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Terms of Use Agreement for Our Web Site

1. Agreement Between Marion Downs Center and User

This is a binding agreement ("Agreement") between the Marion Downs Center (“MDC”) and you, the user ("You" or "Your"). MDC's Web Site, www.mariondowns.com, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using MDHC's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

2. Modification of These Terms of Use

MDC reserves the right to change the terms and conditions of this agreement, including our separate privacy policy, from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. MDC has no duty or obligation to inform prior users of this web site that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of MDC's web site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. MDC may change, restrict access to, suspend, or discontinue MDC's web site, or any portion of MDC's web site, at any time.

3. No Professional Advice

The information and materials available through MDC's Web Site, including without limitation the MDC Web Services, is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. The medical, scientific and general information included on MDC's Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of MDC.

The information contained on the MDC Web Site is not intended to be nor is it a substitute for professional medical advice. Nothing contained in these pages is intended to be for medical diagnosis or treatment. Use of these Web pages is not intended to nor does it create a physician-patient or healthcare provider-patient relationship between MDC and You. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any question you may have regarding a medical condition.

4. Privacy Policy

Because your privacy is important to You and to MHC, MDC will operate MDC's Web Site in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the Privacy Policy. BY CONSENTING TO THIS TERMS OF USE AGREEMENT FOR MDHC'S WEB SITE, YOU CONSENT TO THIS PRIVACY POLICY.

5. Usage of MDC's Web site

As a condition of Your use of MDC's Web Site, You represent and warrant to MHC that You will not use MHC's Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.

You represent and warrant that You will not use MDC's Web Site in any manner which could damage, disable, overburden or impair MDC's Web Site or interfere with any other party's use and enjoyment of MDC's Web Site.

The MDC Members Only portion of MDC's Web Site ("Members Only Site") will be accessible only to members of MDC, including professional and Foundation Board Members ("Members"). All Member information provided to MDC and posted on MDC's Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If MHC at any time discovers any error or omission in the information You provide, MDHC may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your MDHC Member information to access any portions of MDHC's Web Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.

MDHC's Web Site may contain chat areas, forums, news groups, bulletin board services and other facilities ("MDHC Web Services") that permit You to communicate with other MDHC Members. You agree to use these MDHC Web Site only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using MDHC Web Site, You will not:

Violate any applicable laws or regulations;

Send, publish, post, upload, distribute or disseminate any information that may violate antitrust law, including without limitation past, current, or future fees; fee discounts provided; terms of credit; price and pricing information; inventories; commission information; profit information, including what is a reasonable or fair profit margin;

Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as MDHC's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;

Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from MDHC's Web Site;

Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;

Harass, abuse, threaten or otherwise violate any legal rights of others;

Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;

Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;

Use MDHC's Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;

Use MDHC's Web Site to forward chain letters;

Permit anyone other than Yourself to use Your MDHC Member information to access any portions of MDHC's Web Site which are restricted to Members only;

Forward any portions of MDHC's Web Site which are restricted to Members to anyone who is not a Member of MDHC; or

Violate any of MDHC's policies, guidelines or other codes of conduct which are applicable to MDHC's Web Site or in particular to one of MDHC's Web Services.

Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of MDHC;

Frame, squeeze back, overlay or employ other techniques to enclose or display the MDHC Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the MDHC Web Site, with any other software or content of a third party;

Use any meta tags or any other "hidden text" utilizing the names or trademarks of MDHC without its prior written consent;

Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; or

Violate any of MDHC policies, guidelines or other codes of conduct.

MDHC has no obligation to screen or monitor MDHC's Web Site; however, MDHC reserves the right to review information or materials posted to MDHC's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of MDHC's Web Site. MDHC reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from MDHC's Web Site, including without limitation any information or materials posted through use of MDHC's Web Services, regardless of whether such material does or does not violate this Agreement or any of MDHC's policies, guidelines, or other codes of conduct which are applicable to MDHC's Web Site or in particular to one of MDHC's Web Services.

MDHC does not control or endorse the content, messages or information found in any of MDHC's web services, and MDHC specifically disclaims any liability with regard to MDHC's web services. MDHC does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on MDHC's web services unless it is provided by an authorized MDHC spokesperson. Any statements made on MDHC's web services reflect only the views of their authors, and your reliance on any such content is at your own risk. MDHC's web services will be managed or hosted by either employees or members of MDHC, who are not authorized MDHC spokespersons, and their views or actions in managing or hosting MDHC's web services do not necessarily reflect those of MDHC.

