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HANDYDEX, LLC
The following Terms and Conditions govern your use of the HANDYDEX
Website and the materials accessible on or from the site.
Please read them carefully before you use the site.
By clicking the "I Agree" button on the
registration page, you agree that you and any additional users to whom you
subsequently provide account access will be bound by all of these Terms and
Conditions when using the Website and the services offered by HANDYDEX.
If you do not agree with these Terms and Conditions, please do not use
the HANDYDEX Website.
1.
User Obligations
Use: You agree not to
use the Website except as authorized by these Terms and Conditions and, in any
event, not to make it available to any third party, except as expressly provided
below under Additional Users.
You agree to provide accurate, current, and complete registration information to
HANDYDEX and maintain and update this information as required to keep it
accurate, current, and complete. If
any information provided by you is inaccurate or incomplete, HANDYDEX may
terminate or suspend your use of its Website until you provide correct and
complete registration information.
Additional Users: You
may provide and assign your access code and password to a limited number of
persons under your control. In
doing so, you are responsible for making those users aware of and abide by these
Terms and Conditions.
Access Codes/Passwords/Account Numbers:
You are responsible for maintaining the confidentiality and
controlling the use of your access code, password, and account number.
Electronic Communications: You
are responsible for all electronic communications, including account
registration and other account holder information entered through or under your
access code, password, or account number. HANDYDEX
will act as though any electronic communications it receives under your access
code, password, or account number has been sent by you.
Unauthorized Use: You
agree to immediately notify HANDYDEX if you become aware of any loss or theft or
unauthorized use of your access code, password, or account number.
2.
Services
Services List: HANDYDEX
provides hospital telephone directories and other directories listed on its Web
site ("services"). HANDYDEX
may, at its own discretion, alter, limit, or delete any portion of the services
at any time.
Interruption of Services: Although
HANDYDEX will use commercially reasonable efforts to avoid interruptions of its
services, access to its Website may be unavailable for legitimate reasons, including
interruption in its major network connections.
Privacy: All personal
data provided to HANDYDEX will be handled according to HANDYDEX's Privacy
Policy.
3.
User Conduct
Nontransferable: Your
use of HANDYDEX's services is non-transferable, but may be assigned to a
limited number of persons under your control.
Improper Conduct: You
are prohibited from posting or transmitting to or from this site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give rise to
any civil or criminal liability under law; and from transmitting material that
contains viruses, Trojan horses, worms, time bombs, or any other harmful
programs or codes.
Hacking: You are
prohibited from attempting to gain unauthorized access to the Website or
HANDYDEX's network; or interfere
with or attempt to interfere with another user's use of the Website or
HANDYDEX's network.
Violations: As
provided in the Privacy Policy, HANDYDEX may cooperate with legal authorities in
releasing names and IP addresses of any user who may be involved in activities
that violate the terms of this Section 3 or any other illegal activities.
4.
Payment
Fee Based Service:
HANDYDEX will charge fees for the services you use, in
accordance with the pricing schedule published on its Website, using the payment
option information you have provided in your registration information.
If HANDYDEX does not receive payment within thirty (30) days of such a
charge, you agree to pay HANDYDEX with a valid alternate payment option and
information. You will pay all
attorney and collection costs and fees arising from HANDYDEX's efforts to
collect any past due amounts from you to the extent permitted by law.
Price Changes: HANDYDEX
reserves the right to change prices or institute new charges for access to or
use of the services at any time. All
changes will be posted by HANDYDEX on the Website, and you are responsible for
regularly reviewing this pricing information to obtain timely notice of such
changes. Continued use of the
services or non-termination of your account after changes are posted constitutes
your acceptance of the prices as modified by the posted changes.
5.
