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Terms of Service

Written by Jaime Galindo

Thursday, 07 April 2005

TERMS OF SERVICE Overview: This World Wide Web site with its home page hereinafter referred to as Website is an information service provided by OaksterdamNews.com, hereinafter referred to as OAKSTERDAM NEWS. The WEBSITE was created and is maintained by OAKSTERDAM NEWS which is headquartered in the State of California, in the United States of America, hereinafter referred to as OAKSTERDAM NEWS. This WEBSITE is provided to you, herinafter referred to as USER, at no charge with the express condition that USER agrees to be bound by the terms and conditions set forth in this document. OAKSTERDAM NEWS and/or OAKSTERDAMNEWS.COM reserves the right to change these terms and conditions at any time, and USER agrees to abide by the most recent version of this TOS. USER is advised to consult this TOS each and every time this WEBSITE is used or viewed. THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TOS") GOVERN YOUR USE OF THIS WEBSITE, AND ARE LEGALLY BINDING ON YOU (USER). IF YOU DO NOT AGREE WITH ANY ONE OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED WITHIN THIS WEBSITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS SETFORTH BELOW. 1. Disclaimer of Warranty a) OAKSTERDAM NEWS is providing this site, its contents and links on an “as is” and “as available” basis and makes no representations or warranties of any kind, express or implied with respect to this site, its availability, contents or information or products or services listed on the site. b) USER will hold harmless OAKSTERDAM NEWS and or OAKSTERDAMNEWS.COM (it’s shareholders, officers, directors, and employees from all claims arising out of or related to USER access to or inability to access WEBSITE. c) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. In consideration for use of and access to WEBSITE, you agree that in no event will OAKSTERDAM NEWS or any other party involved in creating, producing or delivering this WEBSITE or any site linked to this WEBSITE, be liable to USER in any manner whatsoever for any decision made or action or non-action taken by USER in reliance upon the information provided through this WEBSITE. 2. Medical Disclaimer a) USER should not rely solely on information provided in WEBSITE for their health needs. The material and content contained in WEBSITE is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. All specific medical questions should be presented to USER’S own health care provider. b) OAKSTERDAM NEWS makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in WEBSITE. OAKSTERDAM NEWS does not assume any risk for WEBSITE. USER of WEBSITE should be aware that information about health care changes constantly; since WEBSITE is only updated periodically, it may not contain the most recent information. OAKSTERDAM NEWS and OAKSTERDAM NEWS reserves the right to update or change information contained in WEBSITE at any time. OAKSTERDAM NEWS and OAKSTERDAMNEWS.COM make no warranties of any kind regarding WEBSITE. In no event will OAKSTERDAM NEWS or any of the contributors to the WEBSITE be liable to USER or anyone else for any decision made or action taken on reliance of information found on WEBSITE. Opinions and recommendations contained in WEBSITE are not necessarily those of OAKSTERDAM NEWS, nor are they endorsed by OAKSTERDAM NEWS. c) The use of WEBSITE does not create a physician-patient relationship and does not obligate OAKSTERDAM NEWS to follow-up or contact USER. 3. Limitation of Liability a) USER will hold harmless OAKSTERDAM NEWS and OAKSTERDAMNEWS.COM (it’s shareholders, officers, directors, and employees from all claims arising out of or related to USER access to or inability to access WEBSITE. b) OAKSTERDAM NEWS and OAKSTERDAM NEWS does not warrant that the WEBSITE will operate error-fee or that the site and its server are free of computer viruses and other harmful goods or conditions. If use of WEBSITE or it’s content (defined below Section 4b) results in the need for servicing or replacing equipment or data, OAKSTERDAM NEWS and OAKSTERDAM NEWS.COM are not responsible for those costs. 4. Copyrights and Copyright Notices a) OAKSTERDAM NEWS and OAKSTERDAMNEWS.COM respects the intellectual property of others, and demand the same. b) The entire content of WEBSITE INCLUDING BUT NOT LIMITED TO(software, photos, video, text, graphics, music, sounds or other material (collectively “CONTENT”) is copyrighted and any attempt to infringe upon these materials will subject USER or organization to criminal and civil penalties as prescribed by law. You may not modify, publish, transmit, participate in the transfer or sales, create derivative works, or in any way exploit, any of the CONTENT of WEBSITE, in whole or part. c) Modification of CONTENT or use of CONTENT for any purpose, including use of any such CONTENT on any other web site, internet device, or networked computer environment is strictly prohibited and punishable by law. d) If WEBSITE contains any work that USER believes constitutes a copyright infringement, you must contact the OAKSTERDAM NEWS Agent through http://OAKSTERDAM NEWS contact form. 5. Links a) WEBSITE may provide links to other websites which are not sponsored by OAKSTERDAM NEWS or OAKSTERDAMNEWS.COM. These links are provided as a convenience only. Because OAKSTERDAM NEWS AND OAKSTERDAMNEWS.COM has no control over such sites and resources, OAKSTERDAM NEWS and OAKSTERDAMNEWS.COM are not responsible for information appearing in links or for the availability of such external sites or resources. b) OAKSTERDAM NEWS and or OAKSTERDAMNEWS.COM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. However in the event that you, the user have a concern or claim to report for our review, you may submit that concern or claim via the OAKSTERDAM NEWS Agent through http://OAKSTERDAM NEWS contact form. 6. Governing Law These TOS shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in Alameda county of the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and OAKSTERDAM NEWS relating to the subject matter herein and shall not be modified by USER except in writing and signed by both parties. The TOS will inure to the benefit of OAKSTERDAM NEWS successors, assigns and licensees. 7. Indemnification You agree to hold agree to indemnify, defend and hold harmless OAKSTERDAM NEWS along with their officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of WEBSITE or your violation of the terms or conditions of this agreement (the TOS).

Last Updated ( Monday, 04 December 2006 )

 

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