Terms of Use
The Alexander A. Davis, M.D. Web Site (the "Service") is an online information and
communications service provided for his patients by Alexander A. Davis, M.D. ("Dr. Davis"),
subject to your compliance with the terms and conditions set forth below, including all exhibits
hereto. Dr. Davis's logo, the body with overlapping boxes and colors, is the property of Dr.
Davis. Other marks which appear on this Web site may be marks of third parties that are not
affiliated Dr. Davis. Dr. Davis and his affiliates do not control or endorse the content of third
party Web sites.
Please read this Agreement carefully before accessing or using the Service. By
accessing or using the Service, you agree to be bound by the terms and conditions set forth
below. If you do not wish to be bound by these terms and conditions, you may not access or use
the Service. If you utilize the Service in a manner inconsistent with these terms and conditions,
Dr. Davis may terminate your access, block your future access and/or seek s uch additional relief
as the circumstances of your misuse indicate is proper. Dr. Davis may modify this Agreement at
any time, and such modifications shall be effective immediately upon posting of the modified
Agreement. You agree to review the Agreement periodically to be aware of such modifications and
your continued access or use of the Service shall be deemed your conclusive acceptance of the
modified Agreement.
- Operating Policies. You agree to comply with the Operating Policies set forth in
Exhibit A (as they may be amended by Dr. Davis from time to time),
which are the rules that govern your activity in connection with the Service. Dr. Davis has the
right but not the obligation to remove any communications and materials that Dr. Davis believes
in its sole discretion violate the Operating Policies.
- Copyright, Licenses and Idea Submissions. The entire contents of the Service are
copyrighted under the United States copyright laws. The owner of the copyright is Dr. Davis.
You may print and download portions of material from the different areas of the Service solely
for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup
copy, and (c) one print copy of any portions of material downloaded from the different areas of
the Service solely for your non-commercial use. Any other copying, redistribution,
retransmission or publication of any downloaded material, is strictly prohibited without the
express written consent of Dr. Davis. You agree not to change or delete any proprietary notices
from materials downloaded from the Service. You agree to grant to Dr. Davis a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas contained therein for new
or improved products and services) you submit to public areas of the Service (such as bulletin
boards, forums and newsgroups) by all means and in any media now known or hereafter developed.
You also grant to Dr. Davis the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no recourse against Dr.
Davis for any alleged or actual infringement or misappropriation of any proprietary right in
your communications to him.
- Use of the Service. You understand that, except for information, products or
services clearly identified as being supplied by Dr. Davis, Dr. Davis does not operate, control
or endorse any information, products or services on the Internet in any way. Except for Dr.
Davis -identified information, products or services, all information, products and services
offered through the Service or on the Internet generally are offered by third parties that are
not affiliated with Dr. Davis. You also understand that Dr. Davis cannot and does not guarantee
or warrant that files available for downloading through the Service will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and for maintaining
a means external to the Service for the reconstruction of any lost data. You assume total
responsibility and risk for your use of the Service and the Internet. Dr. Davis does not make
any express or implied warranties, representations or endorsements whatsoever (including
without limitation warranties of title or noninfringement, or the implied warranties of
merchantability or fitness for a particular purpose) with regard to the Service, any
merchandise, information or service provided through the Service or on the Internet generally,
and Dr. Davis shall not be liable for any cost or damage arising either directly or indirectly
from any such transaction. It is solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services, merchandise and other
information provided through the Service or on the Internet generally. Dr. Davis does not
warrant that the Service will be uninterrupted or error-free or that defects in the Service
will be corrected. The Service and any software made available on the Service are provided on
an "as is, as available" basis.
You understand further that the Internet contains unedited materials some of which are
sexually explicit or may be offensive to you. You access such materials at your risk. Dr. Davis
has no control over and accepts no responsibility whatsoever for such materials.
In no event will Dr. Davis be liable for (I) any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the use of or inability to use
the Service, or any information, or transactions provided on the Service or downloaded or
hyperlinked from the Service, even if Dr. Davis or its authorized representatives have been
advised of the possibility of such damages, or (II) any claim attributable to errors,
omissions, or other inaccuracies in the Service and/or materials or information downloaded
through, or hyperlinked from, the Service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above limitation may not
apply to you. In such states, Dr. Davis's liability is limited to the greatest extent permitted
by law.
- Indemnification. You agree to indemnify, defend and hold harmless Dr. Davis, its
officers, directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Third Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4
(Indemnification) are for the benefit of Dr. Davis and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
- Term; Termination. This Agreement may be terminated by either party without notice
at any time for any reason; provided that you may no longer use the Service after you have
terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this Agreement.
- Miscellaneous. This Agreement shall all be governed and construed in accordance with
the laws of the State of California applicable to agreements made and to be performed in
California. You agree that any legal action or proceeding between Dr. Davis and you for any
purpose concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in California. Any
cause of action or claim you may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause of action is barred.
Dr. Davis 's failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any provision of this
Agreement. Dr. Davis may assign his rights and duties under this Agreement to any party at any
time without notice to you.
Exhibit A
Operating Policies
Your participation in on-line communications occurs in real time and is not edited, censored, or
otherwise controlled by Dr. Davis. Dr. Davis cannot and does not screen content provided by users
of the Service. Notwithstanding the foregoing, Dr. Davis reserves the right to monitor content on
the Service and to remove content which Dr. Davis, in his sole discretion, determines to be
harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain
an informative and valuable service that meets the needs of the users of the Service and avoids
the harm that can result from disseminating statements that are false, malicious, violate the
rights of others, or otherwise harmful, it is necessary to establish the following rules to
protect against abuse:
- Unless you are participating in an area of the Service that requires or encourages
anonymity, use your real name in online communications.
- You may not post or transmit any message which is libelous, defamatory or which discloses
private or personal matters concerning any person. You may not post or transmit any message,
data, image or program which is indecent, obscene or pornographic.
- You may not post or transmit any message, data, image or program that would violate the
property rights of others, including unauthorized copyrighted text, images or programs, trade
secrets or other confidential proprietary information, and trademarks or service marks used in
an infringing fashion.
- You may not interfere with other users use of the Service.
- You may not use any robot, spider, or other automatic device or process to monitor or copy
our web pages or any portion of the content contained herein without our express written
permission.
- You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any
other contaminating or destructive features.
- You may not post or transmit any message which is harmful, threatening, abusive or hateful.
It is not the Service's intent to discourage you from taking controversial positions or
expressing vigorously what may be unpopular views; however, Dr. Davis reserves the right to
take such action as it deems appropriate in cases where the Service is used to disseminate
statements which are deeply and widely offensive and/or harmful.
- You may not post or transmit charity requests, petitions for signatures, chain letters or
letters relating to pyramid schemes. You may not post or transmit any advertising, promotional
materials or any other solicitation of other users of the Service for goods or services except
in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You may not post or list articles which are off-topic according to the description of the
group or list or send unsolicited mass emailings to 10 people or more if such e-mail could
reasonably be expected to provoke complaints from its recipients.
You may not use the facilities and capabilities of the Service to conduct any activity or
solicit the performance of any illegal activity or other activity which infringes the rights of
others.
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Alexander A. Davis, M.D.
1401 Spanos Court
Suite 122
Modesto, CA 95355
Phone: (209) 525-3888
Fax: (209) 525-3891
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