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User Agreement
Terms of Service
Before signing up for an account with MyFibroSite.com, you
must review and accept the Terms and Conditions. Signing up
for an account implies such acceptance.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
"MyFibroSite.com" is operated through services powered
by MySiteMain Domain Hosting, under the terms and conditions
contained in this document (referred to as "Terms and
Conditions"). BY COMPLETING THE REGISTRATION FORM AND
CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
set forth below.
2. DESCRIPTION OF SERVICE "MyFibroSite.com"
is providing its Members with a capability to send and receive
electronic mail ("email") via the World Wide Web
and on "MyFibroSite.com"'s own system. There is
no charge to the Member for this Service. However, you must
(1) provide all equipment, including a computer and modem,
necessary to establish a connection to the World Wide Web
and (2) obtain access to the World Wide Web and pay any telephone
service fees associated with such access.
3. MEMBER OBLIGATIONS In consideration for
this Service, you agree to provide certain information about
yourself as prompted to do so by the Service, and update this
information as necessary to keep it current, complete and
accurate. All information requested on original sign up shall
be referred to as registration data ("Registration Data").
Furthermore, you are granting "MyFibroSite.com"
the right to disclose to third parties certain information
about you; however, such disclosures will exclude Member's
name, mailing address, account and phone number, unless you
expressly direct "MyFibroSite.com" to disclose such
information or "MyFibroSite.com" is required to
disclose such information by operation of law or to comply
with legal process served on "MyFibroSite.com".
If any information provided by you is inaccurate, "MyFibroSite.com"
retains the right to terminate your membership and all associated
rights to the Service.
4. MODIFICATIONS TO TERMS OF SERVICE "MyFibroSite.com"
or "MySiteMain Domain Hosting" may change the Terms
and Conditions of service from time to time. It is your responsibility
to check this document periodically for any changes or modifications
as there will be no individual notices to Members regarding
such changes or modifications. Your continued use of the Service
constitutes an affirmative acknowledgment by you of the Terms
and Conditions and any subsequent modifications made to them
and your agreement to abide and be bound by them.
5. MODIFICATIONS TO THE SERVICE "MyFibroSite.com"
and "MySiteMain Domain Hosting" reserve the right
to modify or discontinue the Service with or without notice
to its Members. Neither "MyFibroSite.com" nor "MySiteMain
Domain Hosting" shall be liable to Members or any third
party should they exercise their right to modify or discontinue
the Service.
6. PRIVACY POLICY It is "MyFibroSite.com"'s
policy to respect the privacy of its Members. Therefore, in
addition to the privacy of registration data "MyFibroSite.com"
will not monitor, edit, or disclose the contents of its Members'
private communications unless required to do so by law or
in the good faith belief that such action is necessary to
conform to the edicts of the law or comply with legal process
served on "MyFibroSite.com" or to protect and defend
the rights or property of "MyFibroSite.com". As
a Member, you acknowledge and agree that "MyFibroSite.com"
and "MySiteMain Domain Hosting" neither endorse
the contents of any Member communications nor assume responsibility
for any threatening, libelous, obscene, harassing or offensive
material contained therein, any infringement of third party
intellectual property rights arising therefrom or any crime
facilitated thereby. As a Member you acknowledge and understand
that certain technical processing of email messages and their
content may be required to send and receive messages; conform
to connecting networks' technical requirements; conform to
the limitations of the Service; or conform to other similar
requirements.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you will receive
a password and an account. You, alone, are responsible for
maintaining the confidentiality of your password. Furthermore,
you are entirely responsible for any and all activities which
occur under your account. You must immediately notify "MyFibroSite.com"
of any unauthorized use of your account or any other breach
of security known to you. You may change your password at
any time by following instructions provided. You may also
set up a new account at your convenience as long as you notify
MyFibroSite.com to close your old one.
8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY
ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT MEMBER'S
SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Both "MyFibroSite.com"
and "MySiteMain Domain Hosting" EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. "MyFibroSite.com"
and "MySiteMain Domain Hosting" MAKE NO WARRANTY
THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE. "MyFibroSite.com" MAKES NO GUARANTEES AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS AT MEMBER'S OWN RISK AND MEMBER IS SOLELY
RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. "MyFibroSite.com" and My Fibro Site
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY MEMBER FROM "MyFibroSite.com"
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY "MySiteMain
Domain Hosting" SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF "MySiteMain Domain Hosting" HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. "MySiteMain Domain Hosting"
SHALL NOT BE HELD RESPONSIBLE FOR ANY MESSAGES RECEIVED BY
MEMBER, REGARDLESS OF THEIR CONTENT.
10. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Your right to use the Service is personal to you. Therefore,
a Member may only be an individual, not a corporation or other
business entity. You may not resell or make any commercial
use of the Service, without the express written permission
of "MySiteMain Domain Hosting"
11. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
"MyFibroSite.com" and "MySiteMain Domain Hosting"assume
no responsibility for the deletion or failure to store email
messages. "MyFibroSite.com" has set no fixed upper
limit on the number of messages you may send or receive through
the Service; however, "MyFibroSite.com" retains
the right, at its sole discretion, to determine whether or
not a Member's conduct is consistent with the letter and spirit
of the Terms and Conditions of this service. "MyFibroSite.com"
may terminate Service if a Member's conduct is found to be
inconsistent with the intent of this agreement.
