TERMS OF SERVICE

 

Overview:

This World Wide Web site with its home page hereinafter referred to as Website is an information service provided by  FLAMINGO COTTAGE, hereinafter referred to as CLIENT.  The WEBSITE was created and is maintained by eMedWebs, Inc. which is headquartered in the State of Texas, in the United States of America, hereinafter referred to as EMEDWEBS. This WEBSITE is provided to you, herinafter referred to as USER, at no charge with the express condition that USER agrees to be bound by the terms and conditions set forth in this document.  CLIENT and/or EMEDWEBS reserves the right to change these terms and conditions at any time, and USER agrees to abide by the most recent version of this TOS.  USER is advised to consult this TOS each and every time this WEBSITE is used or viewed.  

 

AGAIN, THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TOS") GOVERN YOUR USE OF THIS EMEDWEBS WEBSITE, AND ARE LEGALLY BINDING ON YOU (USER).  IF YOU DO NOT AGREE WITH ANY ONE OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED WITHIN THIS WEBSITE.  YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS SETFORTH BELOW.

 

  1. Disclaimer of Warranty

a)     EMEDWEBS is providing this site, its contents and links on an “as is” and “as available” basis and makes no representations or warranties of any kind, express or implied with respect to this site, its availability, contents or information or products or services listed on the site.

b)     USER will hold harmless CLIENT and EMEDWEBS (it’s shareholders, officers, director, and employees from all claims arising out of or related to USER access to or inability to access WEBSITE.

c)      Again, YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.   In consideration for use of and access to WEBSITE, you agree that in no event will EMEDWEBS or any other party involved in creating, producing or delivering this WEBSITE or any site linked to this WEBSITE, be liable to USER in any manner whatsoever for any decision made or action or non-action taken by USER in reliance upon the information provided through this WEBSITE. 

 

  1. Limitation of Liability

a)     USER will hold harmless CLIENT and EMEDWEBS (it’s shareholders, officers, director, and employees from all claims arising out of or related to USER access to or inability to access WEBSITE.

b)     EMEDWEBS and CLIENT does not warrant that the WEBSITE  will operate error-fee or that the site and its server are free of computer viruses and other harmful goods or conditions.  If use of WEBSITE or it’s content (defined below Section 4b) results in the need for servicing or replacing equipment or data, EMEDWEBS and CLIENT are not responsible for those costs.

 

  1. Copyrights and Copyright Notices

a)     EMEDWEBS and CLIENT respects the intellectual property of others, and demand the same. 

b)     The entire content of WEBSITE (software, photos, video, text, graphics, music, sounds or other material (collectively “CONTENT”) is copyrighted and any attempt to infringe upon these materials will subject USER or organization to criminal and civil penalties as prescribed by law.   You may not modify, publish, transmit, participate in the transfer or sales, create derivative works, or in any way exploit, any of the CONTENT of WEBSITE, in whole or part.

c)      Modification of CONTENT or use of CONTENT for any purpose, including use of any such CONTENT on any other web site, internet device, or networked computer environment is strictly prohibited.

d)     If WEBSITE contains any work that USER believes constitutes a copyright infringement, you must contact the EMEDWEBS Agent by e-mail: EMEDWEBS@AOL.COM

 

  1. Links

a)     WEBSITE may provide links to other websites which are not sponsored by EMEDWEBS or CLIENT.   These links are provided as a convenience only.  Because EMEDWEBS AND CLIENT has no control over such sites and resources, CLIENT and EMEDWEBS are not responsible for information appearing in links or for the availability of such external sites or resources.

b)     CLIENT and EMEDWEBS 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

 

  1.  Governing Law

These TOS shall be governed by and construed in accordance with the laws of the State of Texas , without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the Harris county of the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.  If any provision of these TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between you and EMEDWEBS relating to the subject matter herein and shall not be modified by USER except in writing and signed by both parties.  The TOS will inure to the benefit of EMEDWEBS successors, assigns and licensees.

 

  1. Indemnification

You agree to hold agree to indemnify, defend and hold harmless CLIENT and EMEDWEBS, along with their officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of WEBSITE or your violation of the terms or conditions of this agreement (the TOS).