6. Security

The Members Only Site is intended by MDHC to require a user identification and password to access and use. Certain MDHC Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing MDHC in writing of any need to deactivate or replace any Member Information due to security concerns. MDHC is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify MDHC immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to MDHC under this section of the Agreement may be accomplished by sending e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. or by conventional mail to:

Marion Downs Hearing Center

1793 Quentin Street, Unit 2

Aurora, CO 80045

7. Product Information and Warranties

At MDHC we advertise and offer for sale our products and other third party products. Unless indicated otherwise, most products and services featured on the site are available directly from or through MDHC's Web Site. MDHC has made a conscientious effort to display and describe its products and services on MDHC's Web Site accurately so that You may preview their design and use. Furthermore, MDHC is constantly improving its information, products and services. Consequently, MDHC cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.

If a product offered by MDHC on MDHC's Web Site is not as described, your sole remedy is to return it pursuant to our Quality Guarantee. Warranty information regarding any products and services featured on MDHC's Web Site is available at no cost to You by e-mailing the MDHC MDHC at This email address is being protected from spambots. You need JavaScript enabled to view it. , or by writing to:

Marion Downs Hearing Center
1793 Quentin Street, Unit 2

Aurora, CO 80045

Receiving an order acknowledgement via e-mail does not guarantee the acceptance of an order. MDHC reserves the right to limit the quantity of items ordered and/or refuse to sell to any customer.

All items purchased from MDHC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Copyright and Trademark Ownership, Notices and Infringement

Copyrights:

All contents of MDHC's Web Site are: Copyright ©2011 MDHC. All rights reserved.

Unless otherwise noted, all materials contained on MDHC Web Site are copyright protected. Materials may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any non-personal or commercial use is expressly prohibited unless prior written consent is obtained from the respective copyright holder(s):

Marion Downs Hearing Center
1793 Quentin Street, Unit 2
Aurora, CO 80045

MDHC does not claim ownership of the individual materials or information You may provide to MDHC, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to MDHC's Web Site including without limitation any of MDHC's Web Services. However, if You provide such materials or information to MDHC:

You are warranting and representing that You own or otherwise control all of the rights to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and

You are granting MDHC, its affiliated entities and necessary sublicensees permission to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. MDHC will not pay You compensation with respect to the use of Your materials or information.

MDHC grants You the limited and nonexclusive right and license to access or download content from MDHC's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through MDHC's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use MDHC's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to MDHC and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from MDHC's Web Site as authorized hereunder.

Any rights not expressly granted herein are reserved.

Trademarks:

Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to MDHC's names, logos, logotypes, trade dress, designs, or other trademarks.

Trademarks: MARION DOWNS, MARION DOWNS HEARING CENTER, MDHC.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement:

Note: the following information is provided exclusively for notifying MDHC that your copyrighted material may have been infringed. All other inquiries, such as requests for technical assistance, reports of e-mail abuse, and piracy reports, will not receive a response through this process.

MDHC does not guarantee any action based upon the receipt of such information. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MDHC's Designated Agent, as set forth in the Directory of Service Provider Agents for Notification of Claims of Infringement on the United States Copyright Office Library of Congress Web site.

9. Links to Third Party Web Sites

MDHC's Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of MDHC, and MDHC is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by MDHC of the sites or any association or relationship with its operators.

10. Termination

MDHC reserves the right in its sole discretion to terminate Your access to MDHC's Web Site, including without limitation MDHC's Web Services, at any time without notice for any reason whatsoever.

Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.

11. Compliance With Applicable Laws

MDHC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

12. General Disclaimers, Exclusion of Damages, and Limitation of Liability

The information, software, products and services included in or available through MDHC's web site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. MDHC may make improvements or changes to MDHC's web site at any time. Advice received via MDHC's web site should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice.

MDHC makes no representations about MDHC's web site, including, without limitation, MDHC's web site's suitability, reliability, availability, timeliness and accuracy of the information, materials, software, products, services and graphics found on or through MDHC's web site. MDHC provides MDHC's web site, including, without limitation, all information, materials, software, products, services, and graphics "as is" without warranty of any kind. To the full extent permissible by applicable law, MDHC disclaims all warranties and conditions with regard to MDHC's web site, including, without limitation, all information, materials, software, products, services and graphics found on or through MDHC's web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement or warranties arising by course of dealing or custom of trade.

