Acceptance of Terms
Welcome to RecordLinc! RecordLinc provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of the TOS at any
time at: Terms and Conditions..
In addition, when using particular RecordLinc owned or operated services, you and
RecordLinc shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
Description of Service
RecordLinc currently provides users with access to a rich collection of resources,
including, communications tools, study groups, and secure file transfer (the "Service").
You also understand and agree that the service may include certain communications
from RecordLinc, such as service announcements and administrative messages, and
that these communications are considered part of RecordLinc membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augments or enhances the current Service, including the release
of new RecordLinc properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that RecordLinc assumes no responsibility
for the timeliness, deletion, miss-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Service.
Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or RecordLinc has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, RecordLinc
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). RecordLinc is concerned about
the safety and privacy of all its users.
Registration Data and certain other information about you are subject to our Privacy
Member Account, Password and Security
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify RecordLinc of
any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. RecordLinc
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
You understand that all information, data, text, photographs, images, radiographs,
and other communications ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not RecordLinc, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service.
RecordLinc does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. Under no circumstances
will RecordLinc be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that RecordLinc may or may not pre-screen Content, but that RecordLinc
and its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that is available via the Service. Without
limiting the foregoing, RecordLinc and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by RecordLinc
or submitted to RecordLinc, including without limitation information in RecordLinc
Study Groups, and in all other parts of the Service.
You acknowledge, consent and agree that RecordLinc may access, preserve, and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of RecordLinc,
its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by RecordLinc. You may not attempt to override
or circumvent any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
Content Submited or Made Available for Inclusion on The service
RecordLinc does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant RecordLinc
the following nation-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the RecordLinc
network of properties that are intended by RecordLinc to be available to the general
public. However, publicly accessible areas of the Service would not include portions
of RecordLinc Study Groups that are limited to members, RecordLinc services intended
for private communication such as RecordLinc Messaging or RecordLinc Letter wizard,
or areas off of the RecordLinc network of properties such as portions of World Wide
Web sites that are accessible through via hypertext or other links but are not hosted
or served by RecordLinc.
You agree to indemnify and hold RecordLinc, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any
commercial purposes, any portion of the Service (including your RecordLinc I.D.),
use of the Service, or access to the Service.
General Practices Regarding Use and Storage
You acknowledge that RecordLinc may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that may be sent from or received
by an account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space that
will be allotted on RecordLinc's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in a given
period of time. You agree that RecordLinc has no responsibility or liability for
the deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that RecordLinc
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that RecordLinc reserves the right to modify these
general practices and limits from time to time.
Modifications to Service
RecordLinc reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that RecordLinc shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
You agree that RecordLinc may, under certain circumstances and without prior notice,
immediately terminate your RecordLinc account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be limited
to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security issues
or problems, and (f) extended periods of inactivity. Termination of your RecordLinc
account includes (a) removal of access to all offerings within the Service, including
but not limited to RecordLinc Study Groups, Patients, and private communication,
(b) deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause shall be made in
RecordLinc's sole discretion and that RecordLinc shall not be liable to you or any
third-party for any termination of your account, any associated email address, or
access to the Service..
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that RecordLinc shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because RecordLinc has no control over such sites and resources,
you acknowledge and agree that RecordLinc is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that RecordLinc
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or resource.
RecordLinc's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by RecordLinc or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
RecordLinc grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by RecordLinc for use in accessing the Service.
Disclaimer of Warranties
You Expressly Understand and Agree That:
Limitation of Liability
You expressly understand and agree that RecordLinc shall not be liable to you for
any direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if RecordLinc has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered into
through or from the service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on the service;
or (v) any other matter relating to the service.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations of sections 17 and 18 may not apply to you.
Special Admonition For Services Relating To Financial Matters
The Service is provided for informational purposes only, and no Content included
in the Service is intended for making a diagnosis. RecordLinc and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any treatment decisions made based on such information.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
RecordLinc may provide you with notices, including those regarding changes to the
TOS, by email, regular mail, or postings on the Service.
The RecordLinc, RecordLinc logo, trademarks and service marks and other RecordLinc
logos and product and service names are trademarks of RecordLinc Inc. (the "RecordLinc
Marks"). Without RecordLinc's prior permission, you agree not to display or
use in any manner, the RecordLinc Marks.
Notice And Procedure For Making Claims Of Copyright Or Intellectual Property
RecordLinc respects the intellectual property of others, and we ask our users to
do the same. RecordLinc may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. If
you believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
RecordLinc's Copyright Agent the following information:
Entire Agreement. The TOS constitute the entire agreement between you and RecordLinc
and govern your use of the Service, superseding any prior agreements between you
and RecordLinc. You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other RecordLinc services.
Choice of Law and Forum. The TOS and the relationship between you and RecordLinc
shall be governed by the laws of the State of California without regard to its conflict
of law provisions. You and RecordLinc agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of TBD, California.
No Right of Survivorship and Non-Transferability. You agree that your RecordLinc
account is non-transferable and any rights to your RecordLinc I.D. or contents within
your account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently deleted if it
is prior to the data retention date.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
Please report any violations of the TOS to our Support Group.