy them into the
Materials you are reproducing.
3.4. All copyrights and copyrightable materials which are
a part of WE CAN COPE(SM) including, without limitation,
the Inflexxion logos, designs, text, graphics, pictures,
photos,
files, software, applications, code, hidden text, databases
and other files and the selection and arrangement thereof
are COPYRIGHT © 2003 Inflexxion®, Inc. ALL RIGHTS
RESERVED.
3.5. Except as stated herein, none of the Materials may be
copied, reproduced, distributed, republished, transferred,
sold, used to create derivative works, performed, downloaded,
displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written consent
of Inflexxion or the respective copyright owner. Software
may not be reverse engineered unless specifically authorized
by the owner of the software's patent and/or copyright.
3.6. Inflexxion®, Inflexxion®.com, the Inflexxion® logo, WE CAN COPE(SM),
graphics, and icons in the software are trademarks, service
marks, trade dress, and/or registered trademarks
of Inflexxion®, and may not be copied, imitated or used,
in whole or in part, without the prior written permission
of Inflexxion®.
3.7. Permission is granted to display and download Contents
of Inflexxion® for personal, non-commercial and informational
use only; provided that you may not, without the permission
of Inflexxion® or the respective copyright owner, alter
the Contents to display the Contents without the Inflexxion® Copyright
notice and these Intellectual Property Guidelines. Any unauthorized
use of intellectual property will terminate the user's subscription
and violate applicable law. All violations will be prosecuted
and all infringing parties will be pursued to the full extent
of the law. If you wish to request permission to reproduce
Materials from the website for other than the specifically
authorized educational purpose, or if you have any questions
about the proper way to include such notices, contact the
owners and creators of WE CAN COPE(SM).
4. This Agreement and Changes
to It
4.1 The owners and creators of WE CAN COPE(SM) may change any
of the terms in this Terms of Use Agreement at any time.
Changes will become effective when WE CAN COPE(SM) posts the
modified Agreement on the website. If you do not agree to
the changes, you may cease use of the website at any time.
Continued use of this website by you or any other subscriber
under your license constitutes acceptance of the terms of
the modified Agreement.
4.2. This Agreement is the entire agreement between the owners
and creators of WE CAN COPE(SM) and you with respect to the
website. Headings in this Agreement are for your convenience
only and do not have any legal meaning or effect. If any
part of this Agreement is invalid, the rest of this Agreement
will remain in effect. If the owners and creators of WE CAN COPE(SM) waive
or fails to enforce any term or condition of this Agreement
on any one or more occasions, whether by conduct
or otherwise, its waiver or failure to enforce will not mean
that it must waive or cannot enforce such term or condition
on any other occasion, or any other term or condition of
this Agreement. The meaning of this Agreement cannot be changed
by your or Inflexxion®'s conduct, even if repeated, or
by any custom or practice of others engaged in the same or
similar businesses.
5. Changes to Website
The owners and creators of WE CAN COPE(SM) may change or discontinue
any portion, feature or content of the website at any time
with or without notice to you. Likewise, the owners and creators
of WE CAN COPE(SM) may at any time, with or without notice
to you, restrict the use and accessibility of the website
as well as limit the duration and amount of use made of the
website.
6. Subscription Rates, Other Charges, and Payment
The owners and creators of WE CAN COPE(SM) may change the Subscription
Rates they charge for use of the website or add new Subscription
Rates for parts of the website that were previously free
at any time. Such changes shall be effective immediately
with respect to new subscriptions and renewals.
7. Your Other Responsibilities
Concerning Subscription to the Website
7.1. The User is responsible for complying with all terms
and conditions of this Agreement, as modified from time to
time, and with any other rules and regulations of which the
owners and creators of WE CAN COPE(SM) gives you notice. You
are also responsible and the owners and creators of WE CAN COPE(SM) have no obligation for obtaining and using all computer
hardware and software required for your access to and use
of the website and for any charges incurred for your own
access to the website through any Internet access provider
or other third party website.