Your sole and exclusive remedy if you are dissatisfied with any portion of MDHC's web site is to discontinue using MDHC's web site. In no event and under any circumstances whatsoever shall MDHC be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of MDHC's web site, with the delay or inability to use MDHC's web site or MDHC's web services, the provision of or failure to provide services, or for any information, materials, software, products, services or graphics obtained on or through MDHC's web site, security breaches, or otherwise arising out of the use of MDHC's web site, whether based on contract, tort, negligence, strict liability or otherwise, even if MDHC has been advised of the possibility of damages. Also, and in particular, in no event shall MDHC be held liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in connection with the information provided on or through MDHC's web site, including without limitation in connection with the use of techniques or procedures discussed on or through MDHC's web site.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.

13. Indemnity

You agree to indemnify MDHC from and against any and all liabilities, expenses (including without limitation attorneys' fees) and damages arising out of claims based upon your use of MDHC's web site, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. MDHC will notify you of any claim for which MDHC seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to MDHC's interests, as reasonably determined by MDHC at its sole discretion.

14. Governing Law

This Agreement is governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Denver City and County, Colorado in all disputes arising out of or relating to the use of MDHC's Web Site. Use of MDHC's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

15. No Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between You and MDHC as a result of this Agreement or use of MDHC's Web Site, including, without limitation, MDHC's Web Services.

16. Construction

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

17. Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and MDHC with respect to MDHC's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and MDHC with respect to MDHC's Web Site, including without limitation to MDHC's Web Services.

18. Notices

Notices given by MDHC to You will be given by a general posting on MDHC's Web Site or by an e-mail, if an e-mail address is available. Notices given by MDHC to Members may also be given by conventional mail. Notices to MDHC must be sent by conventional mail to:

Marion Downs Hearing Center
1793 Quentin Street, Unit 2
Aurora, CO 80045

19. Assignment

MDHC may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of MDHC.

20. Captions and Headings

Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.

 

Privacy Policy for Our Web Site

This Privacy Statement discloses the privacy practices for the Marion Downs Hearing Center ("MDHC") and its Internet Web site: http://www.mariondowns.com/ (hereinafter referred to individually as a "Web site"). MDHC, an independent, non-profit organization, provides you with the following information:

What personally identifiable information of yours or third-party personal identification is collected from you through the Web site;

How the information is used;

With whom the information may be shared;

What choices are available to you regarding collection, use and distribution of the information;

What security procedures are in place to prevent the loss, misuse or alteration of information under MDHC's control; and

How you can correct any inaccuracies in the information.

If you feel that MDHC is not abiding by its posted privacy policy, you should first contact the MDHC at 720-848-3042.

Information Collection and Use

MDHC, or third parties designated by MDHC, collects personally identifiable and non-personally identifiable information from users in a variety of ways. MDHC is the sole owner of all the information collected on the Web site, and may use and share with third parties any and all of the information collected in any manner whatsoever that it deems appropriate for business purposes in its sole discretion.

Registration

To access areas designated as "member areas," users must be current members or affiliates of MDHC. The information collected when members join MDHC is also used to control access to these areas of the Web site. MDHC members and affiliates who wish to use the "member areas" of the Web site will be required initially to enter certain personal identification information (e.g., current MDHC account number, last name, e-mail address, username and password) to gain access.

Online Orders

MDHC requests information from its users on its membership form, including contact information (such as name and shipping address) and financial information (such as credit card number, expiration date, etc.). This information is primarily used by MDHC and third parties designated by MDHC for billing and to fill customer orders, but may be used by MDHC or third parties designated by MDHC for other business purposes. For example, if there is a problem processing an order, this information may be used to contact the user.

Cookies

Currently there are two types of cookies. The standard cookie is information about the user stored on the user's hard drive. The second type of cookie, called a session cookie, also stores information about a user. However, these cookies are not stored on the user's hard drive. These cookies are used only while the user is actively connected to a Web site. Once the user closes the Internet browser (or is inactive for more than 20 minutes), these session cookies are destroyed. MDHC uses both types of cookies on its Web site. In the future, MDHC may add additional cookies for business purposes.

