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Legal
Terms, Conditions and Notices as of November 17, 2009
aPerfectPractice aka AperfectPractice aka APERFECTPRACTICE aka A Perfect Practice provides its Website, www.aperfectpractice.com (the "Website"), and its related services to you subject to the following notices, terms and conditions ("Terms of Use"). Please read these Terms of Use carefully BEFORE using the Website. Your continuing access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these Terms of Use, you may choose not to use the Website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by aPerfectPractice and shall be of no force or effect.
Any rights not expressly granted herein are reserved.
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. APERFECTPRACTICE MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE DISCRETION. The most current version of these terms can be reviewed by clicking on the "Terms of Use" link located at the bottom of our website pages. These notices, terms, and conditions are subject to change in the sole and absolute discretion of APerfectPractice. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the APerfectPractice website constitutes your continued acceptance to all such notices, terms and conditions as modified.
APerfectPractice may, in its sole discretion and without notice, deny any person or company's access to this Website or any portion thereof. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair any aPerfectPractice server or interfere with any other party's use and enjoyment of the Website and services offered herein. You may not attempt to gain unauthorized access to other's accounts, information, computer systems or networks connected to the aPerfectPractice server or to any of the services or products offered via the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
This Website, any portion of this Website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by APerfectPractice. aPerfectPractice reserves the right to refuse service, terminate account(s), and/or cancel orders in its discretion, including, without limitation, if aPerfectPractice believes that conduct violates applicable law, is harmful to the interests of aPerfectPractice and its affiliates or any other reason. aPerfectPractice further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.
Availability of this Website or particular information or services herein is subject to change without notice.
APerfectPractice does not sell products for or provide information or services to children. If you are under 18, you may use APerfectPractice only with involvement of a parent or guardian. APerfectPractice reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/ requests in its sole discretion.
APerfectPractice or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, suggestions, new promotions, new products or technologies, concepts, ideas, notes, processes, materials, marketing plans, new product names or other materials other than those it has specifically requested. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when APerfectPractice's products or marketing strategies might seem similar to ideas submitted to APerfectPractice. So, please do not send your unsolicited ideas to APerfectPractice or anyone at APerfectPractice. If despite our request that you not send us your ideas and materials, you still send them, please understand that APerfectPractice makes no assurances that your ideas and materials will be treated as confidential or proprietary. Unless otherwise agreed, APerfectPractice may edit, copy, publish, distribute, translate, and otherwise use in any medium any such materials that you forward to APerfectPractice and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise. APerfectPractice is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user's materials.
APerfectPractice may contain links to other websites ("Linked Sites"). Linking to such Linked Sites will let you leave the Website. Unless otherwise indicated, APerfectPractice is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of APerfectPractice and APerfectPractice is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. APerfectPractice does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. APerfectPractice is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by APerfectPractice. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
Linking to APerfectPractice from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, APerfectPractice's content without express written authorization from APerfectPractice. A Linking Site shall not create a frame, browser or border environment to APerfectPractice's content and a Linking Site shall not imply that APerfectPractice is endorsing it or its products without express written consent from APerfectPractice. The Linking Site shall not misrepresent the Linking Site's relationship with APerfectPractice, shall not provide false information about APerfectPractice's products or services, and shall not unlawfully use the copyrights or trademarks owned by APerfectPractice or others. Linking Sites shall abide by any and all applicable laws.
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED 'AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. APERFECTPRACTICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, APERFECTPRACTICE AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. APERFECTPRACTICE DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL APERFECTPRACTICE AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM APERFECTPRACTICE THROUGH THIS WEBSITE.
Copyright © 2009, aPerfectPractice, All rights reserved.
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of APerfectPractice, are the property of APerfectPractice and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY APERFECTPRACTICE IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of APerfectPractice and is protected by United States and international copyright laws. All software used on this site is the property of APerfectPractice or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by APerfectPractice pursuant to express authorization from the copyright owners or their agents. The content, images and software on this Website may be used as a shopping resource. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.
APerfectPractice, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website 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 of whether the material or activity is ultimately determined to be infringing. APerfectPractice accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), APerfectPractice has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to APerfectPractice in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
"APERFECTPRACTICE," along with all logos, other tradenames, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of APerfectPractice. APerfectPractice's trademarks may not be used in connection with any product or service that is not owned by APerfectPractice in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits APerfectPractice. Any trademarks not owned by APerfectPractice that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of APerfectPractice or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
APerfectPractice does not claim ownership of user submitted content (including text, audio, video, and otherwise) posted, transmitted or otherwise made available by you via the APerfectPractice website. By submitting content to APerfectPractice.com, you hereby irrevocably grant APerfectPractice a worldwide, non-exclusive, royalty-free, fully paid, restriction free license from the date you provide us with your material to distribute, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly perform, publicly display, broadcast, exhibit, sublicense, freely assign, create derivative works from and otherwise use and exploit any of same, or any part thereof, in any medium now known or hereinafter known, in any language and by any means or manners now or hereafter developed. You also hereby grant each user of the APerfectPractice website a non-exclusive license to access your submitted content through the APerfectPractice website, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the website and under the APerfectPractice Terms of Use described herein.
Unless otherwise specified, the materials on thise Website are presented solely to provide information regarding and to promote APerfectPractice's services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by APerfectPractice from its offices within the state of California, United States of America. APerfectPractice makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website, 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.
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.
This site is created and controlled by APerfectPractice in the State of California, USA. As such, the laws of the State of California will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.