Road Star
Clinic Terms of Service
1. ACCEPTANCE OF TERMS
Welcome
to the Road Star Clinic (roadstarclinic.com). You are subject to the following
Terms of Service (TOS), which may be updated from time to time without notice
to you. You can review the most current version of this document at any time,
from the “Terms of Service” link located at the bottom of our home page. When using Road Star Clinic (roadstarclinic.com)
owned or operated services, you and Road Star Clinic (roadstarclinic.com) shall
be subject to any posted guidelines or rules applicable to services, which may
be posted periodically. All guidelines or rules (including but not limited to
our Spam Policy ( available from the “Spam Policy” link located at the bottom
of our home page ) are hereby incorporated by reference into the TOS. Road Star
Clinic (roadstarclinic.com) may also offer other services that are governed by
different Terms of Service.
2. YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of Road Star Clinic (roadstarclinic.com), you
represent that you are of a legal age to form a binding contract and are not a
person barred from receiving services under the laws of the
3. DESCRIPTION OF SERVICE
Road
Star Clinic (roadstarclinic.com) provides users with access to a vast collection
of resources, including communications tools, forums, shopping services,
donated technical articles, and related links which may be accessed through
various mediums or devices now known or hereafter developed (the
"Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for Road
Star Clinic (roadstarclinic.com) to provide the Service. You also understand
and agree that the Service may include certain communications from Road Star
Clinic (roadstarclinic.com), such as service announcements, administrative
messages and the Road Star Clinic Newsletter, and that these communications are
considered part of Road Star Clinic (roadstarclinic.com) membership. Unless
explicitly stated otherwise, any new features that enhance the current Service
shall be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that Road Star Clinic (roadstarclinic.com)
assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
4. PRIVACY POLICY
Registration
Data and certain other information about you are subject to our Privacy Policy.
For more information, see our full privacy policy by following the “Privacy
Policy” link located on our home page
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You
will receive a password and account name upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to:
Immediately
notify Road Star Clinic (roadstarclinic.com) of any unauthorized use of your
password or account or any other breach of security, and ensure that you exit
from your account at the end of each session (by logging out, if you are logged
in at the time you choose to leave). Road Star Clinic (roadstarclinic.com)
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You
agree that all information, data, text, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not Road Star Clinic (roadstarclinic.com),
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Road Star Clinic (roadstarclinic.com)
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you could be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Road Star Clinic (roadstarclinic.com)
be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You
agree to not use the Service to:
(a)
Upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable.
(b)
Harm minors in any way.
(c)
Impersonate any person or entity, including, but not
limited to, a Road Star Clinic (roadstarclinic.com) administrator, forum
moderator, host, or falsely state or otherwise misrepresent your affiliation
with a person or entity.
(d)
Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the Service.
(e)
Upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
(f)
Upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party.
(g)
Upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose (please
read our complete Spam Policy at www.roadstarclinic.com/spam
.
(h)
Upload, post, email, transmit or otherwise make
available any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
(i)
Interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(j)
Intentionally or unintentionally violate any
applicable local, state, national or international law, and any regulations
having the force of law;
(k)
Harass another user of the service
(l)
Collect or store personal data about other users.
You acknowledge that Road Star
Clinic (roadstarclinic.com) may or may not pre-screen Content, but that Road
Star Clinic (roadstarclinic.com) and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, delete, or
move any Content that is available via the Service. Without limiting the
foregoing, Road Star Clinic (roadstarclinic.com) and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by Road Star Clinic (roadstarclinic.com) or submitted to Road Star Clinic (roadstarclinic.com),
including without limitation information in Road Star Clinic (roadstarclinic.com)
Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree
that Road Star Clinic (roadstarclinic.com) may access, preserve, and disclose
your account information and Content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: Comply with legal process;
enforce the TOS; respond to claims that any Content violates the rights of
third-parties; respond to your requests for customer service; or protect the
rights, property, or personal safety of Road Star Clinic (roadstarclinic.com)
its users and the public.
You understand that the technical
processing and transmission of the Service, including your Content, may involve
transmissions over various networks; and changes to conform and adapt to
technical requirements of connecting networks or devices.
You understand that the Service
and software embodied within Road Star Clinic (roadstarclinic.com) may include
security components that permit digital materials to be protected, and use of
these materials is subject to usage rules set by and/or content providers who
provide content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Road Star Clinic (roadstarclinic.com)
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant Road Star
Clinic (roadstarclinic.com) the following worldwide, royalty free and
non-exclusive license(s), as applicable:
(a)
With respect to Content you submit or make available
for inclusion on publicly accessible areas of Road Star Clinic (roadstarclinic.com),
the license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes of
providing and promoting the specific Road Star Clinic (roadstarclinic.com) to
which such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the Service and
will terminate at the time you remove or Road Star Clinic (roadstarclinic.com)
removes such Content from the Service.
(b)
With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible area of the
Service, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Road Star Clinic (roadstarclinic.com)
removes such Content from the Service.
