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Terms of Use
Welcome to
www.oneappagency.com (the "Site"). By using the Web pages hosted by Sy.Med
Development, Inc. (“Sy.Med”), you agree to the following terms and conditions.
Service
Sy.Med reserves
the right to modify or discontinue, all or any part of this Site with or without
notice, and to establish general guidelines and limitations on their use. You
may obtain access to other sites on the Internet through these pages. By
providing this service, Sy.Med does not take any responsibility or liability for
information or publications of third parties on the Internet, even if you access
them through these pages.
Trademarks and
Copyrights
This Site and
all materials incorporated by Sy.Med on this Site ("Material") are protected by
copyrights, patents, trade secrets or other proprietary rights ("Copyrights").
Some of the characters, logos or other images incorporated by Sy.Med on this
Site are also protected as registered or unregistered trademarks, trade names
and/or service marks owned by Sy.Med or others ("Trademarks"). Sy.Med respects
the intellectual property rights of others and asks users of this Site to do the
same.
Your Use of
Content
Your right to
use this Site and any Material or other content appearing on it is subject to
your compliance with these Terms of Use. Modification or use of the Material or
any other content on this Site for any purpose not permitted by these Terms of
Use may be a prohibited violation of the Copyrights or Trademarks.
Our Use of
Content
Sy.Med will
consider anything you provide to Sy.Med and/or contribute to this Site as
available for our use free of any obligations to you, except where we have
expressly solicited Invited Submissions and those submissions are expressly
governed by Additional Terms appearing elsewhere on this Site, in which event
those Additional Terms will determine how we will treat your Invited
Submissions.
Subject to the
provisions of any Additional Terms, by posting or uploading any content to this
Site and/or providing any communication or material to Sy.Med ("User Content"),
you automatically and irrevocably: (a) grant and assign to Sy.Med any and all
rights in the User Content throughout the world including without limitation all
copyright, together with all consents (if any) necessary to enable its
reproduction, distribution, modification, publishing and/or other exploitation
by Sy.Med and/or by any person authorized by Sy.Med, by any means and in all
media now known or hereafter devised without payment or other reference to you
or any other person, and to advertise and promote such exploitation, for the
full period of all such rights (together with any extensions and renewals) and
insofar as possible in perpetuity;
(b) waive all
moral rights in the User Content which may be available to you in any part of
the world and confirm that no such rights have been asserted;
(c) appoint
Sy.Med as your agent with full power to enter into any document and/or do any
act Sy.Med may consider appropriate to confirm the grant and assignment, consent
and waiver set out above;
(d) warrant
that you are the owner of the User Content and entitled to enter into these
Terms of Use;
(e) confirm
that no such User Content will be subject to any obligation, of confidence or
otherwise, to you or any other person and that Sy.Med shall not be liable for
any use or disclosure of such User Content.
Disclaimer of
Warranties
YOUR USE OF
THIS SITE IS AT YOUR OWN RISK. Sy.Med AND ALL THE MATERIALS, INFORMATION, AND
OTHER CONTENT IN THIS SITE AND OTHER SITES LINKED TO THIS SITE ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Sy.Med
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Sy.Med DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Sy.Med's
WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Sy.Med DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION OR
OTHER CONTENT IN THIS SITE OR ANY SITES LINKED TO THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Sy.Med MAKES NO
WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, OR OTHER CONTENT IN THIS
SITE OR OTHER SITES LINKED TO THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND Sy.Med ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
SUCH MATERIALS, INFORMATION, OR OTHER CONTENT OF THIS SITE OR ANY SITES LINKED
TO THIS SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF
THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of
Liability
Sy.Med DOES NOT
ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY
USE OF, OR INABILITY TO USE, THIS SITE OR OTHER SITES LINKED TO THIS SITE OR THE
MATERIAL, INFORMATION, OR OTHER CONTENT ON THIS SITE OR OTHER SITES LINKED TO
THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF
Sy.Med HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
YOU (AND NOT
Sy.Med) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR
ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS
WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Jurisdiction
These pages are
controlled and operated by Sy.Med in the United States and are intended for use
within the United States. Sy.Med makes no representation that materials on these
pages are appropriate or available for use in other locations. Those who choose
to access these pages from other locations do so on their own initiative and are
responsible for compliance with local laws. These Terms and Conditions of Use
shall be construed and enforced in accordance with the laws of the State of
Tennessee. Any action to enforce these Terms and Conditions of Use shall be
brought in the federal or state courts located in the State of Tennessee.
