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The subscriber agreement was last updated on
February 26, 2008.
Please read the subscriber agreement below. This Subscriber Agreement
governs your use of HealthOrbit weekly Journal/daily headline news and website,
which are electronic news and information services from HealthOrbit, Inc.
If you agree to be bound by the terms and conditions of this Agreement, at
the time of registration process to become a subscriber, you have to click
“I AGREE” check box in the registration area to enable you to proceed with
registration.
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Changes to Subscriber Agreement. We may change the terms and
conditions of this Agreement at any time and these changes will appear
in this document, which you may access anytime.
Your use of HealthOrbit's website and related services after changes are made to this Agreement
means that you agree to be bound by such changes. Registration data and
other information about you is subject to our Privacy Policy.
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Fees and Payments. You can always find the current Subscription Fees
at HealthOrbit's website by visiting our registration area. If you agree to pay
the Subscription Fees and any other charges incurred in connection with
your registration for Journal and related services (including any applicable taxes) at the
rates in effect when the charges were incurred. We will bill all charges
automatically to your credit card. Subscription Fees will be billed at
the beginning of your subscription or any renewal. Basically all fees and charges
are non-refundable. However, you may decide that you would like to discontinue the
subscription, only subscription fee will be refunded to you.
We may change the fees and charges then in effect, or add new fees or
charges, by giving you notice in advance. If you want to use a different
credit card or there is a change in credit card information, or if you
believe someone has accessed services meant only for our registered
users, using your user name and password without your authorization, you
must contact our Customer Services by email. You are solely responsible
for any fees or charges incurred by you to access HealthOrbit
services through an Internet access provider or other third party
service.
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Renewal. Your subscription will renew automatically, unless we
terminate it or you notify us by email or in writing of your decision to
terminate your subscription. You must cancel your subscription before it
renews in order to avoid billing of Subscription Fees for the renewal
term to your credit card.
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Limitation on Use. Only person who have registered in his/her name
may access the weekly Journal, daily headline news and certain features
on website of HealthOrbit services using User Name and Password.
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The contents available through
HealthOrbit is protected by copyright and intellectual property laws
(please refer to copyright and intellectual
property section of our web site, which forms integral part of this
agreement). You may
display or print the contents available through HealthOrbit for
your personal, non-commercial use only. You agree not to sell, publish,
distribute, retransmit or otherwise provide access to the contents
received through HealthOrbit to anyone, including your colleagues.
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You agree not to create abstracts from, scrape or display headlines
from our contents for use on another website or service. You agree not
to post any contents from HealthOrbit to newsgroups, mail lists or
electronic bulletin boards, without our written consent.
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You agree not to use HealthOrbit products for any unlawful purpose. We
reserve the right to terminate or restrict your access to HealthOrbit's
web site, weekly Journal, daily headline news and other related services,
if in our opinion, your use of HealthOrbit services may
violate any laws, infringe upon another person's rights or violate the
terms of this Agreement. Also, we may refuse to grant you a user name
that impersonates someone else, is protected by trademark, copyright or
intellectual property laws, or is vulgar or otherwise offensive.
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Disclaimers of warranties and limitation on liabilities. You agree
that your access to use of HealthOrbit's website and the contents available
through HealthOrbit, Inc. is on an "as is", "as available" basis and we
specifically disclaim any representation or warranties, express or
implied, including, without limitation, any representations or
warranties of merchantability or fitness for a particular purpose
HealthOrbit, Inc. its affiliates, shareholders, directors, officers,
employees will not be liable (jointly or severally) to you or any other
person as a result of your access or use of HealthOrbit's website,
weekly Journal or daily headline news and related services for indirect,
consequential, special, incidental, punitive, or exemplary damages,
including, without limitation, lost profits, lost savings and lost
revenues (collectively , the “excluded damages”), whether or not
characterized in negligence, tort, contract, or other theory of
liability, even if any of HealthOrbit, Inc. have been advised of the
possibility of or could have foreseen any of the excluded damages, and
irrespective of any failure of an essential purpose of a limited remedy.
If any applicable authority holds any portion of this section to be
unenforceable, then the HealthOrbit, Inc. liability will be limited to
the fullest possible extent permitted by applicable law.
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General. This Agreement contains the final and entire agreement
between us regarding your use of HealthOrbit's website, the weekly Journal, daily
headline news and related services. We may discontinue or
change HealthOrbit's services or its availability to you, at any time. This
Agreement is personal to you, which means that you may not assign your
rights or obligations under this Agreement to anyone. No third party is
a beneficiary of this Agreement. You agree that this Agreement, as well
as any and all claims arising from this Agreement will be governed by
and construed in accordance with the laws of Province of Ontario,
Canada applicable to contracts made entirely within the city of
Mississauga and wholly
performed in the city of Mississauga, without regard to any conflict or choice of law
principles. The sole jurisdiction and venue for any litigation arising
out of this Agreement will be an appropriate federal or state court
located in the city Mississauga. This Agreement will not be governed by the United
Nations Convention on Contracts for the International Sale of Goods.
Copyright © 2008 HealthOrbit, Inc. All rights reserved.
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