Termination
By HANDYDEX: HANDYDEX
may, at its sole discretion, terminate your use of the Website or issue a
warning and temporarily suspend your ability to use the services if:
you breach these Terms and Conditions;
HANDYDEX is unable to verify or authenticate any information you provide;
HANDYDEX believes that your actions may cause legal liability for you,
other users, or HANDYDEX; an
outstanding balance on your account remains unpaid for thirty days after
HANDYDEX's notice of such outstanding balance;
or HANDYDEX believes that your actions may negatively impact HANDYDEX's
reputation. In cases where HANDYDEX
temporarily suspends your ability to use the services and you remedy such
situation to HANDYDEX's satisfaction within thirty days, your account will be
restored to its original status. If
appropriate action is not taken on your part within thirty days of notification,
your account will be terminated. Whatever
actions HANDYDEX decides to take will not limit HANDYDEX's other available
legal or equitable remedies.
By User: Should you
object to any Terms and Conditions or any subsequent modifications hereto or
become dissatisfied with the Website or any of the services,
your sole and exclusive recourse is to discontinue use of
the Website or such service. Upon
notification to HANDYDEX of your discontinuance of use of the Website, your
right to use the site shall cease and HANDYDEX may block your use or may
otherwise disable your password.
Effect: If you
terminate your use of the Website or services, you will remain liable for the
full amount of any applicable monthly charges for services for the month during
which you terminate, as well as charges for services you receive prior to
termination. If HANDYDEX terminates
your use of the Website and services, you will remain liable for charges for
services received prior to termination and for applicable charges up to the date
of termination on a pro rata basis.
6.
Disclaimer
of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THE SERVICES
AND ANY PRODUCTS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
HANDYDEX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT AND TITLE. HANDYDEX AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES
OR ANY PRODUCTS ORDERED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
NOR DOES HANDYDEX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, SECURITY, OR
RELIABILITY OF ANY COMMUNICATIONS, TRANSMISSIONS, OR DATA STORAGE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY;
IN THOSE JURISDICTIONS, HANDYDEX'S WARRANTY SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
7.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, HANDYDEX EXCLUDES FOR ITSELF AND
ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS
OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION
WITH THE SALE, INTERRUPTION OF THIS WEBSITE AND THE MATERIALS AND PRODUCTS
ACCESSIBLE ON OR FROM THE SITE, EVEN IF HANDYDEX 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; IN
THOSE JURISDICTIONS, HANDYDEX'S AND ITS SUPPLIER'S LIABILITY SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8.
Indemnification
You shall defend, indemnify, and hold HANDYDEX and its suppliers harmless
from any claim, demand for damage, including reasonable attorney fees and costs,
made by any third party due to or arising out of your use of the services.
9.
Proprietary Rights
Service Ownership: The
ownership of the services provided by HANDYDEX, including but not limited to
telephone numbers, file storage capacity and other privileges, are vested in
HANDYDEX.
Ownership of Contents: All
contents of the Website, including all trademarks, service marks, and logos used
therein, are the property of HANDYDEX and/or its suppliers.
You are prohibited from using any such marks. All content on the Website is protected by copyright.
You may not modify, copy, distribute, transmit, display, publish, sell,
license, create derivative works of, or use, any Website content for commercial
or public purposes, nor may you alter or remove any copyright or other
proprietary notices or disclaimers included on the Website.
You are granted a non-exclusive, non-transferable, revocable, limited
license to use the Website at such times as it is generally available, solely
in accordance with these Terms and Conditions.
Such license is conditioned on your continued compliance with these Terms
and Conditions.
10.
Applicable
Laws
Any claims relating to the materials or the Website shall be governed by
and construed in accordance with the laws of the State of Michigan without
reference to conflict of laws principles. The
state and federal courts located in Wayne County, Michigan shall have sole
jurisdiction over any disputes relating to this Website and the use of its
services, and you irrevocably submit to the personal jurisdiction of such
courts.
11.
Revisions to Terms and Conditions
HANDYDEX may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are
responsible for reviewing this page from time to time to ensure compliance.
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