| DIGITIZE
IT NOW, INC TERMS AND CONDITIONS OF USE PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By
using this site, you signify your assent to these Terms and Conditions. If you
do not agree to all of these Terms and Conditions of use, do not use this site.
Digitize It Now, Inc. may revise and update these Terms and Conditions at any
time. Your continued usage of the DigitizeItNow.com Web site ("DigitizeItNow.com
Site," or the "Site,") will mean you accept those changes. BASIC
DISCLAIMER All information provided within this Web site is in no way intended
to be a substitute for professional medical advice. You should not use this information
to diagnose or treat a health problem or disease without consulting with a qualified
healthcare provider. Consult your healthcare provider with any questions or concerns
you may have regarding your condition. INDEX USE
OF CONTENT LIABILITY OF DIGITIZE IT NOW, INC AND ITS LICENSORS USER SUBMISSIONS ADVERTISEMENTS
AND LINKS TO OTHER SITES INDEMNITY GENERAL JURISDICTION COMPLETE AGREEMENT USE
OF CONTENT. DigitizeItNow.com authorizes you to view or download a single copy
of the material on the DigitizeItNow.com Site solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright 2008, Digitize
It Now, Inc. All rights reserved" and other copyright and proprietary rights
notices which were contained in the Content. Any special rules for the use of
certain software and other items provided on the ItNow.com Site may be included
elsewhere within the Site and are incorporated into these Terms and Conditions
by reference. The
Content is protected by copyright under both United States and foreign laws. Title
to the Content remains with Digitize It Now, Inc. or its licensors. Any use of
the Content not expressly permitted by these Terms and Conditions is a breach
of these Terms and Conditions and may violate copyright, trademark, and other
laws. Content and features are subject to change or termination without notice
in the editorial discretion of DigitizeItNow.com. All rights not expressly granted
herein are reserved to DigitizeItNow.com and its licensors. If
you violate any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have
made of any portion of the Content. LIABILITY
OF DIGITIZE IT NOW, INC AND ITS LICENSORS. The use of the DigitizeItNow.com
Site and the Content is at your own risk. When using the DigitizeItNow.com
Site, information will be transmitted over a medium which is beyond the control
and jurisdiction of DigitizeItNow.com and its suppliers. Accordingly, DigitizeItNow.com
assumes 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 DigitizeItNow.com
Site. The
DigitizeItNow.com Site and the content are provided on an "as is" basis.
DigitizeItNow.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, DigitizeItNow.com,
its licensors, and its suppliers make no representations or warranties about the
following: The
accuracy, reliability, completeness, currentness, or timeliness of the Content,
software, text, graphics, links, or communications provided on or through the
use of the ItNow.com Site. The
satisfaction of government regulations requiring disclosure of information on
prescription drug products with regard to the Content contained on the DigitizeItNow.com
Site. In
no event shall Digitize It Now, Inc., its licensors, its suppliers, or any third
parties mentioned on the DigitizeItNow.com Site be liable for any damages (including,
without limitation, incidental and consequential damages, personal injury/wrongful
death, lost profits, or damages resulting from lost data or business interruption)
resulting from the use or inability to use the DigitizeItNow.com Site or the Content,
whether based on warranty, contract, tort, or any other legal theory, and whether
or not DigitizeItNow.com is advised of the possibility of such damages. Digitize
It Now, Inc. shall be liable only to the extent of actual damages incurred by
you, not to exceed U.S. $1000. DigitizeItNow.com is not liable for any personal
injury, including death, caused by your use or misuse of the Site, Content, or
Public Area (as defined below). Any claims arising in connection with your use
of the Site, any Content, or the Public Areas must be brought within one (1) year
of the date of the event giving rise to such action occurred. Remedies under these
Terms and Conditions are exclusive and are limited to those expressly provided
for in these Terms and Conditions. USER
SUBMISSIONS. You agree that you will not upload or transmit any communications
or content of any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Site, you agree that such submission
is non-confidential for all purposes. If you make any such submission, you automatically
grant--or warrant that the owner of such content has expressly granted--DigitizeItNow.com
a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. DigitizeItNow.com may
sublicense its rights through multiple tiers of sublicenses.
ADVERTISEMENTS
AND LINKS TO OTHER SITES. DigitizeItNow.com does not endorse the content on
any third-party websites. DigitizeItNow.com is not responsible for the content
of linked third-party sites, sites framed within the DigitizeItNow.com Site, or
third-party advertisements, and does not make any representations regarding their
content or accuracy. Your use of third-party websites is at your own risk and
subject to the terms and conditions of use for such sites. DigitizeItNow.com does
not endorse any product advertised on the DigitizeItNow.com Site. INDEMNITY You
agree to defend, indemnify, and hold Digitize It Now, Inc., its officers, directors,
employees, agents, licensors, and suppliers, harmless from and against any claims,
actions or demands, liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result from,
your violation of these Terms and Conditions. GENERAL. Digitize
It Now, Inc. is based in Knoxville, Tennessee, in the United States of America.
DigitizeItNow.com makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access the DigitizeItNow.com Site from
outside the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. The following provisions survive
the expiration or termination of these Terms and Conditions for any reason whatsoever:
Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION. You
expressly agree that exclusive jurisdiction for any dispute with Digitize It Now,
Inc., or in any way relating to your use of the DigitizeItNow.com Site, resides
in the courts of the State of Tennessee and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts of the State of Tennessee
in connection with any such dispute including any claim involving Digitize It
Now, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers. These
Terms and Conditions are governed by the internal substantive laws of the State
of Tennessee without respect to its conflict of laws principles. If any provision
of these Terms and Conditions is 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 any of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or condition or any other term
or condition. COMPLETE
AGREEMENT. Except as expressly provided in a particular "legal notice"
on the DigitizeItNow.com Site, these Terms and Conditions constitute the entire
agreement between you and DigitizeItNow.com with respect to the use of the DigitizeItNow.com
Site, and Content. Your use of the DigitizeItNow.com Site is also subject to the
DigitizeItNow.com Privacy Policy. Thank
you for your cooperation. We hope you find the DigitizeItNow.com Site helpful
and convenient to use. Questions or comments regarding this website should be
directed by electronic mail to or via U.S. mail to Digitize It Now, Inc at 12752
Kingston Pike, Suite 103, Farragut, TN 37934.
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