Terms and Conditions for Use for Oilofpisces.com
Medical Resource Group
Terms and Conditions of Usage
1. Purpose. Medical Resource Group, LLC (MRG or we) is the owner of oilofpisces.com (website or Site) and has created this Terms and Conditions of Usage (Agreement) statement to notify users about MRG’s rules and procedures when accessing and using the Site.
2. Users are Bound by this Agreement. Users that access the Site agree to be bound by this Terms and Conditions of Usage (Agreement) and by MRG’s Privacy Notice which is incorporated by reference. Users that do not wish to be bound by this Agreement, may not access or use the Site. If you do not agree to any of these terms, then please do not use this Site.
3. Parental Guidance is Required. Children are not eligible to use this Site, and we ask that minors (under the age of 18) do not submit any personal information on this Site. Please see our Privacy Statement for more details.
4. Reserved Rights. We reserve the right to revise this Agreement at any time and at our discretion. Changes to this Agreement will become effective upon posting it to the Site. Users are responsible for checking this Agreement periodically to monitor any changes to our Terms and Conditions of Usage practices. Continued access or use of this Site shall be deemed as conclusive acceptance of any modified agreement.
5. Copyright Trademark. This Site and of all of MRG’s contents, including but not limited to, articles, text, images, trademarks, layout, designs, graphics, illustrations, logos, process or processes, photographs, product names, affiliations, forms, brands (collectively, “the Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as, the international conventions, treaties and the laws of other countries. The Intellectual Property is owned by Site or the party credited as the provider or the owner of the Intellectual Property. The compilation, i.e., collection, arrangement or assembly, of ALL content on the Site is the sole and exclusive property of MRG and protected by United States and International copyright laws, in addition to other Intellectual Property law conventions and treaties. All software used on Site is the sole property of MRG and is protected by the same U.S. and International copyright laws, conventions, and treaties. The collective work includes works that are licensed to MRG. Copyright 2006. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to MRG, or other respective owners that have granted MRG the right and license to use such Marks.
6. Limitation on Usage. All materials viewed, copied, downloaded, modified, printed or otherwise used by the user is subject to the following terms and conditions:-MRG allows RSS feed usage or linking. However, users have no permission to take, use, modify, or alter such information in a way which will violate copyright, trademark, or any other property rights of the owner of such property.-Only a limited license is granted to the user as to any material downloaded, copied, modified, printed or otherwise used by the user for personal and NOT commercial use or any other non-personal use;-Any modifications the user may make pursuant to the limited license granted herein, to any material(s) are also to be limited to the users personal use and needs relating thereto and the modified product is not to be distributed for commercial purposes nor posted on any other website;-Any proprietary, copyright, or trademark notice shall be kept intact, and no modification(s) is or are permitted in any form whatsoever, and all copyright or other proprietary notices must appear in all copies used by the user.
MRG does not want any user to transmit any unlawful, copyrighted, trademarked, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any laws. Further, users agrees not to use any facilities or resources available on or through Site to perpetrate prohibited, illegal, or abusive conduct, whether against MRG, its affiliates, its owners or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, pornography, or other communication that creates a nuisance or is otherwise offensive to the recipient. MRG, if a determination is required, reserves the right to be the sole arbiters of what may be deemed, profane, pornographic, and abusive or a nuisance, and the user is obligated to follow such a decision, if ever made by the owners, without objection.
7. Notices and Procedures for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent listed below. MRG respects the intellectual property of others, and we ask our users and visitors to do the same. MRG will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, MRG will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MRG the following information:
- (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- (b) description of the copyrighted work 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 and all other information reasonably sufficient to permit MRG to contact you;
- (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 owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
3525 Rochester Road
Troy, MI 48083
By fax: (248) 524-1702
(Please include “Notice of Infringement” in the subject line.)
8. Typographical Errors. In the event an MRG product or service is listed incorrectly due to typographical error, MRG shall have the right to refuse or cancel any service listed at the incorrectly.
9. Information is Provided As-Is. ALL OF THE CONTENTS, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MRG DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHICH ARE OR MAY BECOME APPLICABLE. ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN AS-IS BASIS AND USED AT THE DISCRETION OF THE USER. Nothing contained in THIS site is intended to be instructional for medical diagnosis or treatment. Information on this site should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a medical visit, consultation or the advice of your physician or other qualified health care provider. Information obtained on this Site is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on this Site.
10. User Provided Information. MRG does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. Users acknowledge that MRG provides you with the ability to view and distribute user generated content on the Site, MRG is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, MRG reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to MRG at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by MRG in accordance with MRG’s Privacy Statement.
11. Users must provide Accurate Information. If you choose to become a user or registrant of any or part of the Site, you agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MRG has reason to believe such information is untrue, inaccurate, not current or incomplete, MRG has the right to suspend or terminate your account or use and refuse the user any or all current and future use of any of portion of the Site, or the services of MRG. By accepting this Agreement, the user expressly consents to our use of her/his/its personal information as explained in our Privacy Statement, which is incorporated herein by reference.
12. Third Party Links. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with MRG, MRG has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MRG. MRG has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that MRG sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, MRG seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
13. Warranty Disclaimer. USERS AGREE THAT THEIR USAGE OF THIS SITE SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MRG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE USE THEREOF. MRG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 SITE. MRG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MRG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Limitation on Liability. IN NO EVENT SHALL MRG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MRG HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Arbitration. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement or the use of the website will be resolved through mandatory binding arbitration conducted in Texas pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”). The terms set forth in this Agreement will control in the event of any inconsistency between such the rules of arbitration and this agreement. The parties will cooperate with each other in promptly selecting a panel of three arbitrators. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with the provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
16. This Agreement is Admissible in a Judicial Proceeding. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings 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.
17. MRG is an Equal Opportunity Employer. MRG reserves the right to post information about employment opportunities with the company on any part of the Site. MRG is an equal opportunity employer, employing people without consideration to race, sex, religion, nationality, age or disability. We do not discriminate in any manner.
18. Termination of this Agreement. In addition and without prejudice to any other legal or equitable remedies available to MRG, MRG may terminate this Agreement at any time and for any reason whatsoever, without notice. The user may terminate this Agreement by closing her/his/its account or cease use of the Site, and paying any and all outstanding balances owed by the user to MRG under an account or account stated.
19. Severability. If any provision in this Agreement is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this Agreement.
20. Entire Agreement. This Agreement constitutes the entire agreement among the parties hereto and contains all of the agreements among said parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements, either oral or written, between said parties with respect to the subject matter hereof.
Last Updated 11-12-12