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Terms and Conditions
1. Acceptance of Terms
The services that ISLA Medical Services provides to User are
subject to the following Terms of Use ("TOU"). ISLA Medical Services reserves the right to update the TOU at any time without notice
to User. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located
at the bottom of our Web pages.
A.This Agreement, which incorporates by reference other provisions
applicable to use of http://imshawaii.com, including, but
not limited to, supplemental terms and conditions set forth hereof
("Supplemental Terms") governing the use of certain specific
material contained in http://imshawaii.com, sets forth the
terms and conditions that apply to use of http://imshawaii.com
by User. By using ISLA Medical Services (other than to read this
Agreement for the first time), User agrees to comply with all of
the terms and conditions hereof. The right to use http://imshawaii.com
is personal to User and is not transferable to any other person
or entity. User is responsible for all use of User's Account (under
any screen name or password) and for ensuring that all use of User's
Account complies fully with the provisions of this Agreement. User
shall be responsible for protecting the confidentiality of User's
password(s), if any.
B.ISLA Medical Services shall have the right at any time to change
or discontinue any aspect or feature of http://imshawaii.com,
including, but not limited to, content, hours of availability, and
equipment needed for access or use.
2. Changed Terms
ISLA Medical Services shall have the right at any time to change
or modify the terms and conditions applicable to User's use of http://imshawaii.com,
or any part thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited
to, posting on http://imshawaii.com, or by electronic or
conventional mail, or by any other means by which User obtains notice
thereof. Any use of http://imshawaii.com by User after such
notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, ISLA Medical Services provides User
with access to a variety of resources, including download areas,
communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features,
and/or the addition of any new Web properties, are subject to the
TOU.
4.Equipment
User shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access
to and use of http://imshawaii.com and all charges related
thereto.
5.User Conduct
A.User shall use http://imshawaii.com for lawful purposes
only. User shall not post or transmit through http://imshawaii.com
any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without ISLA Medical Services 's express
prior approval, contains advertising or any solicitation with respect
to products or services. Any conduct by a User that in ISLA Medical Services’s discretion restricts or inhibits any other User from
using or enjoying http://imshawaii.com will not be permitted.
User shall not use http://imshawaii.com to advertise or
perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other on-line
information services competitive with ISLA Medical Services.
B.http://imshawaii.com contains copyrighted material, trademarks
and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the
entire contents of http://imshawaii.com are copyrighted
as a collective work under the United States of America copyright
laws. ISLA Medical Services owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well
as in the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in
part. User may download copyrighted material for User's personal
use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted
without the express permission of ISLA Medical Services and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall
be made. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
C.User shall not upload, post or otherwise make available on http://imshawaii.com
any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from
such a submission. By submitting material to any public area of
http://imshawaii.com, User automatically grants, or warrants
that the owner of such material has expressly granted ISLA Medical Services the royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright
that may exist in such material. Users also permit any other User
to access, view, and store or reproduce the material for that User's
personal use. User hereby grants ISLA Medical Services the right
to edit, copy, publish and distribute any material made available
on http://imshawaii.com by User.
D.The foregoing provisions of Section 5 are for the benefit of
ISLA Medical Services, its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or communication
facilities designed to enable User to communicate with others (each
a "Communication Service" and collectively "Communication
Services"). User agrees to use the Communication Services only
to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, User agrees that when
using the Communication Services, User will not:
qUse the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
qDefame abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
qPublish post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
qUpload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have received all
necessary consent to do the same.
qUse any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
qUpload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
qAdvertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically
allows such messages.
qDownload any file posted by another user of a Communication Service
that User know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
qFalsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
qRestrict or inhibit any other user from using and enjoying the
Communication Services.
qViolate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
qHarvest or otherwise collect information about others, including
e-mail addresses.
qViolate any applicable laws or regulations.
qCreate a false identity for the purpose of misleading others.
qUse, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of users of the Services
or other user or usage information or any portion thereof.
ISLA Medical Services has no obligation to monitor the Communication
Services. However, ISLA Medical Services reserves the right to
review materials posted to the Communication Services and to remove
any materials in its sole discretion. ISLA Medical Services reserves
the right to terminate User’s access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever. ISLA Medical Services reserves the right at all times
to disclose any information as it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, in ISLA Medical Services's sole discretion.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
User is responsible for adhering to such limitations if User downloads
the materials.
Always use caution when giving out any personally identifiable
information in any Communication Services. ISLA Medical Services
does not control or endorse the content, messages or information
found in any Communication Services and, therefore, ISLA Medical Services specifically disclaims any liability with regard to the Communication
Services and any actions resulting from User’s participation
in any Communication Services. Managers and hosts are not authorized
ISLA Medical Services spokespersons, and their views do not necessarily
reflect those of ISLA Medical Services.
7.MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must
complete the registration process by providing ISLA Medical Services with current, complete and accurate information as prompted
by the applicable registration form. User also will choose a password
and a user name. User is entirely responsible for maintaining the
confidentiality of User’s password and account. Furthermore,
User is entirely responsible for any and all activities that occur
under User’s account. User agrees to notify ISLA Medical Services immediately of any unauthorized use of User’s account
or any other breach of security. ISLA Medical Services will not
be liable for any loss that User may incur as a result of someone
else using User’s password or account, either with or without
User’s knowledge. However, User could be held liable for losses
incurred by ISLA Medical Services or another party due to someone
else using User’s account or password. User may not use anyone
else's account at any time, without the permission of the account
holder.
