SOMAmedical - Terms of Use

Introduction

Welcome to SOMAmedical.com. This Site is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms.

SOMAmedical.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the SOMAmedical.com Web Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web Site.

Copyrights and Trademarks

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by SOMAmedical.com, one of its affiliates or by third parties who have licensed their materials to SOMAmedical.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of SOMAmedical.com and is also protected by U.S. and international copyright laws.

SOMAmedical.com, Ltd. and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web Site. Access to this Web Site does not confer and shall not be considered as conferring upon anyone any license under any of SOMAmedical.com's or any third party's intellectual property rights.

The SOMA Medical Assessments names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of SOMA Medical Assessments, Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this web Site. Access to this webSite does not authorize anyone to use any name, logo or mark in any manner.

References on this Web Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply SOMAmedical.com's endorsement, sponsorship or recommendation of the third party, information, product or service. SOMAmedical.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Use of this Site

This Site and all its contents are intended solely for the commercial use of SOMA Medical Assessments clients. You may not download or copy the contents and other downloadable materials displayed on the Site for your personal use. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Site or any related software.

All software used on this Site is the property of SOMAmedical.com or its suppliers and protected by Canadian and international copyright laws. The content and software on this Site may be used only as a booking resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. SOMAmedical.com® is a registered trademark of SOMA Medical Assessments, Ltd. and SOMAmedical.com®.

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

(a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"

(d) sending unsolicited email, including promotions and/or advertising of products or services; or

(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

The failure of Company to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Canadian law as such law applies. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the Province of Ontario or Federal courts of Canada.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to SOMAmedical.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain SOMAmedical.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to SOMAmedical.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SOMAmedical.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

SOMAmedical.com is and shall be under no obligation

(1) to maintain any Comments in confidence;

(2) to pay to user any compensation for any Comments; or

(3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the SOMAmedical.com Web Site.

However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted by you shall be and remain the exclusive property of SOMAmedical.com. Your submission of any such Comments shall constitute an assignment to SOMAmedical.com of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. SOMAmedical.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Indemnification

You agree to defend, indemnify and hold SOMAmedical.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination

These terms are effective unless and until terminated by either you or SOMAmedical.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. SOMAmedical.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in SOMAmedical.com's sole discretion you fail to comply with any term or provision of this Agreement.

Upon any termination of the Agreement by either you or SOMAmedical.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or SOMAmedical.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site.

SOMAmedical.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in SOMAmedical.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or SOMAmedical.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Disclaimer

THIS SITE IS PROVIDED BY SOMAmedical.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOMAmedical.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOMAmedical.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SERVICES AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, SOMAmedical.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY SERVICES OFFERED ON THIS SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SOMAmedical.com WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY SERVICE WARRANTY OR GUARANTEE OFFERED BY HEALTH PROFESSIONALS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SOMAmedical.com OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOMAmedical.com WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SOMAmedical.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL SOMAmedical.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.