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TERMS AND CONDITIONS
Access Consulting & Trading, Inc. maintains this Website as a service to the Internet community, as well as to the small- to mid-sized business community. Access Consulting & Trading, Inc. permits users to search this site for the purpose of accessing information and purchasing products and services to market and advertise your business. By visiting this Website and/or using or purchasing goods and/or services from or through this Website, you agree to be subject to the terms and conditions set forth herein and all applicable laws. Access Consulting & Trading, Inc. may revise these terms and conditions from time to time, with or without notice, at Access Consulting & Trading, Inc.'s sole discretion, by updating this posting. This is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). These Terms and your acceptance thereof represents the entire agreement between you and Access Consulting & Trading, Inc, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by Access Consulting & Trading, Inc. or by written agreement by an authorized officer of Access Consulting & Trading, Inc. (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.) The Terms and the relationship between you and Access Consulting & Trading, Inc. shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America, without reference to its principles of conflicts of law.
REGISTRATION
When you register with Access Consulting & Trading, Inc., you become a potential "client" of Access Consulting & Trading, Inc. As a client, you will have access to information and services exclusive to clients of Access Consulting & Trading, Inc. By registering with Access Consulting & Trading, Inc., you agree to receive a copy of Access Consulting & Trading, Inc.'s newsletter, as well as other special Access Consulting, Inc. offers that may arise from time to time. Should you not wish to receive the newsletter or any related such mailings, you may unsubscribe by providing the required information at customerservice@accessconsulting.net. User Data Pursuant to Access Consulting & Trading, Inc.
Privacy Statement (http://www.accessconsulting.net/privacy.htm), Access Consulting & Trading, Inc. may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the Access Consulting & Trading, Inc. privacy policy, as may be amended from time to time. Service & Content Access Consulting & Trading, Inc. makes no guarantee as to the availability of its Website and/or of the products and/or services available therein or there through. Access Consulting & Trading, Inc. is not responsible for the content of any Web page hosted or linked through Access Consulting & Trading, Inc., and the opinions and views expressed in the Web pages hosted or linked through Access Consulting & Trading, Inc. do not necessarily reflect those of Access Consulting & Trading, Inc. The contents of the Web pages hosted or linked through Access Consulting & Trading, Inc. are not reviewed in any way before they appear. Access Consulting & Trading, Inc. services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws. No material may be published on Web pages hosted through Access Consulting & Trading, Inc. that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Websites be tolerated within the Web pages hosted through Access Consulting & Trading, Inc. Much of the content and many of the goods and services offered on or through Access Consulting & Trading, Inc. are provided by third parties, usually known as "Affiliates", under contract with Access Consulting & Trading, Inc. When you access such content or purchase such goods or services, you are contracting with an Affiliate and not with Access Consulting, Inc. Access Consulting & Trading, Inc. make reasonable commercial efforts to assure that its Affiliates are reputable but cannot guarantee the content, goods and/or services that they provide. If you experience a problem with the content, goods and/or services accessed from the Affiliates through Access Consulting & Trading, Inc., please notify us at info@accessconsulting.net. Access Consulting & Trading, Inc. may investigate complaints but Access Consulting & Trading, Inc. is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of Access Consulting & Trading, Inc. Notice of problems encountered in accessing such content or purchasing such goods or services through Access Consulting & Trading, Inc. Affiliates should be directed to: By Mail: Access Consulting & Trading, Inc.. - Biz Development 14331 SW 120th St Unit #103, Miami FL 33186; by e-mail: info@accessconsulting.net. Notices of such problems should contain the following information: Identification of the Affiliate with whom there is a problem; Identification and description of the nature of the problem; the address, telephone number, or email address of the complaining party. A statement, under penalty of perjury, that the information in the notification is accurate. Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with an Access Consulting & Trading, Inc.-hosted Website listed as the contact address, or any use of Access Consulting & Trading, Inc.’s services or systems associated in any way with such mailings is strictly forbidden. Access Consulting & Trading, Inc. will immediately terminate, without any warning, the account of any Member who conducts these activities. Access Consulting & Trading, Inc. also reserves the right to remove members who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. Access Consulting & Trading, Inc. reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. Access Consulting & Trading, Inc. prohibits all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your Access Consulting & Trading, Inc. account without any prior notice. It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in Access Consulting & Trading, Inc.’s sole discretion. Further, Access Consulting & Trading, Inc. shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by Access Consulting & Trading, Inc. in its sole discretion to appropriate government authorities, credit reporting services, financial institutions, and credit card companies. It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of Access Consulting & Trading, Inc., or its Internet access provider, or any of its hosts, or any of its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at Access Consulting & Trading, Inc. - info@accessconsulting.net. Access Consulting & Trading, Inc. may investigate complaints, but Access Consulting & Trading, Inc. is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of Access Consulting & Trading, Inc. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to: Access Consulting & Trading, Inc. - Breach Complaints 4818 Washington Blvd. St. Louis, MO 63108; By e-mail: info@accessconsulting.net Notices of such problems should contain the following information: Identification of the security or firewall system that complainant believes was breached or on which a breach was attempted; Identification of the individual or entity who has attempted to or actually committed the breach; Identification and description of the nature of the attempted or actual breach. The address, telephone number, or email address of the complaining party. A statement, under penalty of perjury, that the information in the notification is accurate. Access Consulting & Trading, Inc. and its Affiliates shall not have any obligation to refund payments made by Members terminated for violating these Terms. Access Consulting & Trading, Inc. reserves the right to terminate in its sole discretion any Member's Website or link because of the traffic or bandwidth requirement of such Website.
REPORTING A VIOLATION OF TERMS OF SERVICE
If you witness a violation of these Terms, please notify us at Access Consulting & Trading, Inc. By Mail: Access Consulting & Trading, Inc. - Biz Development info@accessconsulting.net . Access Consulting & Trading, Inc. may investigate complaints, but Access Consulting & Trading, Inc. is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of Access Consulting & Trading, Inc. Notice of violations of these Terms should be directed to: Access Consulting & Trading, Inc. - Term Violations, By Mail: Access Consulting & Trading, Inc. - Biz Development 14331 SW 120th St Unit #103, Miami FL 33186; By e-mail: info@accessconsulting.net, Inc. Notices of such problems should contain the following information: Identification of the individual or entity which complainant believes has violated these Terms; Identification and description of the nature of the violation; The address, telephone number, or email address of the complaining party; A statement, under penalty of perjury, that the information in the notification is accurate.
INTELLECTUAL PROPERTY INFRINGEMENT
It is Access Consulting & Trading, Inc.’s policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. Access Consulting & Trading, Inc. will terminate all Members and users who are repeat infringers of intellectual property laws.
COPYRIGHT INFRINGEMENT
Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, Access Consulting & Trading, Inc. will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. Notices of copyright infringement should be directed to: Access Consulting & Trading, Inc. - info@accessconsulting.net. Notices of copyright infringement should contain the following information: A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of infringing activity; The address, telephone number, or email address of the complaining party; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. When Access Consulting & Trading, Inc. removes or disables access to any material claimed to be a copyright infringement, Access Consulting & Trading, Inc. may attempt to contact the user or Member who has posted such material in order to give that user or Member an opportunity to respond to the notification although Access Consulting & Trading, Inc. makes no promise to do so. Any and all counter notifications submitted by the user or Member will be furnished to the complaining party. Access Consulting & Trading, Inc. will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Access Consulting & Trading, Inc. replaces or restores access to any material as a result of any counter notification.
LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF accessconsulting.net AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL Access Consulting & Trading, Inc. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE accessconsulting.net AND/OR ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS Website, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE Website IS TO STOP USING accessconsulting.net.
WARRANTY LIMITATION
www.accessconsulting.net AND ITS CONTENT, www.electronicmedicalrecordsexperts.com AND IT'S CONTENT, as well as any other Access Consulting & Trading, Inc. website and its content ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH Access Consulting & Trading, Inc. IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY Access Consulting & Trading, Inc.
SEVERABILITY
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
WAIVER OF JURY TRIAL
Both you and Access Consulting & Trading, Inc. hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Access Consulting & Trading, Inc. each acknowledge: that the waiver is a material inducement for each party to enter into a business relationship; that each party has already relied on the waiver in entering into these Terms; and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
MISCELLANEOUS
These Terms shall bind and benefit the successors and heirs of the parties. By visiting this Website and/or using or purchasing goods and/or services from or through this Website, you consent to the federal and state court of the Commonwealth of Florida having jurisdiction over you.
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