8.NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services
("Software") is the copyrighted work of ISLA Medical Services and/or its suppliers. Use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for download solely for use by end
users according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, ISLA Medical Services HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ISLA Medical Services MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. ISLA Medical Services
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9.NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that
(1) the below copyright notice appears in all copies and that both
the copyright notice and this permission notice appear, (2) use
of such Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of
any Documents are made. Accredited educational institutions, such
as universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
ISLA Medical Services AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. ISLA Medical Services AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN
NO EVENT SHALL ISLA Medical Services AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ISLA Medical Services AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
10.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS SITE
IN NO EVENT SHALL ISLA Medical Services AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
11.MATERIALS PROVIDED TO ISLA Medical Services OR POSTED AT ANY
OF ITS WEB SITES
ISLA Medical Services does not claim ownership of the materials
User provide to ISLA Medical Services (including feedback and
suggestions) or post, upload, input or submit to any Services or
its associated services for review by the general public, or by
the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting")
User’s Submission User is granting ISLA Medical Services
, its affiliated companies and necessary sub licensees permission
to use User’s Submission in connection with the operation
of their Internet businesses (including, without limitation, all
ISLA Medical Services Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User’s
Submission; to publish User’s name in connection with User’s
Submission; and the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect to the use of User’s
Submission, as provided herein. ISLA Medical Services is under
no obligation to post or use any Submission User may provide and
ISLA Medical Services may remove any Submission at any time in
its sole discretion. By Posting a Submission User warrants and represents
to own or otherwise control all of the rights to User’s Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for User to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
User warrant and represent that (a) User is the copyright owner
of such Images, or that the copyright owner of such Images has granted
User permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose
of User’s use and as otherwise permitted by these Terms of
Use and the Services, (b) User have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and
(c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By
Posting Images, User is granting (a) to all members of User’s
private community (for each such Images available to members of
such private community), and/or (b) to the general public (for each
such Images available anywhere on the Services, other than a private
community), permission to use User’s Images in connection
with the use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Images without
having User’s name attached to such Images, and the right
to sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at
the time User completely remove such Images from the Services, provided
that, such termination shall not affect any licenses granted in
connection with such Images prior to the time User completely remove
such Images. No compensation will be paid with respect to the use
of User’s Images.
12.Disclaimer of Warranty; Limitation of Liability
A.USER EXPRESSLY AGREES THAT USE OF http://imshawaii.com
IS AT USER'S SOLE RISK. NEITHER ISLA Medical Services, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT http://imshawaii.com
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF http://imshawaii.com,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH http://imshawaii.com.
B.http://imshawaii.com IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ISLA Medical Services IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH USER.
D.IN NO EVENT WILL ISLA Medical Services , OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING http://imshawaii.com
OR THE ISLA Medical Services SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE http://imshawaii.com. USER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SITE.
E.IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ISLA Medical Services, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN http://imshawaii.com,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F.PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO
CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. ISLA Medical Services, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
ISLA Medical Services , NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
G.FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD,
WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE,
FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR
SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE
OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS
UNDER THIS AGREEMENT.
13.LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE ISLA Medical Services'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ISLA Medical Services AND ISLA Medical Services IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. ISLA Medical Services IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. ISLA Medical Services IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY ISLA Medical Services OF THE SITE.
ISLA Medical Services is a distributor (and not a publisher)
of content supplied by third parties and Users. Accordingly, ISLA Medical Services has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Users
or any other user of http://imshawaii.com, are those of
the respective author(s) or distributor(s) and not of ISLA Medical Services. Neither ISLA Medical Services nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any particular
purpose.
In many instances, the content available through http://imshawaii.com
represents the opinions and judgments of the respective information
provider, User, or other user not under contract with ISLA Medical Services. ISLA Medical Services neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement
made on http://imshawaii.com by anyone other than authorized
ISLA Medical Services employee spokespersons while acting in their
official capacities. Under no circumstances will ISLA Medical Services be liable for any loss or damage caused by a User's reliance
on information obtained through http://imshawaii.com. It
is the responsibility of User to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content
available through ISLA Medical Services. Please seek the advice
of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
14.UNSOLICITED IDEA SUBMISSION POLICY
ISLA Medical Services OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND
ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN ISLA Medical Services'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ISLA Medical Services. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ISLA Medical Services OR ANYONE AT ISLA Medical Services . IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT ISLA Medical Services MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
15.Monitoring
ISLA Medical Services shall have the right, but not the obligation,
to monitor the content of http://imshawaii.com, including
chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by ISLA Medical Services and
to satisfy any law, regulation or authorized government request.
ISLA Medical Services shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or posted
on http://imshawaii.com. Without limiting the foregoing,
ISLA Medical Services shall have the right to remove any material
that ISLA Medical Services, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
16.Indemnification
User agrees to defend, indemnify and hold harmless ISLA Medical Services, its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of ISLA Medical Services by User
or User's Account.
17.Termination
Either ISLA Medical Services or User may terminate this Agreement
at any time. Without limiting the foregoing, ISLA Medical Services shall have the right to immediately terminate User's Account
in the event of any conduct by User which ISLA Medical Services,
in its sole discretion, considers to be unacceptable, or in the
event of any breach by User of this Agreement.
18.Miscellaneous
This Agreement and any operating rules for http://imshawaii.com
established by ISLA Medical Services constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the state of Hawaii, United States
of America, without regard to its conflict of laws rules. No waiver
by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall
not be given any legal import.
19.COPYRIGHT NOTICE
ISLA Medical Services its logos are trademarks of ISLA Medical Services. All rights reserved. All other trademarks appearing on ISLA Medical Services are the property of their respective owners.
20.TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people
and events depicted herein are fictitious. No association with any
real company, organization, product, domain name, e-mail address,
logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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