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Franklin & Seidemann Subspecialty Radiology (F&S) maintains this Web site as a service to its
clients and general public. By using Web sites owned and operated by F&S,
you are agreeing to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not agree to these
terms, you should not review information, obtain documents from this site or
purchase services from the company.
- ACCEPTANCE OF AGREEMENT. You agree to the terms
and conditions outlined in this Terms of Use “Agreement” with respect to the
company’s site (the “Web site”). This Agreement constitutes the entire and only
agreement between F&S and a user of the Web site (“User”), and supersedes
all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Web site, the content and services provided
by or through the Web site, and the subject matter of this Agreement. Users
agree to review this Agreement prior to reviewing any information or obtaining
any documents. This Agreement may be amended at any time by us without specific
advance notice to you, the User. The latest Agreement will be posted on the Web
site, and you should review the Agreement prior to using the Web site.
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COPYRIGHT. The content, organization, gathering,
compilation, magnetic translation, digital conversion and other matters related
to the Web site are protected under applicable copyrights, trademarks, service
marks, trade names and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or publication
by a User of any such content or any part of the Web site, except as allowed with
prior permission from Franklin & Seidelmann, is strictly prohibited. The User does not acquire ownership
rights to any content or document obtained through the Web site. The posting of
information or materials on the Web site does not constitute a waiver of any
right in such information and materials.
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LIMITED RIGHT TO USE. The viewing or downloading
of any content grants the User only a limited, nonexclusive license for use
solely by the User for his or her own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic or
mechanical, other than for the User's personal use (but not for resale or
redistribution).
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EDITING, Deleting and Modification. F&S
reserves the right in its sole discretion to edit or delete any documents,
information or other content appearing on the Web site.
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INDEMNIFICATION. User agrees to indemnify, defend
and hold F&S and its partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to a User's violation of this
Agreement or use of the Web site.
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NON-TRANSFERABLE. User's right to use the Web site
is not transferable. Any rights given to User to obtain forms are not
transferable.
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DISCLAIMER. The information, forms and
agreements from or through the site are provided “as-is,” “as available,” and
all warranties, express or implied, are disclaimed (including but not limited
to the disclaimer of any implied warranties of merchantability and fitness for
a particular purpose). The forms, agreements and documents may contain bugs,
errors, problems or other limitations. F&S and its affiliated parties have
no liability whatsoever for a user's use of any information,form or documents. In particular, but not as a limitation thereof, F&S and the affiliated parties are not liable for any indirect, special, incidental or
consequential damages (including damages for loss of business, loss of profits,
litigation, or the like), whether based on breach of contract, breach of
warranty, tort (including negligence), product liability or otherwise, even if
advised of the possibility of such damages. The negation of
damages set forth above are fundamental elements of the basis of the
bargain between F&S and user. This site and the information, forms,
agreements and documents would not be provided without such limitations.
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USE OF INFORMATION. F&S reserves the right,
and User authorizes F&S, to the use and assignment of all information
regarding Web site uses by User and all information provided by User in any
manner consistent with the F&S Privacy Policy.
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PERSONALLY-IDENTIFIABLE INFORMATION. This site only collects personally-identifiable
information from you if you choose to provide this information to us.
Personally-identifiable information collected with your consent may include,
for example, name, mailing address, e-mail address, telephone number, social
security number, date of birth, user id and password (if you have one), resume
information, information that you may supply in connection with applying for an
account with us, information about orders you place, any responses you choose
to provide to survey questions, or any inquires you may make through our Web
site.
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COOKIES. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. This site uses first and third party cookies (session and persistent), however
personally identifiable information is not collected through the use of
cookies. Cookies are used to determine whether a visitor is unique or whether a
visitor has viewed our site before. This site uses session cookies in our job
opportunity section of the Web site for single sign-on into the application and
persistent cookies for Web site traffic analysis. Cookies are also used in
sections of this site which require user log-in to authenticate and validate
users and to determine whether a user’s session is active or has timed-out.
