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The following terms and conditions govern your use of the Addison Health
Systems web site domain 'writepad.com' ("domain") and any content or services
("services") and the Materials available therein:
LICENSE; RESTRICTIONS ON USE
You are granted a nonexclusive, nontransferable, limited license to access and
use for research purposes the domain from time to time made available to you.
This license includes:
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The right to electronically display Materials retrieved from the domain to no
more than one person at a time;
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The right to obtain a printout of Materials via printing commands of
the domain and to create a single printout of Materials downloaded via
downloading commands of the domain;
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With respect to Materials that are court cases, court rules, court briefs,
agency-issued documents, agency regulations or executive branch Materials from
the United States ("Authorized Legal Materials"), its states or territories,
the right to retrieve via downloading commands of the domain and store in
machine-readable form, primarily for one person's exclusive use, a single copy
of insubstantial portions of those Materials included in any individual file to
the extent the storage of those Materials is not further limited or prohibited
by the Terms and Conditions described herein or by the Addison Health Systems
Privacy Policy;
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With respect to Materials that are United States patents ("Authorized Patent
Materials"), the right to retrieve via downloading commands of the domain
and store in machine-readable form, primarily for one person's exclusive use, a
single copy; and
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With respect to all Materials other than Authorized Legal Materials and
Authorized Patent Materials, the right to retrieve via downloading commands of
the domain and store in machine-readable form for no more than 90 days,
primarily for one person's exclusive use, a single copy of insubstantial
portions of those Materials included in any individual file to the extent the
storage of those Materials is not further limited or prohibited by the Terms
and Conditions described herein or by the Addison Health Systems Privacy
Policy.
To the extent permitted by applicable copyright law and not further limited or
prohibited by the Terms and Conditions described herein or by the Addison
Health Systems Privacy Policy, you may make copies of Authorized Printouts and
distribute Authorized Printouts and copies.
Except as specifically provided, you are prohibited from downloading, storing,
reproducing, transmitting, displaying, copying, distributing, or using
Materials retrieved from the domain. You may not print or download Materials
without using the printing or downloading commands of the domain.
All right, title, and interest (including all copyrights and other intellectual
property rights) in the domain and Materials (in both print and
machine-readable forms) belong to the provider of the domain or its third party
suppliers of Materials. You acquire no proprietary interest in the domain,
Materials, or copies thereof.
Except as specifically provided herein, you may not use the domain or Materials
retrieved from the domain in any fashion that infringes the copyrights or
proprietary interests therein.
You may not remove or obscure the copyright notice or other notices contained
in Materials retrieved from the domain.
You may not use information included in the domain or Materials retrieved from
the domain to determine a consumer's eligibility for (a) credit or insurance
for personal, family, or household purposes; (b) employment; or (c) a
government license or benefit.
ACCESS TO SERVICES
Only individuals authorized by the subscribing organization may access and use
the services of the domain.
Materials and features may be added to or withdrawn from the domain and the
domain otherwise changed without notice.
LIMITED WARRANTY
The provider of the domain represents and warrants that it has the right and
authority to make the domain and Materials available pursuant to these General
Terms and Conditions.
EXCEPT AS OTHERWISE PROVIDED, THE DOMAIN AND MATERIALS ARE PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE DOMAIN AND EACH THIRD PARTY
SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
A Covered Party (as defined below) shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from
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any errors in or omissions from the domain or any Materials available or not
included therein,
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the unavailability or interruption of the services or any features thereof or
any Materials,
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your use of the services or Materials (regardless of whether you received any
assistance from a Covered Party in using the domain),
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your use of any equipment in connection with the domain,
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the content of Materials, or
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any delay or failure in performance beyond the reasonable control of a Covered
Party.
"Covered Party" means:
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the provider of the domain, its affiliates, and any officer, director,
employee, subcontractor, agent, successor, or assign of the provider of the
domain or its affiliates; and
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each third party supplier of Materials, their affiliates, and any officer,
director, employee, subcontractor, agent, successor, or assign of any third
party supplier of Materials or any of their affiliates.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER
CLAIM ARISING OUT OF OR RELATING TO THE DOMAIN OR MATERIALS SHALL NOT EXCEED
THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
ANY COVERED PARTY.
THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION
WITH THE DOMAIN , MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
MISCELLANEOUS
These Terms and Conditions may be changed from time to time as described below
or by written agreement. Charges and payment terms may be changed in accordance
with your applicable upgrade schedule, support plan or user account fees; all
other provisions may be changed by the provider of the services immediately
upon notice. Your subscription for access to the services may be terminated
immediately upon notice to the provider of the domain if any change is
unacceptable. Continued use of the services following any change
constitutes acceptance of the change.
The provider of the domain or the subscribing organization may terminate the
subscription for access to the domain. The effective date of termination shall
be ten days after the receipt of an appropriate notice of termination, unless a
later date is specified in the notice. The provider of the domain may suspend
or discontinue providing the services to you without notice and pursue any
other remedy legally available to it if you fail to comply with any of your
obligations hereunder.
Except as otherwise provided herein, all notices and other communications
hereunder shall be in writing or displayed electronically in
the services by the provider thereof. Notices shall be deemed to have
been properly given on the date deposited in the U.S. mails, if mailed; on the
date first made available, if displayed in the domain; or on the date received,
if delivered in any other manner. Notices to the provider of the services
should be sent to your account representative.
The failure of the provider of the domain or any third party supplier of
Materials to enforce any provision hereof shall not constitute or be construed
as a waiver of such provision or of the right to enforce it at a later time.
The subscribing organization or individual may not assign its rights or
delegate its duties under the subscription to access the domain without the
prior written consent of the provider of the domain.
These General Terms and Conditions shall be governed by and construed in
accordance with the laws of the State of Texas.
Each third party supplier of Materials has the right to assert and enforce
these provisions directly on its own behalf as a third party beneficiary.
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