System Abuse
Without
limitation, you agree not to send, create or reply to so called "mailbombs"
(i.e., emailing copies of a single message to many users, or sending large or
multiple files or messages to a single user with malicious intent) or engage in
"spamming"(i.e., unsolicited emailing for business or other purposes) or
undertake any other activity which may adversely effect the operation or
enjoyment of this Site by any other person. You may not reproduce, sell, resell
or otherwise exploit any resource, or access to any resource, contained on this
Site.
Investigations
Sy.Med reserves
the right to investigate suspected violations of these Terms of Use. Sy.Med may
seek to gather information from the user who is suspected of violating these
Terms of Use, and from any other user. Sy.Med may suspend any users whose
conduct is under investigation. If Sy.Med believes, in its sole discretion, that
a violation of these Terms of Use has occurred, it may warn users, suspend users
and passwords, terminate accounts or take other corrective action it deems
appropriate.
Sy.Med will
cooperate with any law enforcement authorities or court order requesting or
directing Sy.Med to disclose the identity of anyone making available any
materials that are believed to violate these Terms of Use. BY ACCEPTING THIS
AGREEMENT, YOU WAIVE AND HOLD HARMLESS Sy.Med FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY Sy.Med DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY
ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER Sy.Med OR LAW
ENFORCEMENT AUTHORITIES.
Indemnity
You agree to
indemnify and hold harmless Sy.Med and its officers, directors, employees,
agents, distributors and affiliates from and against any and all claims,
demands, liabilities, costs or expenses, including reasonable attorney's fees,
resulting from your breach of any of the foregoing provisions, representations
or warranties, or from your placement or transmission of any content onto
Sy.Med's servers, or from any and all use of your account.
Please note
that these Terms of Use may be revised and reissued without notice at any time
by updating this posting. You should visit this page regularly to review the
current Terms of Use, since your continued use of the Site will be deemed as
irrevocable acceptance of any revisions. These Terms of Use were last updated on
March 18, 2008.
Privacy
Information
Sy.Med
recognizes the importance of protecting the information that we collect from
clients during the process of registering for a service, product, newsletter, or
membership area of the Site. It is our policy to use the information we acquire
through the registration process or through user postings at our sites for
internal business uses only, and we maintain appropriate security measures to
keep this information private. Gathering this information helps us develop Web
sites and products to match your interests.
Collected
Information
We require
clients who register to use the services ("Services") offered on our Site to
give us contact information, such as their name, company name, address, phone
number, and e-mail address. At the time you express interest in attaining
additional information, or when you register for the service, we may also ask
for additional personal information, such as title, department name, fax number,
or additional company information, such as annual revenues, number of employees,
or industry. Clients can opt out of providing this additional information by not
entering it when asked.
Sy.Med uses the
information that we collect to set up Services for individuals and their
organizations. We may also use the information to contact clients to further
discuss client interest in our company, the Services that we provide, and to
send information regarding our company or partners, such as promotions and
events. Clients are invited to receive an email newsletter by providing an email
address. Client email addresses and any personal client information will not be
distributed or shared with any third parties. Clients can opt out of being
contacted by us, or receiving such information from us, at any time by sending
an email to oneapp@symed.com. Separately, clients are also asked to provide an
email address when registering for the Service, in order to receive a username
and password. We may also email information regarding updates to the Service or
company, and will send a Client Newsletter. Again, email will not be distributed
or shared and clients can opt out of receiving any communication by emailing
oneapp@symed.com at the time it is distributed, or at the time any client
registers for the Service.
Sy.Med may also
collect certain information from visitors to and clients of the Site, such as
Internet addresses. This information is logged to help diagnose technical
problems, and to administer our Site in order to constantly improve the quality
of the Service. We may also track and analyze non-identifying and aggregate
usage and volume statistical information from our visitors and clients and
provide such information to third parties.
Cookies
When you
interact with the Sy.Med Web site, we strive to make that experience easy and
meaningful. When you come to our Web site, our Web server may send a cookie to
your computer. Cookies are files that Web browsers place on a computer's hard
drive and are used to tell us whether clients and visitors have visited the Site
previously.
Third-Party
Sites
The Site
contains links to other Web sites. Sy.Med is not responsible for the privacy
practices or the content of these other Web sites. Clients and visitors will
need to check the policy statement of these other Web sites to understand their
policies. Clients and visitors who access a linked site may be disclosing their
private information. It is the responsibility of the user to keep such
information private and confidential.
Opt-Out Policy
Sy.Med offers
its visitors and clients a means to choose how we may use information provided.
If, at any time after registering for information or ordering Services, you
change your mind about receiving information from us or about sharing your
information with third parties, send us a request specifying your new choice.
Simply send your request to
oneapp@symed.com.
Additional
Information
Questions
regarding this Statement or the practices of this Site should be directed to
Sy.Med by e-mailing such questions to oneapp@symed.com.
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