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2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being
supplied by GlobalRPH, GlobalRPH does not operate, control or
endorse any information, products or services on the Internet in
any way. Except for GlobalRPH- identified information, products or
services, all information, products and services offered through
the Site or on the Internet generally are offered by third
parties, that are not affiliated with GlobalRPH a. You also
understand that GlobalRPH cannot and does not guarantee or warrant
that files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. GlobalRPH PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND GlobalRPH SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. GlobalRPH DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. GlobalRPH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL GlobalRPH BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF GlobalRPH OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
GlobalRPH LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
GlobalRPH makes no representations whatsoever about any other web
site which you may access through this one or which may link to
this Site. When you access a non-GlobalRPH web site, please
understand that it is independent from GlobalRPH, and that
GlobalRPH has no control over the content on that web site. In
addition, a link to a GlobalRPH web site does not mean that
GlobalRPH endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless GlobalRPH, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use
of the Service), and 3 (Indemnification) are for the benefit of
GlobalRPH and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in The United
States of America. You agree that any legal action or proceeding between
GlobalRPH and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United States of
America . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred. GlobalRPH's
failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. GlobalRPH
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly
granted herein are reserved.
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