International Occupational & Environmental Medicine Consulting Group (“IOEMCG”) PROVIDES THE IOEMCG WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. IOEMCG RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBSITE AND ITS CONTENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
- GENERAL TERMS
2. WARRANTY DISCLAIMER
2.1 THIS SITE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
2.2 IOEMCG, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
2.3 Although IOEMCG attempts to ensure the integrity and accurateness of the Content, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that Ioemcg.com could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform IOEMCG so that it can be corrected.
- WEBSITE ACCESS
3.1 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to access or attempt to access Ioemcg.com. You agree not to collect or harvest any personally identifiable information, including account names, or any of the Content, from Ioemcg.com, nor to use the communication systems provided by Ioemcg.com for any commercial solicitation or illegal or improper purposes.
3.2 Notwithstanding the foregoing, IOEMCG grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. IOEMCG reserves the right to revoke these exceptions either generally or in specific cases.
4.1 You agree to defend, indemnify and hold harmless IOEMCG, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the Ioemcg.com website;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and
(d) any claim that your use of the Site caused damage to another third party.
- LIMITS ON THIRD PARTY SUBMISSIONS – DIGITAL MILLENNIUM COPYRIGHT ACT
5.1 You understand that when using the Ioemcg.com website, you will be exposed to information generated by third parties (“Third Party Submissions”) from a variety of sources, and that IOEMCG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IOEMCG with respect thereto, and agree to indemnify and hold IOEMCG, its owners, operators, affiliates, agents and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5.2 IOEMCG does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and IOEMCG expressly disclaims any and all liability in connection with Third Party Submissions. IOEMCG does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and IOEMCG will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes intellectual property rights. IOEMCG reserves the right to remove Content and Third Party Submissions without prior notice.
5.3 IOEMCG does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and IOEMCG will remove all Content and Third Party Submissions if properly notified that such Content or User Submission infringes intellectual property rights. IOEMCG reserves the right to remove Content and Third Party Submissions without prior notice.
- GOVERNING LAW / DISPUTES
6.1 You agree that the Ioemcg.com website shall be deemed solely based in the State of Illinois.
6.2 The Ioemcg.com website shall be deemed a passive website that does not give rise to personal jurisdiction over IOEMCG, either specific or general, in jurisdictions other than Illinois.
6.4 Choice of Forum and Venue. You agree that all actions or proceedings arising in connection with this Agreement or relating to the Ioemcg.com website shall be tried and litigated exclusively in the State and Federal courts located in the County of Milwaukee, State of Wisconsin. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Milwaukee, State of Wisconsin shall have in personam jurisdiction.
6.5 Damages: IOEMCG is NOT liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Ioemcg.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).
- LEGAL NOTICE TO PICSCOUT, GETTY IMAGES, PICSCOUT CLIENTS, and CYVEILLANCE INTELLIGENCE CENTERtheir subsidiaries, agents, and assigns: You are prohibited from accessing this site
Legal Notice to PicScout, http://www.picscout.com/ ,Getty Images,http://www.gettyimages.com/ trading as: GYI , all other customers of PicScout, and Cyveillance Intelligence Center http://www.cyveillance.com/, and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing IOEMCG, Ioemcg.com,
7.1 Permission for the copyright scanning robot program known as PicScout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time without a duly served warrant in accordance with the 4th Amendment of the Constitution of the United States of America and duly codified laws of the State of Illinois.
7.2 Getty Images, PicScout, and Cyveillance Intelligence Center their subsidiaries, agents, and assigns are explicitly prohibited from using any image or video that originated in a Ioemcg.com or IOEMCG camera for any purpose; their use for any monetary gain by any party claiming copyright against a third party downloader from a third party web site shall be treated as a copyright violation under this Notice.
Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending “demand notices” prior to DMCA takedown notices
As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding “damages” prior to sending DMCA takedown notifications.