AGREEMENT OF USE OF MELBOURNESURGERY.COM WEBSITE
USE OF THIS MELBOURNESURGERY.COM WEBSITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THEREIN) (COLLECTIVELY, "WEBSITE") AND THE SERVICES OFFERED BY MELBOURNESURGERY.COM, INC., ("MELBOURNESURGERY.COM"), HEREUNDER IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ("AGREEMENT"). BY USING THE WEBSITE IN ANY MANNER. YOU: (1) REPRESENT THAT YOU HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS AGREEMENT; AND (2) AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
MelbourneSurgery.com may change the terms and conditions of this Agreement at any time. By using the Website after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Use of this Website
Subject to the terms of this Agreement, MelbourneSurgery.com grants you a permission to use the Website but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Website and its content to service, or otherwise perform work on behalf of any other party.
You may download or print hard copies of this Website, or portions thereof, but again, only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice:
"Copyright © 2007 MelbourneSurgery.com. All rights reserved."
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Website or any portion thereof without MelbourneSurgery.com's prior written consent.
MelbourneSurgery.com has the right, at any time without notice, to: (i) revoke or limit your license to use the Website and to restrict or prevent your access to it (or any portion of it); or (ii) change or discontinue providing the Website (or any portion thereof). MelbourneSurgery.com has no obligation to update the Website or to correct any errors or omissions that might be contained in it.
Ownership and Copyright
You acknowledge and agree that this Website and the information contained in it are owned by MelbourneSurgery.com and/or its third party content providers ("Content Providers") are protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Website contains confidential and proprietary data and information of MelbourneSurgery.com and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement.
MelbourneSurgery.com its logo are registered marks of MelbourneSurgery.com. You will not use or allow any third party to use any of MelbourneSurgery.com's marks, including but not limited to the foregoing, without MelbourneSurgery.com's prior express written consent. All marks not owned by MelbourneSurgery.com are the property of their respective owners.
MelbourneSurgery.com may require you to become an Associate Member or pay certain fees, and/or comply with certain other terms and conditions before you are allowed to access or use certain portions of the Website. In all such cases, this Agreement shall continue to govern your use of the Website.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS. MELBOURNESURGERY.COM AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER MELBOURNESURGERY.COM NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE. NEITHER MELBOURNESURGERY.COM NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEBSITE OR THE INFORMATION CONTAINED THEREIN.
Limitation of Liability
NEITHER MELBOURNESURGERY.COM NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM MELBOURNESURGERY.COM MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE USE OF, OR RELIANCE ON, THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY MELBOURNESURGERY.COM OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.
NEITHER MELBOURNESURGERY.COM NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF MELBOURNESURGERY.COM OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless MelbourneSurgery.com, its Associate Members and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys' fees), and/or damages of any kind arising from or relating to: (i) your use of the Website; (ii) your breach of this Agreement; or (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Website or the Forums (as defined below).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY MELBOURNESURGERY.COM (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
Third-Party Websites, Links, and Information
This Website may contain information, products, and services provided by third parties and links (including advertisements) to Websites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Website. MelbourneSurgery.com does not control this information or these products, services, or Websites, and MelbourneSurgery.com does not make any representations or warranties, express or implied, regarding this information or these products, services, or Websites. Inclusion of any of the foregoing in this Website does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with MelbourneSurgery.com with respect to any third party, any third party's Website or its content, or any information, products, or services provided by a third party.
This Agreement shall constitute the entire agreement between you and MelbourneSurgery.com regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.