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Terms Of Use
This policy is issued by MrPLC.com ("We", "Us" or "Our"). It governs Your use of the MrPLC.com Web Site, including, without limitation, all content such as text, information, usages, and audio (collectively, "Content") and all Services ("Services") made available to You through this Site (this Site and the Content and Services are collectively referred to herein as the "Site") by MrPLC.com and/or third parties. We reserve the right to make changes to these policies at any time without advance notice. We agree to post all amended forms of these policies on this Site and such amended policies shall be effective immediately upon posting on this Site.
1. Copyright
The term "MrPLC.com" is part of the corporate name, Elston Systems, Inc., a US corporation incorporated under the laws of the United States of America with its registered office in Huntington, Indiana. The term "MrPLC.com" and "MRPLC.COM" is owned by Elston Systems, Inc. and is protected under the copyright laws of the Unites States of America and other jurisdictions. Any use of the term without the prior written consent of Elston Systems, Inc, is strictly prohibited. The use of this Site does not, in itself, constitute any consent to the use of the term.
2. Ownership and Limitations on Use
The Content of this Site including all software, text, displays, images and audio are proprietary to MrPLC.com or its Content Providers and are protected by Copyright laws of the United States and other countries. The compilation of all materials on this Site is the exclusive property of MrPLC.com and protected by the copyright laws of the United States and other countries. Any reproduction, distribution public performance, or public display of these materials, in whole or in part, is prohibited without the express prior written permission of MrPLC.com or as expressly permitted in the Terms of Use
3. Names and Logos
MrPLC.com, and the associated logo and other marks clearly identified in the MrPLC.com Web Site as MrPLC.com's are the property of MrPLC.com. You may not use MrPLC.com marks without MrPLC.com's prior written consent. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
4. Your Use of Content
Content consists of copyrighted work proprietary to Us or to third parties who have provided Us with Content ("Content Providers") You may download and print a single copy of the Content solely for Your own use in connection with Your internal non-commercial use. Any Content You download or print may not be altered in any way and must contain all copyright proprietary rights notices that were contained in such Content. Any unauthorized or unapproved use of any of content constitutes copyright infringement and subjects You to all civil and criminal penalties provided for under domestic and international copyright laws and treaties.
5. Intellectual Property Ownership
You agree that we (or Our Content Providers) own all worldwide rights, titles and interests in and to this Site. You may create a bookmark in Your browser to the home page of this Site. You may note otherwise create a link to this Site without Our prior written approval. All rights not expressly granted in this Policy are reserved to us. No other rights or licenses, whether express, implied, arising by estoppels, or otherwise are conveyed or intended by this Policy. To facilitate Your access to and use of this Site or portions thereof, we may make certain software available to You. The terms of Your use of such software will be stated separately in a license policy that will be included with the software. You agree to only use such software in a manner permitted pursuant to such license agreements
6. Content Disclaimer
You acknowledge that the opinions and views expressed by members of MrPLC.com do not reflect those of MrPLC.com. All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not MrPLC.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via MrPLC.com. We do not guarantee the accuracy, integrity or quality of such Content. You understand that by using MrPLC.com, you may be exposed to Content that is offensive, indecent or objectionable.
MrPLC.com shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Us or submitted to Us, including without limitation information in MrPLC.com Message Boards, MrPLC.com e-mails, and in all other parts of MrPLC.com.
You understand that you agree to not use Us to upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including but not limited to information you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and distributing Content that consists of hyperlinks to sites that contain content not allowed on MrPLC.com.
7. Interactive Areas
You may be permitted to access and use chat rooms, discussion forum, mail hosts, and other forms of group electronic communications through this Site ("Interactive Areas"). If You participate in Interactive Areas, You are responsible for Your own communications and the consequences of posting Your communications. If You choose to post material using such Interactive Areas, You agree to do so solely for lawful purposes.
