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Sharp Labs Inc. - Disclaimer
The use of and
access to the information, materials and/or services
("Information") on this site is subject to the terms and
conditions set out in the Agreement to use this site. Please
review this Agreement, including the Privacy Statement and
Disclaimer set forth herein, prior to proceeding further. All
Information provided on this site is presented in summary form
only to aid your general understanding, and should not in any way
be construed as or used as a substitute for advice of a qualified
medical professional or for qualified medical instruction for any
specific clinical situation. This Information is presented "AS IS"
without warranty as to its accuracy, reliability, timeliness,
usefulness, medical viability or completeness.
Agreement
to Use This Web Site
PLEASE READ THESE TERMS OF AGREEMENT [AND
PRIVACY STATEMENT and DISCLAIMER] CAREFULLY BEFORE USING THIS
SITE. By using this Site (as hereinafter defined), you signify
your agreement to these terms. If you do not agree to these terms
and description, please do not use the Site.
Restrictions
on Use of Information This Site is operated by Sharp Labs
Incorporated and/or certain of its affiliates (individually and
collectively referred to from time to time as - S-Labs, SLABS,
Sharp Labs. No Information from this Web Site operated, licensed
or controlled by Sharp Labs Inc. may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way, except that you may download one copy of the Information on
any single computer for your personal, noncommercial home use
solely for the general purposes described herein, and provided
that you keep intact all copyright and other proprietary notices
and that you in no manner modify the text, format or content of
such Information. Modification of the Information or use of the
Information for any other purpose is a violation of Sharp Labs
copyright and other proprietary rights. For purposes of this
Agreement, you acknowledge and agree that the use of any such
Information on or in connection with any other Web site or
networked computer environment is expressly prohibited.
In
the event you download software from this Site, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software") are licensed to you by Sharp Labs Inc. for the limited
purposes of general informational materials to be discussed with
your qualified expert advisors, including where such Information
pertains to medical or drug product information, your qualified
medical professional (or if your are a qualified medical
professional, for purposes of general informational materials but
subject at all times to your best professional medical judgment ,
training and experience) . Sharp Labs Inc. does not transfer title
or any other rights in or to the Software to you, except only the
limited license rights expressly set forth in the foregoing
sentence. Accordingly, while you own the medium on which the
Software is recorded, you agree that Sharp Labs Inc. retains full
and complete title to the Software, and all intellectual property
rights therein, and you further agree that you may not
redistribute, sell, decompile, reverse engineer, disassemble or
otherwise reduce the Software to a human-perceivable form.
In addition, please also refer to any disclaimers or
restrictions set forth by the particular Sharp Labs Inc.
subsidiary on the particular Site you are accessing, as such
disclaimers and restrictions apply in addition to, and without
waiver or limitation of, any disclaimers and restrictions set
forth herein
Jurisdictional Issues
This Site is
controlled and operated by Sharp Labs Inc. from its offices within
the State of Massachusetts and Florida, United States of America.
Sharp Labs Inc. makes no representation that Information in the
Site is appropriate or available for use in other locations. If
you access the Site from other locations, you do so in your own
judgment and on your own initiative and are responsible for
compliance with your local and all other laws which may be
applicable to your particular use. Please be advised that Software
from the Site may be subject to United States export controls, the
responsibility for compliance with which will be yours alone. By
way of example and not of limitation, you acknowledge and agree
that, at a minimum, no Software from these Sites may be downloaded
or otherwise exported or re-exported: (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any
other country subject to United States export control
restrictions; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders. By downloading or using the
Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such
country or on any such list.
Disclaimer
Among other
things, this Site may contains Information relating to specific
medical conditions and their treatment. Any Information on this
Site, and particularly any such Information relating to medical
conditions and their treatment, is solely for general
informational purposes and is not intended as, shall not operate
nor be construed to be, and is no substitute for the advice
provided by your own qualified expert advisors, including with
respect to any such Information relating to medical conditions and
their treatment, the advice of your own qualified physician or
other qualified medical professional. As an express inducement to
Sharp Labs Inc. to permit you to use the Site, you represent and
warrant that you will not under any circumstances use the
Information contained herein for other than general informational
purposes, that you will instead always rely upon the advice of
your qualified expert advisors, and that in particular, you will
never under any circumstances use Information contained herein for
evaluation, diagnosing, managing or treating a health or fitness
problem, condition or disease, and that you will instead always
consult and rely upon the advice your own qualified physician and
medical advisors respecting evaluation, diagnosis, management or
treatment of any such condition or disease. You further
acknowledge that all Information provided on this Site,
particularly any Information relating to medical conditions and
their treatment or patient evaluation, diagnosis, or management,
is presented in summary form only, and you understand that you are
not permitted to, and you warrant and represent that you will, not
rely upon it as or consider it to be complete or exhaustive or to
cover all disorders or conditions, or their treatment.
If
you are a medical professional, then in addition to the foregoing,
you also acknowledge that the Information provided on the Site is
for general informational purposed only, and you warrant and
represent that you will only use such Information for such
purposes, and that any such use is further subject to your expert
judgment, training and experience as a qualified medical
professional and to your compliance with all laws and standards of
all relevant medical boards and communities, including those
specialties in which you practice.
All Information on this
Site is only presented to aid your broad understanding and
knowledge, subject to your own physician (or, if you are a
qualified medical professional, subject to your) providing
appropriate critical professional evaluation of the accuracy,
completeness, medical viability, currency, and relevance of such
opinions and Information. Accordingly, you acknowledge that such
opinions and Information are not, and you warrant and represent
that you will not under any circumstances construe or consider
such opinions or Information to be, professional medical advice or
instruction, or to be used in any manner as a substitute for
consultation and treatment with a qualified medical professional.
