By Entering this site, you are Agreeing to the Following:
1. Ability to Enter Into This Agreement. By using the Site, you agree that you are of legal age or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
2. Acceptance of Terms. By using the Site, you agree to the terms of this Agreement. If you do not agree to all of these Terms, do not use the Site. We may change this Agreement from time to time and will notify you by posting the revised version on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. By continuing to use the Site after such changes are posted, you agree to acceptance of those changes.
3. Access to Member Areas. Access to and use of Member-only, password-protected areas of the Site is restricted to our Members and authorized users only. Unauthorized use of or access of such Sites is strictly prohibited. We may reject, or require that you change, any username, password, or other information that you provide to us in registering.
In accessing our Sites requiring a user ID and password, you agree that:
- We are entitled to act on instructions received under your user ID and password.
- We are not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on our part.
- You will keep your password confidential and you will notify us immediately if you believe someone else has obtained your user ID and password or any unauthorized access to the online service Site has occurred or may occur.
- We may block access to the online service without prior notice if we believe your user ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.
4. Accuracy of Information. We try to ensure that information on this Site is complete, accurate, and current. Despite our efforts, such information may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on this Site.
5. Contact Us. If you have any questions regarding this Site or Agreement, please contact us at firstname.lastname@example.org. Since e-mail communications cannot always be secure, do not include sensitive information in any such email.
6. Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Texas, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Tarrant County, Texas, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.
7. Indemnity. Except as prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.
8. Information You Submit. You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk.
9. Jurisdiction. The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
10. Limitations of Liability and Disclaimers. THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted.
11. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Notice) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.
We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
12. Our Proprietary Rights. We and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
Our trademarks and service marks include, without limitation, PamCare Network, all PamCare Network logos, current and future, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.
UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
Please review our Privacy Notice, which also governs your visit to this Site and submission of information.
14. Rate Quotes and Availability of Products
We operate and control the Site from Administrative Offices in Fort Worth, Texas. We do not in any way imply that the materials on the Site or the products we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business or that we are soliciting business in any such jurisdiction. By completing an on-line request for a rate quote, you are confirming that you are not a resident in any such jurisdiction. By providing material on the Site, we do not in any way promise that the materials will remain available to you or that you will qualify for the products we offer.
The Site is for informational purposes only. References to any of our affiliated companies' products or services are not intended to constitute offers to sell or solicitations in connection with any product or service. Some products may not be available in all jurisdictions. Anyone interested in a particular product or service should e-mail Online Customer Service, or contact the local PamCare Network branch to find out whether the service or product is available in their jurisdiction.
It is your responsibility as a prudent reader to understand and determine on your own what you need to do to make informed decisions in connection with matters discussed on the Site. The information on this Site is not offered as legal, accounting, or other professional advice, and is not tailored to your specific circumstances.
15. Rules of Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section. Failure to comply with such rules may result in termination of your access to the Site pursuant to Section 16 below. You agree that you will not:
- Create a database by systematically downloading and storing Site content.
- Disable any licensing or control features of this Site.
- Frame or mirror any part of the Site without our express prior written consent.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Merge this Site with another program or create derivative works based upon this Site or any part thereof.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
- You are aware Patent is Pending for all operations associated with the PamCare Network.
16. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights). Sections 3, 4, 6, 7, 9-12, and 16-7 shall survive any expiration or termination of this Agreement.
17. Third-Party Links. The Site may provide links to other web sites and online resources that are not maintained by us. We make no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of such third-party sites. We recommend that you read the privacy notices and user agreements of these sites you visit.
We are not responsible for such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. We are not and will not be responsible for (i) the terms and conditions of any transaction between you and any such third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, (iii) the quality of such products or the services performed by any such third party or (iv) any other legal liability arising out of or related to the performance of such services or the purchase of such products. Because we are not involved in the actual transaction between you and any such third party, in the event you have a dispute with any such third party, you release us and our affiliates, agents, and employees from any and all claims arising out of or in any way connected with such disputes. If you are a California resident, you waive the California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."