12. MEMBER CONDUCT You are solely responsible
for the contents of your transmissions through the Service.
Your use of the Service is subject to all applicable local,
provincial, national and international laws and regulations.
Therefore, you agree: (1) to comply with all applicable Canadian
laws regarding the transmission of technical data exported
from Canada through the Service; (2) that you shall not use
the Service for illegal purposes; (3) that you shall not interfere
or disrupt networks connected to the Service; and (4) that
you shall comply with all regulations, policies and procedures
of networks connected to the Service. The Service makes use
of the Internet to send and receive certain messages; therefore,
your conduct is subject to Internet regulations, policies
and procedures. Members may not use the Service to send chain
letters, junk mail or spam (unsolicited bulk e-mail) or to
communicate with any person who has not given specific permission
to be included in such communications. In addition, you may
not transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. You
further agree not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local,
provincial, national or international law or regulation. Attempts
to gain unauthorized access to other computer systems are
prohibited. Members may not interfere with another Member's
use and enjoyment of the Service or another entity's use and
enjoyment of similar services. Either "MyFibroSite.com"
or "MySiteMain Domain Hosting" may, at its sole
discretion, immediately terminate Service should Member's
conduct fail to conform with these Terms and Conditions. "MyFibroSite.com"
reserves the right to terminate any inactive account.
13. INDEMNIFICATION You agree to indemnify
and hold "MySiteMain Domain Hosting", its officers,
directors, employees, subsidiaries, affiliates, successors
and assigns, harmless from any third party claim or demand,
including reasonable attorneys' fees, made in connection with
or arising out of your use of the Service, your violation
of the Terms and Conditions, or the infringement by you, or
other users of the Service using your membership, of any intellectual
property, right of privacy or publicity, or other right of
any person or entity.
14. TERMINATION/CANCELLATION Either "MyFibroSite.com"
or "MySiteMain Domain Hosting" may terminate the
Service with or without cause at any time and effective immediately.
Termination shall be accompanied by a written notice. "MyFibroSite.com"
and "MySiteMain Domain Hosting" shall not be liable
to you or any third party for termination of Service. Should
Member object to any terms and conditions of this service
or any subsequent modifications thereto or become dissatisfied
with the Service in any way, your sole and exclusive recourse
is to immediately discontinue your use of the Service; cancel
your membership; and notify "MyFibroSite.com" of
your cancellation. Upon termination of the Service, your right
to use the Service and Software immediately ceases and you
shall have no right and "MyFibroSite.com" shall
have no obligation thereafter to forward any unread or unsent
messages to Member or any third party.
15. NOTICE Except as otherwise indicated
herein, all notices to you from "MyFibroSite.com"
or from you to "MyFibroSite.com" shall be in writing
and shall be made via email or conventional mail. "MyFibroSite.com"
may post notices or messages through the Service to inform
Members of changes to the Service, or the Terms and Conditions
of service, or other matters of importance; such postings
shall constitute sufficient written notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
You may enter into correspondence with or participate in promotions
of the Advertisers marketing their products on the Service.
Any such correspondence or promotions, including the delivery
of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with
such correspondence or promotions, are solely between the
corresponding Member and the Advertiser. "MyFibroSite.com"
and "MySiteMain Domain Hosting" assume no liability,
obligation or responsibility for any part of any such correspondence
or promotion.
17. PROPRIETARY RIGHTS TO CONTENT Members
acknowledge that content, including but not limited to text,
photographs, video, graphics, software, music, sound, or other
material contained in either sponsor advertisements or emails
presented to Member by "MyFibroSite.com" or "MyFibroSite.com"'s
Advertisers (collectively referred to as "Content"),
is protected under the laws of copyright, trademark, patent,
unfair competition or other applicable laws. Therefore, you
are only permitted to use this Content as expressly authorized
by "MyFibroSite.com" or the Advertisers associated
with the "MyFibroSite.com" service. Members may
not copy, reproduce, distribute, or create derivative works
from this Content without the express written authorization
to do so by the "MyFibroSite.com" or the Advertiser.
18. LAWS This Terms and Conditions agreement
shall be governed by and construed in accordance with the
laws of Canada. Both Member and "MyFibroSite.com"
agree to submit to the exclusive jurisdiction of the courts
of Canada. If any provision(s) of these Terms and Conditions
are held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. "MyFibroSite.com's"
or My Fibro Site's failure to exercise or enforce any right
or provision of the Terms and Conditions shall not constitute
a waiver of such right or provision unless acknowledged and
agreed to by "MyFibroSite.com" in writing. Member
and "MyFibroSite.com" agree that any cause of action
arising out of or related to this Service must commence within
one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. By agreeing to these
Terms and Conditions you certify that all information you
supply to this service is true and correct to the best of
your knowledge.
For technical problems please send a detailed email to sitehelp@myfibrosite.com
This will give you notification of your call and a tracking
number. A member of the support team will contact you if a
follow-up is needed.
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