If you are a medical professional, you also acknowledge and agree
that you must never disregard or deviate from the accepted
standard of medical care in your medical community or the accepted
standard of care as established by your medical authorities,
because of something you have seen here. We request and you agree
that before taking any action on any matter referenced herein,
that you first fully discuss any such matters you encounter herein
with your medical professional, and if you are a medical
professional, that you assess the matter in accordance with your
expert judgment, experience, training and in accordance with all
laws and standards of relevant medical boards and communities
(including those specialties in which you practice). While Sharp
Labs Inc. uses reasonable efforts to include accurate and
up-to-date Information in their Site, Sharp Labs Inc. makes no
warranties or representations as to its accuracy, completeness or
currency. Sharp Labs Inc. assumes no and disclaims any and all
liability or responsibility for any errors or omissions in the
content of this Site. Sharp Labs Inc. has not monitored or
reviewed, nor does it make a practice of monitoring or reviewing,
all of the sites that may be linked to its Sites, and Sharp Labs
Inc. assumes no and disclaims any and all liability or
responsibility for or resulting or arising in any manner from the
content of any off-Site, linked pages or any other sites linked to
this Site, or for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger or inaccuracy
contained in any information contained therein. You agree that
your linking to any off-Site pages is at your own risk.
As
an express inducement to Sharp Labs Inc. to permit you to use this
Site, you warrant and represent that you shall not post or
transmit any abusive, misleading, deceptive, fraudulent, unlawful,
threatening, libelous, defamatory, offensive, obscene,
inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or
would otherwise violate the law (including the infringement of any
trademark, copyright, patent or other intellectual property rights
of another), and you understand that if you do so, you will be
liable to fully indemnify Sharp Labs Inc. therefrom, and that you
may also be subject to prosecution to the fullest extent of the
law . Without waiver or limitation of any of the foregoing, Sharp
Labs Inc. reserves the right to block or remove communications or
materials from this Site that are determined to be: abusive,
misleading, deceptive, fraudulent, unlawful, threatening,
libelous, defamatory, offensive, obscene, inflammatory,
pornographic or profane; in violation of a law (whether civil or
criminal in nature) or in violation of or which infringe a
copyright, trademark, patent or other intellectual property right
of another; or are otherwise unacceptable to Sharp Labs Inc. in
its discretion.
Sharp Labs Inc. cannot and does not make
any warranty against human and machine errors, omissions, delays,
interruptions or losses, including loss of data. Sharp Labs Inc.
cannot and does not guarantee or warrant that files available for
downloading from this online Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties.
THE INFORMATION
IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, SHARP LABS INC. DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. SHARP LABS INC. DOES NOT WARRANT OR REPRESENT
AND SHARP LABS INC. EXPRESSLY DISCLAIMS ANY WARRANTY OR
REPRESENTATION THAT THE INFORMATION OR ANY FUNCTIONS CONTAINED IN
THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHARP
LABS INC. DOES NOT WARRANT OR REPRESENT AND SHARP LABS INC.
EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE
USE OR THE RESULTS OF THE USE OF THE INFORMATION IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENCY,
MEDICAL VIABILITY OR OTHERWISE. YOU (AND NOT SHARP LABS INC.)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. TO THE EXTENT THAY APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SOME PORTION OF THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Limitation of
Liability
Sharp Labs Inc. provides the contents of this Site
for general informational purposes and for your general interest
and entertainment only. By using the Site you hereby agree not to
rely on any of the Information contained herein. Under no
circumstances, including, but not limited to, negligence, shall
Sharp Labs Inc. be liable for your use of or reliance upon any
such Information, nor shall BI be liable in any manner for any
direct, incidental, special, consequential, indirect or punitive
damages that result from the use of, or the inability to use, or
your reliance upon the Information in this Site or the Information
in any sites or pages linked to these Sites, even if Sharp Labs
Inc. or its authorized representatives have been advised of the
possibility of such use, reliance or damages. Applicable law may
not allow or may impose restrictions upon the limitation or
exclusion of liability or incidental or consequential damages, and
to that extent, the above limitation or exclusion may not apply to
you. In no event shall Sharp Labs total liability to you for all
damages, losses, and causes of action [whether in contract, tort
(including, but not limited to, negligence) or otherwise] exceed
the amount paid by you, if any, for accessing this Site.
Privacy Statement
The information gathered on this site
will be used for aggregate research, promotional purposes and for
future site development. You are not required to register to
access these sites. To protect the privacy of our registered
users, your information will not be sold or forwarded to a third
party (other than a Sharp Labs Inc. agent), and will be accessible
only by Sharp Labs Incorporated, its affiliates and agents. We
appreciate your interest and hope that you enjoy visiting our
sites.
Future Contact
It is possible that we may
contact you from time to time in connection with such matters as
site announcements, promotional information, product sampling
opportunities and research requests. If you do not wish to be
contacted, be sure to contact Sharp Labs Inc.: By e-mail:
sharplab@earthlink.net OR By U.S. mail: Attn:
Public
Affairs Sharp Labs Inc. Corporation 100 New State Hwy # 292,
Raynham, MA 02767
Other This Agreement shall be governed
by and construed in accordance with the laws of the State of MA,
without giving effect to any principles of conflicts of law. If
any provision of this Agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the entire
Agreement between the parties relating to the subject matter
herein.
2006 Sharp Labs Inc. "All Rights Reserved"
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