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Southern Horizons Inc. d.b.a. Medical Software Tools
Terms and Conditions
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Please read these Terms
and Conditions
carefully before using this site or purchasing products or services. |
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1. BINDING AGREEMENT
2. PROFESSIONAL SERVICES DISCLAIMER
3. WARRANTY
4. LIABILITY
5. COPYRIGHT
6. POSTING
7. LINKS
8. TERMS OF SALE
9. APPLICABLE LAW AND VENUE
10. SEVERABILITY
11. WAIVER
12. INDEMNIFICATION
13. SERVICE AGREEMENT
14. COMPLETE AGREEMENT |
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1. BINDING AGREEMENT |
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By accessing this Website, you agree that these Terms and Conditions form a
binding agreement between you, Southern Horizons, Inc. d.b.a. Medical
Software Tools and MSR Technologies, Inc. (MST). MST is responsible for all
products and services provided under this D.B.A. If you do not wish to be bound by these Terms and
Conditions, do not use this Website or purchase from MST. MST reserves the right to
change these Terms and Conditions at any time; accordingly, you should
review these Terms and Conditions each time you view the Website or purchase
products or services. Your
continued use of this Website signifies that you agree to be bound by these
Terms and Conditions as they are amended. |
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2. PROFESSIONAL
SERVICES DISCLAIMER |
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The contents of the Website, such as text, graphics, images, information
obtained from MST's licensors, and other material ("Content") is for
informational purposes only. Any information furnished on this Website is
not intended nor implied to be professional advice and is not intended to
replace personal consultation with a qualified physician, pharmacist, other
health care professional, an accountant, or an attorney, as applicable.
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MST
has not examined the Content for accuracy, timeliness, completeness,
appropriateness, or helpfulness. MST does not endorse any specific
tests, products, procedures, opinions, or other information that may be
mentioned on this Website. Your reliance upon information and Content
obtained by you at or through this Website is solely at your own risk. We
assume no liability or responsibility for damage or injury (including death)
to you, other persons, or property arising from any use of any product,
information, idea, or instruction contained in the Content. |
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3. WARRANTY |
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You acknowledge that the information on the Website is provided "AS IS" for
general information only. MST DOES NOT MAKE AND HEREBY DISCLAIMS
ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING
THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE
PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL ELEMENTS. MST reserves the right to change or
discontinue at any time any aspect or feature of this Website. Information
and pricing on this Website are subject to change at any time without
notice. |
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4. LIABILITY |
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IN NO EVENT SHALL MST, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD
PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL
INJURY/WRONGFUL DEATH LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY,
FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR BUSINESS INTERRUPTION)
RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT
WHETHER OR NOT MSTIS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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You acknowledge that in connection with the Website, information will be
transmitted over local exchange, interexchange and Internet backbone carrier
lines and through routers, switches and other devices owned, maintained and
serviced by third party local exchange and long distance carriers,
utilities, Internet service providers and others, all of which are beyond
the control and jurisdiction of MST and its suppliers. Accordingly,
MST assumes no liability for or relating to the delay, failure,
interruption or corruption of any data or other information transmitted in
connection with use of the Website. |
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MST shall be liable only to the extent of actual damages incurred by
you, not to exceed U.S. $500.00. Any claims arising in connection with your
use of this Website or any Content must be brought within one (1) year of
the date of the event giving rise to such action. Your remedies are limited
to those expressly provided for in these Terms and Conditions. |
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5. COPYRIGHT AND OTHER
PROPRIETARY RIGHTS |
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The Content consists of copyrighted works proprietary to MST, its
licensors, or its suppliers. You may download and print a single copy of the
Content solely for your personal, non-commercial use. Any Content you
download or print may not be altered in any way and must contain the
following copyrighted notice: "Copyright (c) 2008 Southern Horizons,
Inc.under license to MST-Business Office Support and Solutions, Inc.
All Rights Reserved" and all other copyright and proprietary rights notices
which were contained in such Content. Any other use of the Content is
expressly prohibited without our prior written permission and any rights or
licenses to any tangible or intangible materials not expressly
granted herein are expressly reserved. Any unauthorized use
of any of the Content is a violation of law and subjects you to all civil
and criminal penalties provided for under domestic and international laws
covering such unauthorized use. |
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6. POSTING |
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You agree that you will not post any communications or content of any type
that infringe or violate any rights of any party. By submitting
communications or content to any part of this Website, you agree that such
submission is non-confidential for all purposes. If you post such
communications or content, you automatically grant-or warrant that the owner
of such content has expressly granted MST a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to include the work on the
Website (and to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform and display the communication
or content in any media or medium, or any form, format or forum now known or
hereafter developed). |
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7. LINKS |
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MST may provide links on the Website, via advertising and otherwise,
to other websites that are not under the control of MST. MST
does not endorse or make any warranty of any type regarding the content
contained on such websites or products and services offered therein. Your
use of such websites is at your own risk and MST is not liable to
you for any loss or damage you may suffer by your use of such websites. You
hereby waive any and all claims you may have against MST regarding
our inclusion of such links to third party websites or your use of those
websites. |
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8. TERMS OF SALE |
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All orders placed for products are final. Prices are subject to correction.
Special offers may be withdrawn at any time.
Telephone support is available to our customers at our standard phone
support rate.
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9.
APPLICABLE LAW AND VENUE |
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By accessing this Website both you and MST agree that the statutes
and laws of the State of Florida, without regard to conflicts of laws
principles thereof, will apply to all matters arising from or relating to
use of this Website, except where preempted by the federal laws of the
United States of America, in which case such U.S. federal law will apply.
You and MST also agree and hereby submit to the exclusive personal
jurisdiction and venue of
Hillsborough County, Florida with
respect to such matters. Those who choose to access this Website from
outside the United States do so on their own initiative and are responsible
for compliance with local laws.
Should it become necessary for MST to retain an attorney to collect
any amounts owed to MST under the terms of this Agreement,
MST will be entitled to recover in addition to its damages,
reasonable attorney's fees. |
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10.
SEVERABILITY |
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If any provision of these Terms and Conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect. |
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11. WAIVER |
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Any waiver of any of these Terms and Conditions shall not operate or be
construed as a continuing waiver of such term or condition or any other term
or condition. |
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12. INDEMNIFICATION |
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You agree to defend, indemnify and hold MST-Business Office Support and
Solutions, Inc. and Southern Horizons, Inc., its officers,
directors, employees, agents, licensors and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from (1) your breach of these Terms and
Conditions or (2) your unauthorized or unlawful use of this Website or the
Content. |
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13. SERVICE AGREEMENT |
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These Terms and Conditions govern your general access of and use of the
Website, however, your use of any other services offered by MST or
its affiliates is also governed by your agreement with MST or its
affiliates relating to the provision of such services (the "Service
Agreement"). You must enter into an independent Service Agreement in order
to receive such services. In the event that any provision of these Terms and
Conditions conflicts with any provision of the Service Agreement, the
Service Agreement will control. |
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14. COMPLETE AGREEMENT |
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Except for the Service Agreement, if any, these Terms and Conditions contain
the entire agreement between you and MST relating to your use of
this Website. |
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If you have any questions, please contact:
Southern Horizons, Inc. d.b.a. Medical Software
Tools
2750 SW County Road 307A
Trenton, Florida 32693
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