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SymTrend, Inc.
Website Terms of Use

SymTrend has made every effort to provide you with a set of tools to help you. The proper use of SymTrend is subject to the following restrictions on you and your use of SymTrend.

Copyright and Trademark Notice Site Content and Information
Username and Password Indemnity
Copyright Complaints Third Party Sites
Privacy Disclaimer and Limitation of Liability
Billing Miscellaneous

Your use of this SymTrend, Inc. website is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this site, you agree to the electronic transmission of personal medical information and you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this "Agreement"). If you do not agree to these terms and conditions, you may not use this site. We reserve the right to make changes to this site and to these terms of use at any time. Any such modifications will become effective upon the date they are first posted to this site.

Copyright and Trademark Notice
All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of SymTrend, Inc., Copyright © 2001 SymTrend, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

SymTrend and the SymTrend logo are trademarks of SymTrend, Inc. All other marks, names, and logos mentioned herein are the property of their respective owners.

Site Content and Information
Our website may contain information, advice, text, and other materials ("Information") that are provided for your convenience. You should be aware that the Information may contain errors, omissions, inaccuracies, or outdated information. SymTrend, Inc. makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, third party products or publications do not imply endorsement of that product or publication.

The Information is not intended to provide medical advice or treatment. If medical advice or other expert assistance is desired, the services of a competent and qualified clinician should be sought. If you think you have a medical emergency, call your clinician immediately.

SymTrend, Inc. does not recommend or endorse any specific tests, products, treatments, opinions or other information available on our site. SymTrend, Inc. will not be liable for your reliance on any such specific tests, products, treatments, opinions or information resulting in loss, injury or illness.

SymTrend, Inc. makes no representations or warranties that any of the people posting information on our site are registered under the Medical Act of 1983. SymTrend, Inc. will not be liable for any reliance on our site for medical advice, diagnosis or treatment resulting in any loss.

Username and Password
In order to access the services at our website, you will be required to supply your user name and password. You are responsible for maintaining the confidentiality of your user name and password. Do not provide your user name and password to a third party. SymTrend, Inc. will not be liable for any damage or loss you may incur as a result of unauthorized use of your user name and password. You must immediately notify us of any unauthorized use of your user name and password.

You, as the patient, are the only user authorized to access your information, unless you choose to authorize a clinician to view your information. You may change or revoke such authorization at any time by updating the "Choose Clinician" field of your profile. You agree that we are entitled to grant access to your information to anyone entering your user name and password and any clinician you have authorized. We reserve the right to deny access under certain circumstances.

Indemnity
You agree to indemnify and hold SymTrend, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of any SymTrend, Inc. website, your violation of this Agreement, or your negligent or intentional violation of any rights of another.

Copyright Complaints
SymTrend, Inc. and its affiliates respect the intellectual property of others. SymTrend, Inc. will investigate any notice of alleged copyright infringement properly delivered, and will take appropriate action under the Digital Millennium Copyright Act, Title 17 U.S.C., Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of any claim of copyright infringement must be submitted to the following designated agent for this site:

Agent:  Minna Levine, PhD
Service Provider:  SymTrend, Inc.
Address:
     89 Bay State Rd.
     Belmont, MA 02478-2240
Telephone Number:  (617) 484-7510
Email Address:  mlevine@symtrend.com


In order to constitute an effective notice of alleged infringement, the notification must include the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SymTrend, Inc. to locate the material;
  4. Information reasonably sufficient to permit SymTrend, Inc. to contact the complaining party, such as an address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or other laws;
  6. A statement made under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Third Party Sites
This website may contain hyperlinks to websites operated by parties other than SymTrend, Inc. Such hyperlinks are provided for your reference only. SymTrend, Inc. does not control such websites and is not responsible for their contents. SymTrend, Inc.'s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Privacy
SymTrend, Inc. is concerned with protecting your privacy. You may read the most recently published privacy policy statement on the site on the Privacy Page. This policy may be changed at any time, with or without written notice. All changes to the privacy policy will be posted on this website.

Disclaimer and Limitation of Liability
SYMTREND, INC. AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION OR YOUR USE OF THIS WEBSITE OR ANY OTHER SYMTREND, INC. WEBSITE. SYMTREND, INC. AND ITS SUPPLIERS EXCLUDE ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES AGAINST INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SYMTREND, INC. DOES NOT WARRANT THAT THE INFORMATION OR SYMTREND, INC. WEBSITE IS OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. THE INFORMATION AND SYMTREND, INC. WEBSITES ARE PROVIDED "AS IS" AND YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, WILL SYMTREND, INC. OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THE USE OR INABILITY TO USE THE INFORMATION OR ANY SYMTREND, INC. WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO SYMTREND DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY ADDITION OR MODIFICATION TO THIS WARRANTY. SOME STATES/LOCALITIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Billing
Subscription fees for the services offered at our site are set forth in the Schedule of Fees.

Miscellaneous
This Agreement constitutes the entire agreement between you and SymTrend, Inc. with reference to SymTrend, Inc. websites. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA, except for those dealing with conflicts of law. In the event of any dispute involving SymTrend, Inc. websites, SymTrend, Inc. and you each consent to exclusive jurisdiction and venue in either the state or federal courts in the Commonwealth of Massachusetts and agree that the prevailing party shall be entitled to its reasonable attorney fees and costs. Use of any SymTrend, Inc. website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

Last updated, April, 2008.
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