7.2. You agree NOT to use the WE CAN COPE(SM) website for any
of the following purposes or activities:
a. The creation, transmission of or posting of any message,
data, information, text, software, graphics, files, materials
or other Content that is unlawful, libelous, defamatory,
obscene, pornographic, indecent, harassing, threatening harmful,
invasive of privacy or publicity rights;
b. Interference with or disruption to the Sites services
or network, including, but not limited to, attempting to
gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through
password mining or any other means;
c. To transmit or upload any material that contains viruses,
trojan horses, worms, time bombs, cancelbots, or any other
harmful, destructive or deleterious programs;
d. In connection with any surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or
unsolicited messages;
e. To impersonate another or create a false identity or otherwise
misrepresent an affiliation with a person or entity;
f. To cause harm to minors;
g. To infringe another's patent, trademark, copyright, trade
secret, or other intellectual property;
h. To violate another's privacy;
I. To violate any applicable laws, statutes or regulations;
j. To stalk;
k. To violate any regulations of the U.S. Securities and
Exchange Commission or any securities exchange including
the New York Stock Exchange, American Stocking Exchange,
or the NASDAQ;
l. To use any robot, spider, or other automatic device, or
manual process to monitor or copy WE CAN COPE(SM) web pages
or any Content on the WE CAN COPE(SM) site without
Inflexxion®'s
prior express written permission;
m. To distribute any advertising or solicitation of funds
or goods and services or to solicit users to join competitive
online services;
n. To post a link, address or other contact to any site which
is for any of the above purposes; or
o. To defame another individual or entity.
8. Termination
of this Agreement
The owners and creators of WE CAN COPE(SM) may, in their sole
and absolute discretion, and with or without notice, suspend
your access to all or any part of the website, or terminate
this Agreement and thus your rights to use the website, for
any conduct or use (whether by you or anyone else having
access under your User ID(s) and Password(s)) that the owners
and creators of WE CAN COPE(SM) believe is a violation of this
Agreement or for any other conduct or use that the owners
and creators of WE CAN COPE(SM) believes is harmful to other
Users, WE CAN COPE(SM)'s content providers, or to the website
or the interests of the owners and creators of WE CAN COPE(SM).
9. Disclaimer of Warranties
9.1. THE WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE
ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION
OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR
WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR
IN CONNECTION WITH THE WEBSITE. WE CAN COPE(SM) AND
INFLEXXION® EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT
AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
9.2. You expressly agree that your use of the website is
at your sole risk. The owners and creators of WE CAN COPE(SM)
do not warrant that the website will be uninterrupted or
error free; nor does it make any warranty as to the results
that may be obtained from your use of the website, or as
to the accuracy, reliability, completeness, or content of
any information, website, software or merchandise that may
be provided through the website. No statement, information
or advice, including, but not limited to, statements regarding
capacity, suitability for use or performance, whether made
by the owners and creators of WE CAN COPE(SM), employees, reseller
or other representative or otherwise, which is not contained
in this agreement shall be deemed to be a warranty by the
owners and creators of WE CAN COPE(SM) for any purpose or give
rise to any liability of WE CAN COPE(SM) whatsoever, and you
agree that you will not rely on any such statement, information
or advice.
9.3. Where the owners and creators of WE CAN COPE(SM) are a
distributor, rather than a publisher, of Materials accessible
through the website, the owners and creators of WE CAN COPE(SM)
exercise no more editorial control over such Materials than
does a typical public library, bookstore or newsstand. The
views and opinions expressed in such information do not necessarily
reflect those of the owners and creators of WE CAN COPE(SM)
or its content providers or licensors. Neither the owners
nor creators of WE CAN COPE(SM) nor its content providers or
licensors make any warranties or representations regarding
the accuracy, adequacy, truthfulness, completeness, or usefulness
of such information.
10. Limitation of Liability
10.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
WE CAN COPE(SM) OR INFLEXXION®, BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE,
EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM
LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL
OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO
PROPERTY, EVEN IF WE CAN COPE(SM) HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT
FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING,
BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT,
INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE
WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS
FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES,
TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES WE CAN COPE(SM)'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
10.2. If, notwithstanding the foregoing, the owners and creators
of WE CAN COPE(SM) were to be held liable for damages, then
regardless of the form of action (whether in contract, tort,
breach of warranty or otherwise), in no event shall the maximum
liability of the owners and creators of WE CAN COPE(SM) and
the parties described in the next sentence (WE CAN COPE(SM)'s "Related
Parties") exceed, either jointly or severally, the aggregate
dollar amount paid by you to the owners and creators of WE CAN COPE(SM) in
the twelve (12) months prior to the claimed injury or damage.