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While most browsers are set to accept cookies by default, you can set yours to refuse cookies or to alert you
before accepting them. Your browser manufacturer has information on changing
the default setting for your specific browser.
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COPYRIGHTS and COPYRIGHT AGENTS. We respect the
intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Webmaster the following information: An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; A description of the copyrighted work that
you claim has been infringed; A description of where the material that you
claim is infringing is located on the site; Your address, telephone number, and
email address; A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; A
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
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For notice of claims of copyright infringement,
please contact the F&S Webmaster at the current address: Attention
Webmaster, 23625 Commerce Park Suite 204, Beachwood OH 44122 You can also email the Webmaster by sending
an email to marketing@fs-rad.com and
including “Webmaster” in the subject line.
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VIRUSES, WORMS,USE OF FILES. F&S cannot and does
not guarantee or warrant that files available for downloading from this site
are free of viruses, worms, Trojan horses or other code that has contaminating
or destructive properties. F&S does not make any express or implied
warranties, representations or endorsements whatsoever (including without
limitation warranties of title, non-infringement or fitness for a particular
purpose) with respect to the files available for downloading from this site. In
no event will F&S be liable to you or to anyone else for any decision made
or action taken by you or anyone else in reliance on results obtained from use
of files downloaded from this site. These files may be downloaded and/or
reprinted for personal use only. Permission to reprint or electronically
reproduce any document or graphic in whole or in part for any reason except for
personal use is expressly prohibited, unless prior written consent is obtained
from the appropriate F&S copyright holder.
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LINKS TO OTHER WEB SITES. This site contains
links to other Web sites. We are not responsible for the content, accuracy, or
opinions expressed in such Web sites, and such Web sites are not investigated,
monitored, or checked for accuracy or completeness by us. Inclusion of any
linked Web site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Web site and access these third party sites,
you do so at your own risk.
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DIGITAL MILLENNIUM COPYRIGHT ACT. F&S reserves the right, but not the
obligation, to terminate your access to the company’s Web site if it determines
in its sole and absolute discretion that you are involved in infringing
activity, including alleged acts of first-time or repeat infringement,
regardless or whether the material or activity is ultimately determined to be
infringing. F&S and its service providers accommodate and do not interfere
with standard technical measures used by copyright owners to protect materials.
If you choose to access any F&S web
sites from outside the United States you do so on your own initiative and are responsible for compliance with U.S.and local laws, if and to the extent that local laws are applicable. Software is subject
to United States export controls. No software may be downloaded or otherwise exported or
re-exported into any other country to which the U.S. has embargoed goods or to anyone to which the U.S. government denies access. You represent and warrant that you are not located in, under the control of, or a
national resident of any such country or on any such list. You agree to comply
with U.S. export control laws and that you will not transfer any software or other content
from F&S to a foreign national or foreign country in violation of those
laws.
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GENERAL. This site is owned by Franklin & Seidelmann Subspecialty Radiology. F&S reserves the right to monitor this site to ensure compliance with the Web Site Agreement and any applicable law or
regulation. The information about F&S products on this site is intended as
a general description, and do not include all terms and conditions applicable
to the products.
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TERMINATION. Either you or F&S may terminate this agreement at any time. You may
terminate this agreement by destroying all materials obtained from the Web site
and all related documentation and copies thereof. This agreement will terminate
immediately without notice from F&S if in F&S’s sole discretion you
fail to comply with any term or provision of this agreement.
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MISCELLANEOUS. This Agreement shall be treated
as though it were executed and performed in Beachwood, Ohio and shall be
governed by and construed in accordance with the laws of the State of Ohio
(without regard to conflict of law principles). Any cause of action of User
with respect to the Site (and/or information and agreements, thereon) must be
instituted within six (6) months after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in
the preceding paragraphs. The language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party. All legal proceedings arising out of or
in connection with this Agreement shall be brought solely in Cleveland, Ohio.
User expressly submits to the exclusive jurisdiction of said courts and
consents to extra-territorial service of process. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Failure of F&S to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce such
provision.
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