(c)
With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable and fully sub
licensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly accessible"
areas of the Service are those areas of the Road Star Clinic (roadstarclinic.com)
that are intended by Road Star Clinic (roadstarclinic.com) to be available to
the general public. By way of example, publicly accessible areas of the Service
would include Message Boards, Technical articles and Classified
portions of Road Star Clinic (roadstarclinic.com) that are open to both members
and visitors.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the
9. INDEMNITY
You agree to indemnify and hold Road
Star Clinic (roadstarclinic.com) and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion of the Service (including your Road Star Clinic (roadstarclinic.com) I.D.), use of the
Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
Road Star Clinic (roadstarclinic.com)
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Road Star Clinic (roadstarclinic.com) shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Road Star
Clinic (roadstarclinic.com) may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Road Star Clinic (roadstarclinic.com)
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that Road Star Clinic (roadstarclinic.com) has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service. You
acknowledge that Road Star Clinic (roadstarclinic.com) reserves the right to
log off accounts that are inactive for an extended period of time. You further
acknowledge that Road Star Clinic (roadstarclinic.com) reserves the right to
modify these general practices and limits from time to time.
13. TERMINATION
You agree that Road Star Clinic (roadstarclinic.com)
may, under certain circumstances and without prior notice, immediately
terminate your Road Star Clinic (roadstarclinic.com) account, any associated
email address, and access to the Service. Cause for such termination shall
include, but not be limited to: breaches or violations of the TOS or other
incorporated agreements or guidelines; requests by law enforcement or other
government agencies; a request by you (self-initiated account deletions);
discontinuance or material modification to the Service (or any part thereof);
unexpected technical or security issues or problems; extended periods of
inactivity.
Termination of your Road Star
Clinic (roadstarclinic.com) account includes: removal of access to all
offerings within the Service including but not limited to mail, domains,
classifieds, message boards; deletion of your password and all related
information, files and content associated with or inside
your account (or any part thereof); and barring further use of the Service.
Further, you agree that all terminations for cause shall be made in Road Star
Clinic (roadstarclinic.com) sole discretion and that Road Star Clinic (roadstarclinic.com)
shall not be liable to you or any third-party for any termination of your
account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Road Star
Clinic (roadstarclinic.com)
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because Road
Star Clinic (roadstarclinic.com) has no control over such sites and resources,
you acknowledge and agree that Road Star Clinic (roadstarclinic.com) is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Road Star Clinic (roadstarclinic.com) shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such site or resource.
16. PROPRIETARY RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
copyrights, trademarks, service marks, patents or other proprietary rights and
laws protect information presented to you through the Service or advertisers.
Except as expressly authorized by Road Star Clinic (roadstarclinic.com) or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT Road Star Clinic (roadstarclinic.com)
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Road Star Clinic (roadstarclinic.com)
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join
any service, receive or request any messages, or other information from the
Service concerning items for sale, please read the above Sections 17 and 18
again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the buyer beware" is apt. The Service
is provided for informational purposes only. Road Star Clinic (roadstarclinic.com) and its licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be responsible or
liable for any trading or investment decisions made based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as
otherwise expressly provided in this TOS, there shall be no third party
beneficiaries to this Agreement.
22. NOTICE
Road Star Clinic (roadstarclinic.com)
may provide you with notices, including those regarding changes to the TOS, by
email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
Road Star Clinic (roadstarclinic.com)
are trademarks and without Road Star Clinic (roadstarclinic.com)
prior permission, you agree not to display or use in any manner, the Road Star
Clinic (roadstarclinic.com) Marks.
24. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Road Star Clinic (roadstarclinic.com)
respects the intellectual property of others, and we ask our users to do the
same. Road Star Clinic (roadstarclinic.com) may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users who may
be repeat infringers.
If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide Road
Star Clinic (roadstarclinic.com) the following information:
(a)
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
(b)
A description of the copyrighted work or other
intellectual property that you claim has been infringed;
(c)
A description of where the material that you claim is
infringing is located on the site;
(d)
Your address, telephone number, and email address;
(e)
A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law;
(f)
A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
Road Star Clinic (roadstarclinic.com)
claims of copyright or other intellectual property infringement can be reached sent
to us via the “Contact Us” menu option on our home page.
25. GENERAL INFORMATION
Entire Agreement: The TOS
constitute the entire agreement between you and Road Star Clinic (roadstarclinic.com)
and govern your use of the Service, supercedes any prior agreements between you
and Road Star
Clinic (roadstarclinic.com). You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other Road Star
Clinic (roadstarclinic.com) services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum: The TOS
and the relationship between you and Road Star Clinic (roadstarclinic.com)
shall be governed by the laws of the State of
Waiver and Severability of Terms:
The failure of Road Star Clinic (roadstarclinic.com) to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and
Non-Transferability: You agree that your Road Star Clinic (roadstarclinic.com)
account is non-transferable and any rights to your Road Star Clinic (roadstarclinic.com)
I.D. or contents within your account terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations: You agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are
for convenience only and have no legal or contractual effect.
26. VIOLATIONS
Please report any violations of
the TOS to our staff via the “Contact Us” option located on our home page.