You expressly agree that You will not post any material that:
- is defamatory, libelous, abusive, derogatory, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law;
- is contrary to the provisions of any human rights or civil rights of any jurisdiction in the United States of America;
- is contrary to any provisions of the criminal law of the United States of America or any state thereof;
- is contrary to any law or regulation of any jurisdiction in the United States of America for the use of telephone services;
- infringes on the copyright or my other proprietary right of a third-party;
- would invade the privacy of any other person;
- is intended to advertise to or solicit others without Our prior written consent;
- constitutes charity solicitations, chain letters or pyramid schemes;
- constitutes "spamming" or mailing or other mass distribution laws of the United States of America;
- contains a virus, worm, trojan horse, time bomb, or any other harmful program or component;
- or does not generally pertain to the designated topic or theme of this Site.
You also expressly agree that You will not:
- after receiving warning, continue to post material which we have advised You not to post;
- create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message
- post generate or disseminate so-called "spam" or mass-mailings;
- harvest or otherwise collect information about others, including email addresses, without their prior written consent;
- interfere with or disrupt networks connected to this Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks);
- attempt to gain unauthorized access to restricted areas of this Site, other accounts, computer systems or networks connected to this Site, through pass word mining or any other means;
- or interfere with another of Our user's use and enjoyment of this Site.
8. No Responsibility to Monitor Material
MrPLC.com is not and will not be responsible for, screening or monitoring material posted by You or any other person or entity in Interactive Areas. If notified by one of Our users of any material that is alleged not to conform to the terms of this Policy, we may Investigate the allegation and determine in Our sole discretion to remove or request the removal of the material. We reserve the right to remove material, which is abusive, illegal, derogatory, disruptive, or that otherwise fails to conform to this Policy. We reserve the right to edit or delete any material posted on this Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to You or any other person or entity for performance or nonperformance of the screening activities set forth above.
Rules for comment removable from the Automation Links Interactive areas are:
In certain situations, outlined below, MrPLC.com will remove postings by third parties ("posters" or "users"), including:
- MrPLC.com is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;
- MrPLC.com is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;
- MrPLC.com is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;
- The posting contains vulgar, profane, or obscene language;
- The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;
- The posting does not relate to a valid commercial transaction and is not the type of posting for which the Web site is intended, namely rating the suppliers of products or services;
- The posting contains personal identifying information about another user of this Web site;
- The posting was posted by a user who submitted falser contact information during the registration process and MrPLC.com is unable to contact the poster/user; and
- Multiple copies of the same posting; or
- The posting references a commercial transaction that did not occur.
If you believe that a user has posted material which meets one of the above conditions, please contact MrPLC.com using the Contact Us link provided at the top of the page.
9. No Representations, Warranties or Guarantees
e further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in the Interactive Areas. You acknowledge that any reliance on content posted in interactive areas is at Your own risk.
10. License to Us
You hereby grant to MrPLC.com a non-exclusive, worldwide, royalty-free, perpetual license any materials and other information You submit to the Interactive Areas by any means and any media now known or hereafter developed for any use or purpose. This includes the right of MrPLC.com to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform.
11. Advertisements and Links
This Site contains advertisements placed by or on behalf of third parties. These advertisements may contain links to other web sites. For Your convenience, we provide links on This Site to third-party web sites. These third-party web sites are not under Our control and we are not responsible for such third -party web sites. Unless expressly stated by us, we do not recommend or endorse particular products, services or web sites of any third parties or make any determination wether any product, service, or web site may be either necessary or appropriate for You or for the use in rendering care to Your patients.
12. Access and Use Outside the United States of America :
MrPLC.com makes no claim that this Site is appropriate for access or use outside the United States. Your access and/or use of This Site outside the United States is entirely at Your own risk, and You are responsible for compliance with the laws of Your jurisdiction.
