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1.
Changes
We may change the terms of this Agreement at any time.
The current version of Terms and Conditions will be posted
herein.
2. Privacy
Subscriber and Visitor privacy is in accordance with The
OrthoConnection™ ("OC") Privacy Policy.
3. Copyright/Use
Copyright and Use of The OrthoConnection™ ("OC")
Service is in accordance with the OC Copyright and Use
Agreement.
4. Warranties/Limitations
A) Due to the number of sources from which information
on the OC Service is obtained, and the inherent hazards
of electronic distribution and the Internet, there may
be delays, omissions, or inaccuracies in obtaining or
accessing such information and the OC Service. B) THE
OC SERVICE IS PROVIDED ON AN "AS-IS", "AS
AVAILABLE" BASIS. XL EXEC, INC., AND ITS AFFILIATES,
AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION
AVAILABLE THROUGH THE OC SERVICE, OR THE OC SERVICE ITSELF.
NEITHER XL EXEC, INC., NOR ANY OF ITS AFFILIATES, AGENTS,
OR LICENSORS SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE
ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART
BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL
IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING
THE OC SERVICE AND ANY NEWS AND INFORMATION THROUGH THE
OC SERVICE. IN NO EVENT WILL XL EXEC, INC., ITS AFFILIATES,
AGENTS, OR LICENSORS BE LIABLE TO THE SUBSCRIBER OR ANYONE
ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER
IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL,
SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITY
OF XL EXEC, INC., ITS AFFILIATES, AGENTS, AND LICENSORS,
IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER
IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY
CONNECTED WITH THE OC SERVICE OR THE INFORMATION IN THE
OC SERVICE, SHALL NOT EXCEED THE AMOUNT THE SUBSCRIBER
PAID TO XL EXEC, INC. FOR USE OF THE OC SERVICE.
5. Payments and Renewals
Subscriptions require payment in full by credit card and
are based on an annual subscription fees (including applicable
taxes) set forth on the site. If you request to be billed,
we will send you an invoice. Activation of your account
will begin when your credit card is charged or when payment
is received (if invoiced). Your subscription will be renewed
automatically and your credit card will be charged (or
you will be invoiced) on an annual recurring basis at
the then-current rates (including applicable taxes) as
set forth on the site.
6. Cancellations and Refunds
Subscription fees are non-refundable after 48 hours of
activation or renewal. Unused months or partial months
will not be refunded. You must cancel your subscription
before your annual renewal date in order to avoid automatic
billing of subscription fees for the renewal term (see
Renewals, section 5). Subscription cancellations must
be sent in writing to cancel@theorthoconnection.com.
7. General
This Agreement contains the final and entire agreement
between us and supersedes other verbal or written negotiations,
understandings or agreements. Your rights and obligations
of this Agreement are not assignable. If any provision
of this Agreement is invalid under applicable law, the
remaining provisions will continue in full force and effect.
This Agreement, all intellectual property issues, and
your rights and obligations shall be governed by the laws
of the United States of America and the State of Texas.
Revision - September 2004
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