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SITE
USE POLICY - DRGAFFNEY.COM
TERMS AND CONDITIONS
Access to and use of DrGaffney.com are subject
to the terms and conditions of this User Agreement
("Terms and Conditions") and all applicable
laws and regulations. BY ACCESSING DRGAFFNEY.COM,
YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION,
ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
Modification of These Terms
DrGaffney.com reserves the right to change these
Terms and Conditions, including, without limitation,
its Privacy Policy, at any time, effective upon
making the modified provisions available on DrGaffney.com's
website. You are responsible for regularly reviewing
these Terms and Conditions. Continued use of DrGaffney.com
after any changes shall constitute your consent
to such changes. DrGaffney.com does not and will
not assume any obligation to notify you of any
changes to these Terms and Conditions.
Acceptable Use Limitation
You may not use DrGaffney.com products or services
to:
a. defame, abuse, harass, threaten or otherwise
violate the legal rights (such as rights of privacy
and publicity) of others;
b. conduct or forward illegal contests, pyramid
schemes, chain letters, unsolicited or unauthorized
advertising, promotional materials, unsolicited
e-mail or multi-level marketing campaigns;
c. publish, post, distribute, disseminate or link
to any: (i) inappropriate, profane, defamatory,
infringing, obscene, adult content, nude, indecent
or unlawful topic, name, material or information;
(ii) software or other material protected by intellectual
property laws, copyright licenses, rights of privacy
or publicity, or other proprietary rights, unless
you own, control such rights or have received
all necessary consents for your use of such software
and other materials;
d. harvest or otherwise collect information about
third parties, including e-mail addresses, without
the express consent of such third parties;
e. restrict or inhibit any other user from using
and enjoying its rights at DrGaffney.com, interfering
with or disrupting the DrGaffney.com service or
servers or network connected to DrGaffney.com;
or,
f. violate any applicable government laws or regulations.
Use of Communication Services
DrGaffney.com contains bulletin board services,
forums, communities, personal web pages, electronic
mail postings and/or other message or communication
facilities designed to enable you to communicate
with the public at large or with a group (collectively,
"Communication Services"). You agree
to use the Communication Services only to post,
send and receive messages and material that are
proper and related to the particular Communication
Service, and to comply with all applicable laws
and these Terms and Conditions. In addition to
above acceptable use limitations, you agree that
when using a Communication Service, you will not:*
Advertise or offer to sell or buy any goods or
services;
* Restrict or inhibit any other user from using
and enjoying its rights in the Communication Services;
* Violate any code of conduct or other guidelines
that may be applicable for any particular Communication
Service;
* Harvest or otherwise collect information about
others, including e-mail addresses, without their
express consent;
* Link the Communication Services to any unsolicited
communication sent to any third party, or otherwise
use or mention the Communications Services in
connection with any such unsolicited communication;
or,
* Violate any applicable laws or regulations.
DrGaffney.com reserves the right, but is not obligated,
to review materials posted to a Communication
Service and to remove any such materials at its
sole discretion, without notice at any time. In
addition, DrGaffney.com reserves the right to
terminate your access to any or all of the Communication
Services at any time without notice for any reason
whatsoever. Furthermore, DrGaffney.com reserves
the right to terminate or change any Communication
Service at anytime. DrGaffney.com is not obligated
to monitor the Communication Services. However,
with respect to the use of the Communication Service,
DrGaffney.com reserves the right to disclose any
information or materials as necessary to satisfy
any applicable law, regulation, legal process
or governmental request, or to edit, refuse to
post or to remove any information or materials,
in whole or in part, from the Communication Service
in DrGaffney.com's sole discretion.
You acknowledge that Communication Services are
public and not private communications, therefore
your communications may be read by others without
your knowledge. Always use caution when giving
out any personally identifying information about
yourself or others in any Communication Service.
DrGaffney.com does not control or endorse the
content, messages or information found in any
Communication Service and, therefore, DrGaffney.com
specifically disclaims any liability with regard
to the Communication Services and any actions
resulting from your participation in any Communication
Service. Materials uploaded to a Communication
Service may be subject to posted limitations on
usage, reproduction and/or dissemination, and
you are responsible for adhering to such limitations
if you download the materials.
Liability Disclaimer
The information, software, products, services
and other material included in or available through
DrGaffney.com may not be complete, and may include
inaccuracies or errors, and may also be modified
or deleted from time to time.
Your access to and use of DrGaffney.com is at
your own risk. DrGaffney.com, and its members
and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue,
accounts or business that occurs in connection
with your use of DrGaffney.com, or such products
or services. Without limiting the foregoing, DRGAFFNEY.COM
AND/OR ITS RESPECTIVE LICENSORS, SUPPLIERS, AND
THIRD PARTY CONTRIBUTORS ("AFFILIATES")
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE
CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND MATERIALS CONTAINED IN DRGAFFNEY.COM FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. DRGAFFNEY.COM AND/OR
ITS RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO
THE USE OF THE DRGAFFNEY.COM SITE, THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL DRGAFFNEY.COM AND/OR ITS AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF DRGAFFNEY.COM OR RELATED
SERVICES, WITH THE DELAY OR INABILITY TO USE DRGAFFNEY.COM
OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH DRGAFFNEY.COM, OR OTHERWISE ARISING OUT
OF THE USE OF DRGAFFNEY.COM, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF DRGAFFNEY.COM OR ANY OF ITS
AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF DRGAFFNEY.COM, OR WITH ANY OF THESE
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING DRGAFFNEY.COM AND
ITS RELATED SERVICES.
Access Restriction
DrGaffney.com reserves the right to deny, in its
sole discretion, any user access to DrGaffney.com
or any portion thereof without notice. You are
responsible for safeguarding the confidentiality
of your password(s) and user name(s) created by
you on DrGaffney.com, and for any use or misuse
of your account or DrGaffney.com resulting from
any third party using a password or user name
created by you.
Indemnification
You agree to defend, indemnify and hold DrGaffney.com,
and its Affiliates, harmless from and against
any and all claims, losses, liability, costs and
expenses (including but not limited to attorneys'
fees) arising from your violation of these Terms
and Condition, any third-party's rights, (including,
without limitation, infringement of any copyright,
violation of any proprietary right and invasion
of any privacy rights), and/or the use or misuse
of your password(s) and or user(s) name by you
or any third party. These obligations will survive
any termination of your relationship with DrGaffney.com.
Termination
DrGaffney.com may terminate this Agreement and
your access to DrGaffney.com (in whole or in part)
and related services at any time, with or without
cause, and with or without notice. Anyone determined
by DrGaffney.com to have violated these Terms
and Conditions, or any additional terms may be
barred from using DrGaffney.com, or from receiving
any products, services or benefits from DrGaffney.com.
In addition, if you violate any of these Terms
and Conditions, or Additional Terms (as applicable)
you will forfeit all in-kind credits and any other
amounts accruing to you (if any) in connection
with DrGaffney.com.
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