Please read these terms of service and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of use in addition to any other law or regulation that applies to the website, the Internet, and/or the World Wide Web. If you do not agree to these terms of service and conditions of use please do not use the website. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.
Disclaimer of Warranties
On Lok does not warrant that pacepartners.net (the “Web Site”) or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of On Lok, Inc. We reserve the right to change or discontinue at any time any aspect or feature of the Web Site.
In connection with the Web Site, 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 On Lok, Inc. Accordingly, we assume 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 Web Site.
Your use of and browsing of this Web Site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ON LOK MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEB SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ON LOK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ON LOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, ON LOK, INC. IS NOT RESPONSIBLE FOR THOSE COSTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL ON LOK, INC. OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE pacepartners.net WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ON LOK, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ON LOK, INC. SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Links
The Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement of those sites by pacepartners.net, On Lok, Inc. or any of its related corporations but is for your reference and convenience only. We do not continuously review the sites linked to the Web Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to pacepartners.net. We do not recommend or endorse any specific services or products that may be mentioned on or advertised in any linked site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use and Privacy Policies of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. On Lok, Inc. reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within pacepartners.net must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within pacepartners.net Web Site.
Copyrights
This Web Site is owned and operated by On Lok, Inc. All of the content featured or displayed on this Web Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by On Lok, Inc., its licensors and/or its content providers. All elements of the Web Site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. This Web Site, its Content and all related rights shall remain the exclusive property of On Lok, Inc. or its licensors unless otherwise expressly agreed.
Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Web Site without the prior consent of the copyright owner.
You may, however, make single copies of materials displayed on the Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from On Lok, Inc. or the copyright owner of the copied material.
None of the material contained on the Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of On Lok, Inc.
The Web Site is Copyright 2006 On Lok, Inc. All rights reserved.
Corporate Identification, Site Content & Trademarks
All trademarks, service marks and trade names of On Lok, Inc. used herein (including but not limited to: the On Lok name and the PACEpartners name) are trademarks or registered trademarks of On Lok, Inc. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Web Site, without On Lok, Inc.'s prior written consent. The use of the trademarks on any other website or network computer environment is not allowed. You may not use the trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
Termination
You agree that On Lok, Inc. may terminate your use of the Web Site if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of On Lok, Inc. or any third party or for any reason with or without notice to you. You agree that On Lok, Inc. may modify or discontinue the Web Site with or without notice to you. You agree that On Lok, Inc. will not be liable to you or any third party as a result of such modification or discontinuation.
Indemnification
You agree to defend, indemnify and hold On Lok, Inc. and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or the placement or transmission of any message or information on this Web Site by you or your authorized users.
Privacy
Please read our Privacy Policy.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute with On Lok, Inc. in any way relating to your use of pacepartners.net ("Legal Action") resides in the courts of the County of San Francisco, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Northern District of California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions are 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. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to pacepartners.net must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. We may change its ownership or corporate organization while providing the Web Site and services, and your agreement to these Terms and Conditions of Use shall be assignable without further consent. These Terms and Conditions are the entire agreement between the user and On Lok, Inc. and supersede any prior understandings or agreements (written or oral).
Survival
The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and General Provisions" will survive termination of this agreement.