MDHC uses permanent cookies for several business purposes. Primarily, when visitors arrive at our site, a unique cookie is automatically stored on the visitor's computer by their Internet browser that allows analysis software to differentiate between new and returning users.

Second, a permanent cookie is written when members opt to save their log-on information. This cookie saves time for members because they do not have to enter security information for each visit to the site. If members reject the cookie, they may still use the Web site but they will have to manually log in to access "member areas."

Finally, session cookies are used while a user is active on the Web site for a multitude of business purposes. For example, these cookies allow members to navigate freely through the Web site once they have logged in to the Web site. Without these cookies, members would have to login each time they requested a "member area" page. These cookies are also used while a member is joining, renewing or altering account information. This allows the Web site to track a user's activity before any data is committed to a database.

Log Files

Each view of a page on the Web site is logged. Information such as the user's Internet Protocol ("IP") address, time of day and duration of activity on the Web site is recorded. This information may be used by MDHC or third parties designated by MDHC to analyze trends, administer the Web site, track users' movements and gather broad demographic information for aggregate use or for other business purposes.

If illegal activity is detected on the Web site, MDHC or third parties designated by MDHC may attempt to connect an IP address to personal information.

Sharing

MDHC will share aggregated demographic information with third parties, including without limitation its partners and advertisers, as it deems appropriate in its sole discretion.

From time to time, we share personally identifiable information, as MDHC deems appropriate in its sole discretion, with third parties in a number of ways for a variety of business purposes, including name and other personally identifiable information.

Links

The Web site contains links to other Internet sites. Please be aware that MDHC is not responsible for the privacy practices of such other Internet sites. We encourage our users to be aware when they leave the Web site and to read the privacy statements of each Internet site that collects personally identifiable information. This Privacy Statement applies solely to information collected by MDHC's Web site.

Surveys

From time to time, MDHC, or third parties designated by MDHC, requests information from users via surveys. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code). Survey information may be used by MDHC, or third parties designated by MDHC, for a variety of business purposes. For example, surveys will be used for purposes of monitoring or improving the use of and satisfaction with the Web site and other services offered by MDHC.

Security

When you submit information via the Web site, MDHC, or third parties designated by MDHC, takes certain precautions to protect your user information both online and offline. For example, currently, when registration/order forms on our Web site ask users to enter information (such as credit card number and/or social security number), that information is encrypted and is protected with encryption software: Secure Sockets Layer ("SSL"). While you are on a secure page, such as our order form, the lock icon on your Internet browser becomes locked, as opposed to unlocked or open. These security features may be updated from time-to-time in MDHC's sole discretion.

Just as we currently use SSL encryption to protect sensitive information online, we also use certain efforts to protect user-information offline. Currently, our users' information is restricted primarily in our offices and our servers are all password protected.

If you have any questions about the current state of security with respect to information collected at the Web site or stored offline, you may send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. .

Special Offers

MDHC sends all new members a welcoming e-mail to verify password and username. Members and other visitors to our Web site may occasionally receive information on products, services, special deals, newsletters and other information from MDHC, or third parties designated by MDHC. MDHC, or third parties designated by MDHC, may also send notifications of renewals and other communications to members via e-mail.

Site and Service Updates

MDHC also sends user site and service announcement updates. Members cannot opt-out from service announcements, which contain important information about the service. We communicate with users to provide requested services and in regard to issues relating to their account via e-mail or phone.

Correcting/Updating Personal Information

If a user's personally identifiable information (such as zip code) changes or if a user no longer desires our service, we will endeavor to provide a way to correct or update personal data which that user has provided to us. This can usually be done from our member center page or by contacting our Action Center at 800-498-2071. Some information, such as a user's name change, must be changed by calling the Action Center at 800-498-2071.

Choice/Opt-out

Users who no longer wish to receive our e-mail newsletters or promotional materials may opt-out of receiving a specific communication from MDHC by sending a reply e-mail containing the word "unsubscribe" in the subject line. Please note that there are certain communications which will still be sent to users by MDHC, or third parties designated by MDHC, as referenced above, including without limitation site and Service Updates and membership renewals.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on MDHC's homepage so that our users are always informed of what information we collect, how we use it and under what circumstances, if any, we disclose it.