13. Consents
Any consent expressly provided for, required pursuant to or contemplated by this Policy may only be given by an authorized officer of Elston Systems, Inc. No consent shall be given unless and until (a) the full name and address of the person seeking the consent is provided to Us, (b) a detailed, complete, accurate and up-to-date explanation is provided to an authorized office of Elston Systems, Inc. and (c) a determination has been made that the giving of such consent will not contravene this Policy. Elston Systems, Inc. reserves the right to deny any consent in its sole discretion and without explanation of any kind.
14. General Disclaimers
This Site is provided to You on an "as is, with all faults" basis. Your use of this Site is at Your own risk. We make no warranties of any kind, either express or implied, including, without limitation, any statutory warranties which may be provided for by any state or local statutes in The US, any implied warranties of merchantability, fitness for a particular purpose title, or non-infringement, or warrantees arising by course of pealing or custom of trade.
We make no representation or warranty that any Content is accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that Your access to and use of this Site will be uninterrupted or error-free, is free of viruses, worms, unauthorized code, or other harmful components. You are responsible for taking all precautions You believe necessary or advisable to protect You against any claim, damage, loss or hazard that may arise by virtue of Your use of this Site. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to You. You may have other rights from jurisdiction to jurisdiction
15. Exclusion of Damages
Under no circumstances whatsoever will We be responsible or liable to You or any other person or entity for any direct, compensatory, indirect, incidental, consequential (including lost profits and lost business opportunities), special, exemplary, punitive damages or fines or penalties incurred by You as a result of, or related in any manner whatsoever to Your use of this Site, or reliance on the content or errors, inaccuracies, omissions, defects, untimeliness, security breaches, or any other failure to perform by Us or Our content providers. The foregoing exclusion shall apply regardless of whether We have been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to You. You may have other rights from jurisdiction to jurisdiction.
16. Limitation of Our Liability
If, notwithstanding the other terms of this Policy, We should have any liability to You or any third party for any loss, harm or damage, You and We agree that such liability shall under no circumstances exceed the sum of One US Dollar. You and We agree that the foregoing limitation of liability is an agreed allocation of risk between You and Us.
17. Indemnity
You agree to defend, indemnify and hold Us harmless against any losses, expenses, costs or damages (including Our reasonable lawyer's fees (on a solicitor and his own client basis, the intent being that We shall not be out of pocket for any such expenses), expert fees and other reasonable costs of litigation arising from, incurred as a result of, or in any manner related to Your breach of the terms of this Policy, Your unauthorized or unlawful use of this Site or the unauthorized or unlawful use of this Site by any other person using Your UserID.
18. No Other Policy
This Policy contains the entire policy between You and Us relating to the subject matter hereof, and supersedes any other oral or written communications, understandings, policy or contracts relating thereto.
19. Amendment of this Policy
This Policy may not be amended, altered, modified or supplemented by any purchase order or similar form originated by You relating to the subject matter hereof or statements of any of Our employees. We reserve the right to make changes to this Policy at any time without advance notice. We agree to post all amended forms of this Policy on this Site and such amended forms shall be effective immediately upon its posting. Such amended forms shall be deemed to have been physically signed by You by Your signature on this Policy regardless of the method of delivery of the signed copy of this Policy to Us. It is at all times Your responsibility to read the most current form of this Policy before using this Site to ensure that You agree to the terms and conditions of any amendments made to this Policy. You agree that these standards for notice of amendments to this Policy are reasonable.
20. Termination
Your right to access and use this Site immediately terminates without further notice upon Your breach of this Policy. We may terminate this Policy and/or Your right to use this Site at any rime, with or without cause. Any provision of this Policy dealing with any limitations to or exclusions from liability in Our favor stated in this Policy shall survive any expiration or termination of this Policy for any reason whatsoever. We reserve the right to discontinue or make changes to this Site at any time.
21. Waiver
The waiver by Us of a breach of any provision of this policy shall not operate or be construed as a general waiver of any other or a subsequent breach of the same or a different kind. Severance If any provision of this policy is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this policy shall remain in full force and effect.
22. Governing Law
This policy is governed by the laws of the United States, as may be applicable, without giving effect to any principles of conflict of law.