By using the PC Paramedic ("PCP") Web Site, you hereby agree to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). WebPortal Design Works, Inc. reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of the PCP Web Site after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.
1. LIMITATIONS ON USE
Copyright and Restrictions. All information displayed, transmitted or carried on the PCP Web Site (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the "Content") is protected by copyright and other intellectual property laws. The Content is owned by the WebPortal Design Works, Inc., its affiliates or third party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the PCP Web Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.
Permitted Use. You may make a single copy of the Content displayed on the PCP Web Site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from the WebPortal Design Works, Inc. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from WebPortal Design Works, Inc. You may submit requests for permission to retain, distribute or reproduce to the WebPortal Design Works, Inc. Syndicate Permissions Desk AT 555 Bryant St. No. 124, Palo Alto, CA 94301
Changes in PCP Web Site. WebPortal Design Works, Inc. may modify, suspend, discontinue or restrict the use of any portion of the PCP Web Site, including the availability of any Content feature, at any time and without notice or liability.
2. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
The PCP Web Site contains facts, views, opinions, statements and recommendations of third party individuals and organizations. WebPortal Design Works, Inc. does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement, schedule or other information displayed, uploaded or distributed through the PCP Web Site. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
WebPortal Design Works, Inc. makes no warranty regarding the PCP Web Site or any content, services or products provided through or in connection with the PCP Web Site. WebPortal Design Works, Inc. expressly disclaims any and all warranties, express or implied, including, without limitation: (a) any warranties as to the availability, accuracy, completeness or content of information, products or services which are part of the PCP web site; and (b) warranties of fitness for a particular purpose, or merchantability or against infringement. In no event will WebPortal Design Works, Inc., its affidres, licensors, employees, agents or contractors be liable to you for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the PCP Web Site, its public posting bulletin boards, chat rooms, its content or any errors or omissions in its content, even if advised of the possiblity of such damages.
Any liability of WebPortal Design Works, Inc., its affiliates, licensors, employees, agents or contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid to the WebPortal Design Works, Inc. by or on behalf of you in connection with the PCP web site in the 12 months prior to the claimed injury or damage.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the County of Santa Clara, State of California within one year after the cause of action, otherwise the cause shall be barred.
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