All of the provisions of this section are
also for the benefit of the owners and creators of Inflexxion®'s
directors, officers, shareholders, employees, affiliates,
agents, third-party content providers, licensors and the
like, and anyone else involved in creating, producing or
distributing the website, and each shall have the right to
assert and enforce the provisions directly on their own behalf.
10.3 The resources on other sites that can be accessed with
hypertext links from WE CAN COPE(SM) are not maintained by
Inflexxion, and Inflexxion is not responsible for the availability
or accuracy or such sites or resources, or the content, advertising,
or products on or available from such sites or resources.
The inclusion of any link on the Site does not imply that
Inflexxion endorses the linked site. Such sites may be governed
by legal notices and privacy policies, which differ from
those of this Site.
11. Indemnification by You
You agree to defend, indemnify and hold harmless the owners
and creators of WE CAN COPE(SM) and its Related Parties from
any claims and expenses, including reasonable attorney's
fees, related to any violation of this Agreement by your
use of the website, or in connection with the placement or
transmission by you of any material on the website except
as expressly authorized in this Agreement.
12. Notices
The owners and creators of WE CAN COPE(SM) may give notice
to you by electronic mail, by a posting on the website, or
by conventional mail. Notice by the owners and creators of
WE CAN COPE(SM) shall be effective on the date that the owners
and creators of WE CAN COPE(SM) make a good faith effort to
reach you. You shall give notice to the owners and creators
of WE CAN COPE(SM) as stated below. Notice by you shall be
effective on the date that the owners and creators of WE CAN COPE(SM) actually receive the notice.
Inflexxion, Inc.
320 Needham Street, Suite 100
Newton, Massachusetts 02464-1594
13. Privacy Information
13.1 Your privacy is important to the owners and creators
of WE CAN COPE(SM). All confidential personal data relating
to individual users of this web site, including their identity,
is respected by this web site. The web site owners undertake
to honor or exceed the legal requirements of medical and/or
health information privacy that apply in the country and
state where the web site and mirror sites are located.
13.2 By using the website, you are agreeing that the owners
and creators of WE CAN COPE(SM) .may collect, use, sell, license
and otherwise distribute demographic data about users in
aggregated form (so that no user is personally identifiable)
to assist in market evaluation and for other purposes as
reasonably determined by the owners and creators of WE CAN COPE(SM).
14. Contact Information
For further information or support regarding this web site,
you are encouraged to contact the owners at info@inflexxion.com
or by mail at:
Inflexxion, Inc.
320 Needham Street, Suite 100
Newton, Massachusetts 02464-1594
15. Miscellaneous
15.1. This Agreement is personal to you, and you may not
assign, transfer or delegate your rights or obligations to
anyone. This Agreement, your and the owners and creators
of WE CAN COPE(SM)'s rights and obligations, and any disputes
or disagreements regarding the website will be governed by
the laws of the U.S. and the Commonwealth of Massachusetts.
Any and all actions, disputes or controversies relating to
the Agreement or the website will be decided by the courts
of the Commonwealth of Massachusetts and the U.S. located
in Boston, Massachusetts, and you consent to the jurisdiction
and venue of those courts.
15.2. In the event that any provision of this Agreement is
held to be invalid or unenforceable, pursuant to judicial
decree or decision, the remainder of this Agreement shall
remain valid and enforceable according to its terms.
15.3. You acknowledge that the owners and creators of WE CAN COPE(SM) will be irreparably harmed by any breach of this
Agreement by you or by your unauthorized use of the Materials
or the website and, further, that monetary damages may not
be a sufficient remedy for such harm. You agree that the
owners and creators of WE CAN COPE(SM) shall be entitled, without
waiving any other rights or remedies and without further
demonstration of irreparable harm or the inadequacy of monetary
damages, to obtain injunctive or other equitable relief in
the event of any breach of this Agreement by you or by your
unauthorized use of the Materials or the website.
|