 

 

Terms of Use Agreement for MDHC E-mail Lists

Thanks for being part of the MDHC E-mail List community. By subscribing to any MDHC E-mail List you agree to adhere to the following terms of use.

1. Agreement Between Marion Downs Hearing Center and User

This is a binding agreement ("Agreement") between the Marion Downs Hearing Center ("MDHC") and you, the user ("You" or "Your"). MDHC E-mail Lists are offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using the MDHC E-mail Lists, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

2. Usage of MDHC E-mail Lists

You agree that when using MDHC E-mail Lists, You will not:

Violate any applicable laws or regulations;

Send any information that may violate antitrust law, including without limitation past, current, or future fees; fee discounts provided; terms of credit; price and pricing information; inventories; commission information; profit information, including what is a reasonable or fair profit margin;

Send information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark, or trade secrets, or by rights of privacy or publicity unless You own or control the rights thereto or have received all necessary consents;

Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, misleading, obscene, indecent, or otherwise objectionable materials, or any materials which encourages conduct that would constitute a criminal offense, give rise to civil liability or violates any law, or contains any advertising or any solicitation with respect to products or services.

Harass, abuse, threaten or otherwise violate any legal rights of others;

Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;

Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;

Use MDHC E-mail Lists for commercial purposes, including, but not limited to, advertisements, promotions, job announcements/listings, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;

Use MDHC E-mail Lists to forward chain letters;

Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of MDHC;

Frame, squeeze back, overlay or employ other techniques to enclose or display the MDHC E-mail lists, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the MDHC E-mail Lists, with any other software or content of a third party;

Use any meta tags or any other "hidden text" utilizing the names or trademarks of MDHC without its written consent;

Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; and

Violate any of MDHC policies, guidelines or other codes of conduct.

3. Monitoring and Removal of Content

MDHC has no obligation to screen or monitor MDHC E-mail Lists; however, MDHC reserves the right to review information or materials posted to any of MDHC E-mail Lists and to any other forms of information available to us by virtue of Your use of the MDHC E-mail Lists (including, for example, reverse IP address inquiry). MDHC reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or remove any information or materials from MDHC E-mail Lists, regardless of whether such material does or does not violate this Agreement or any of MDHC's policies, guidelines, or other codes of conduct which are applicable to MDHC E-mail Lists.

The sender of any communications though the MDHC E-mail Lists shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting, sending, distributing or disseminating content through the MDHC E-mail Lists, You represent and warrant that You either own or otherwise control all rights necessary for You to provide, post, upload or submit that content. Without limiting the generality of the foregoing, You shall be solely liable for any damage resulting from any infringement of copyrights, or other proprietary rights, or any other harm resulting from any content or other material submitted by You to or through the MDHC E-mail Lists and agree that You will indemnify and hold MDHC harmless from and against any claims, damages or losses related to such content or other materials.

MDHC reserves the right to deny access to the MDHC E-mail Lists to anyone who violates this Agreement or who, in MDHC's judgment, interferes with the ability of others to enjoy the MDHC E-mail Lists or infringes the rights of others. MDHC will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Use of the MDHC E-mail Lists by You for spamming or any purpose other than the purpose for which the data was provided by the sender is strictly prohibited. By using the MDHC E-mail Lists, You agree not to use information concerning other users of the MDHC E-mail Lists, or any items such users have posted, disseminated or distributed on or through (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose except as specifically set forth in this Agreement. You may not post information directed to or collect personal information from any minor.

4. Ownership; License

The MDHC E-mail Lists and all content displayed on or through the MDHC E-mail Lists and all software, data and information used to provide the MDHC E-mail Lists, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by MDHC, its affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. MDHC grants You the limited and nonexclusive right and license to access or download content from the MDHC E-mail Lists solely for Your personal and non-commercial use. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use the MDHC E-mail Lists or any elements thereof. All rights not expressly granted to You by MDHC in this Agreement are reserved to MDHC and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from the MDHC E-mail Lists as authorized hereunder.

5. Posted Materials

You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, "Ideas") to us on or through the MDHC E-mail Lists. By submitting communications, materials or Ideas to or through the MDHC E-mail Lists, You grant MDHC its parent and affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and Ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now or hereafter known on a worldwide basis. You also permit any other user of this Web Site to access, view, store or reproduce the material or Ideas for that user's personal use. Such purposes may include disclosure to third parties and/or developing, manufacturing, commercializing and/or marketing goods or services based on such Ideas or materials. By posting or disclosing such information, you hereby waive any claim that MDHC misappropriated any such Ideas, materials or any portions of your communication in any activities in which MDHC may engage in the future.

