OrthoChat.com contains certain message boards that are provided as a free service to users who agree to abide by the following terms and conditions. OrthoChat.com assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material on a message board contained on this Web site. In addition, it does not endorse any opinions or recommendations posted by others. The information posted here is the responsibility of the person or persons posting the message. Any user who violates the terms and conditions listed herein may be permanently banned from posting messages herein. Further, OrthoChat.com reserves the right to change these terms and conditions at any time and for any reason. You are entirely responsible and liable for any message you post or any message that is posted through your Account. By using any interactive services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.
1. As a condition of your use of this Web site and the interactive services contained herein, you represent and warrant to OrthoChat.com that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
2. This Web site contains one or more of the following interactive services: bulletin boards, chat areas, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will NOT:
· Transmit any information, data, text, links, software, chat, communication or other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful, or racially, or otherwise objectionable.
· Impersonate any person, including but not limited to an OrthoChat.com employee.
· Harass, threaten, embarrass or cause distress or discomfort upon another individual or entity.
· Post or transmit any advertising, promotional materials, or any other forms of solicitation, including but not limited to "junk mail", "spam", "chain letters," or unsolicited mass distribution of e-mail.
· Post or transmit any third-party copyrighted information or in any way infringe on the intellectual property rights, contractual or fiduciary rights of others.
· Start a thread on a message board that has to do with a stock or stocks (any message found under such thread may be deleted without prior notice).
· Post improper messages that are not related to that particular message thread or post more than 50 messages in any six-hour time frame.
· Offer to sell any goods or services for any commercial purpose.
· Conduct or forward chain letters or pyramid schemes.
· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities.
· Violate any applicable local, state, national, or international law.
3. OrthoChat.com has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, OrthoChat.com reserves the right at all times to disclose any information deemed by OrthoChat.com necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
4. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. OrthoChat.com does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized OrthoChat.com spokespersons, and their views do not necessarily reflect those of OrthoChat.com.
5. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. OrthoChat.com may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
6. ORTHOCHAT.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL ORTHOCHAT.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF ORTHOCHAT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. ORTHOCHAT.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8. IN NO EVENT SHALL ORTHOCHAT.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED · WITH THE USE OR PERFORMANCE OF THIS WEB SITE, · WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, · WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR · FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ORTHOCHAT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
9. DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
10. OrthoChat.com reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.
11. The laws of the State of California, U.S.A., govern this agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OrthoChat.com as a result of this agreement or use of this Web site. The performance of this agreement by OrthoChat.com is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
12. This agreement constitutes the entire agreement between the user and OrthoChat.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. 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. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
13. You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through the use of the message boards on this Web site is done at your own discretion and risk that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material, and/or data. OrthoChat.com it's officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from the use of the message boards contained on it's Web site, or for any decision made or action taken by you in reliance on content contained in its message boards. OrthoChat.com, its officers, directors, owners, agents, and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or inability to use the service.
Termination OrthoChat.com reserves the right to terminate your Account at any time or for any reason, with or without notice. Once your Account is terminated, you agree not to post on the message boards, or to assist or cause another person to post messages on your behalf.