6. Privacy Policy

Because your privacy is important to You and to MDHC, MDHC will operate the MDHC E-mail Lists in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the Privacy Policy. BY CONSENTING TO THIS AGREEMENT, YOU CONSENT TO THIS PRIVACY POLICY.

7. Disclaimer

MDHC does not control or endorse the content, messages or information found in any of MDHC E-mail Lists. MDHC does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on MDHC E-mail Lists unless it is provided by an authorized MDHC spokesperson. Any statements made on MDHC E-mail Lists reflect only the views of their authors, and your reliance on any such content is at your own risk. MDHC E-mail Lists will be managed or hosted by either employees or members of MDHC, who are not authorized MDHC spokespersons, and their views or actions in managing or hosting MDHC E-mail Lists do not necessarily reflect those of MDHC.

The MDHC E-mail Lists and all information, products or services available through the MDHC E-mail Lists are provided by MDHC on an "as is" basis without warranties of any kind, either express or implied. Neither MDHC, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the MDHC E-mail Lists will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the MDHC E-mail Lists, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through the MDHC E-mail Lists. Before purchasing goods or services you have read about on or through the MDHC E-mail Lists, You should confirm with the vendor any information (including the price) that is important to your purchasing decision. MDHC is not responsible for, and does not guarantee the performance of, any such goods or services, nor the accuracy or validity of the information provided and expressly disclaims any and all liability relating to the manufacture, sale or use of products and services discussed or illustrated in or through the MDHC E-mail Lists.

Without limiting the generality of the foregoing, neither MDHC, its affiliates nor its licensors or providers shall have any liability for any errors, inaccuracies, omissions, or other defects in the information contained within the MDHC e-mail lists, or any liability for damages of any kind arising from the use or inability to use the MDHC e-mail lists. MDHC, its affiliates and licensors specifically disclaim any warranties, express or implied by statute of otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall MDHC, its affiliates or its licensors or providers be liable for any direct, special, indirect or consequential damages whatsoever arising out of access to or the use of or inability to use the MDHC e-mail lists, including, without limitation, resulting from lost profits or data, whether in an action for contract or tort (including negligence and strict liability), even if MDHC has been advised of the possibility of such damages.

You agree that the entire liability of MDHC, its affiliates, licensors, and providers, if any, arising out of any kind of legal claim arising out of or otherwise related to the MDHC E-mail Lists will not exceed the amount You paid, if any, for the use of the MDHC E-mail Lists. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

We provide the MDHC E-mail Lists and the material available through the MDHC E-mail Lists for informational purposes only. You may only use the material and the services available through the MDHC E-mail Lists for your personal and non-commercial use. Before You act on any information you've found on the MDHC E-mail Lists, You should independently confirm any facts that are important to your decision.

If you rely on any information or service available through the MDHC e-mail lists, you expressly agree that you do so solely at your own risk. You understand that you are solely responsible for any damage or loss you may incur that results from your use of any service or any material and/or data downloaded from or otherwise provided through the MDHC e-mail lists.

8. Miscellaneous

MDHC reserves the right to change the terms, conditions and notices under which MDHC E-mail Lists are offered. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of MDHC's E-mail Lists after changes are posted constitutes Your acceptance of this agreement as modified by the posted changes.

This Agreement is governed by the laws of the State of Maryland, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, in all disputes arising out of or relating to the use of the MDHC E-mail Lists. Use of the MDHC E-mail Lists is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MDHC as a result of this agreement or use of the MDHC E-mail Lists.

You agree that all notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

You shall use the MDHC E-mail Lists for lawful purposes only. Any conduct by You that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Web Site will not be permitted.

You agree that we may, in our sole discretion and without prior notice, terminate Your access to the MDHC E-mail Lists, which includes any discontinuance or material modification of the MDHC E-mail Lists or any service offered on or through the MDHC E-mail Lists, or due to any unexpected technical issues or problems. MDHC reserves the right to deny access to the site at its own discretion. You agree that MDHC will not be liable to You or to any third party for termination of Your access to the MDHC E-mail Lists as a result of any violation of these Terms of Use.