One Call Care Diagnostics, Inc. ("One Call Care Diagnostics")
This page states the terms and conditions ("Terms") under which you may
use www.OneCallCM.com (The "Web Site" or "Site"). (Please
read this page carefully. If you do not accept the Terms, do not use the Web Site).
By using the Web Site, you are indicating your agreement to be bound by the Terms.
One Call Care Diagnostics may revise the Terms at any time by posting an update to this page.
You should visit this page periodically, because your continued use of the Site
after we post changes to the Terms means you accepted the changes. The terms "you"
and "user" refer to all individuals and/or entities accessing the Web
Site for any reason.
You represent and warrant that you are of the legal age of consent in all applicable
jurisdictions and, in any event, are at least eighteen (18) years old.
2. Use of Material
The contents of the Web Site, including, but not limited to, text, graphics, sounds,
images, and other material ("Material"), are owned by One Call Care Diagnostics
and its third- party service providers ("Service Providers") and are protected
by the United States and foreign intellectual property laws. Unauthorized use of
the Material may violate copyright, trademark, and other laws.
One Call Care Diagnostics authorizes you to view and download a single copy of the Material
on the Web Site solely for your own use, provided you retain all copyright and other
proprietary notices contained in the original Material on any copy you make of the
Material. You may not sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any way for any public or
commercial purpose. The Material may not be used on any other web site or in a networked
computer environment for any purpose.
You may not copy or adapt the HTML or other codes that One Call Care Diagnostics uses to
generate its pages. This code is also protected by One Call Care Diagnostics' copyright
and other intellectual property rights.
3. Site Use
General Use: You may not use the Web Site in order to transmit, distribute, store
or destroy material (a) in violation of any applicable law or regulation, (b) in
a manner that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal rights
of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or
otherwise objectionable, in our sole discretion.
Security Rules: You may not violate or attempt to violate the security of the Web
Site or use the Site to violate the security of other website by any method, including,
without limitation: (a) accessing data not intended for you or logging into a server
or account which you are not authorized to access, (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service
to any user of the Web Site, host or network, including, without limitation, via
means of submitting a virus to the Web Site, overloading, "flooding,"
"spamming," "mailbombing," or "crashing" the Site,
(d) sending unsolicited email, including promotions and/or advertising of products
or services, or (e) forging any One Call Care Diagnostics packet header or any part of the
header information in any e -mail or newsgroup posting. Violations of system or
network security may result in civil or criminal liability. One Call Care Diagnostics may
investigate violations of the Terms and may involve and cooperate with law enforcement
authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses: Without limitation, One Call Care Diagnostics specifically prohibits
any use of the Web Site, and you may not use the Web Site, for any of the following:
- distributing or otherwise publishing, without our prior approval, any material containing
any solicitation of funds, promotion, advertising, or solicitation for goods or
- soliciting other users of the site to join or become members of any online or other
- deleting or revising any material posted by any other person or entity.
Option to Remove: Any chat or bulletin board communications are public and not private.
Although we reserve the right to remove, without notice, any bulletin board posting
for any reason, we have no obligation to delete content you may find objectionable
The following are trademarks or service marks of One Call Care Diagnostics:
One Call Care Diagnostics
The One Call Care Diagnostics Logo
This list is not a comprehensive list of all One Call Care Diagnostics' trademarks. The
absence of a trademark, product or service name or logo from this list does not
constitute a waiver of our trademark or other intellectual property rights concerning
that name or logo.
All other products, services, and company names mentioned in the Web Site may be
trademarks or service marks of their respective owners.
5. Linking to the Web Site
If you would like to link to the Web Site, you must comply with the following. A
website that links to the Web Site:
- may link only to the home page of the Web Site (www.OneCallCM.com)
- should not frame or create a browser or border environment around the Web Site;
- should not imply that One Call Care Diagnostics is endorsing your website or your products
- should not misrepresent your relationship with One Call Care Diagnostics;
- should not present false information about products or services on the Site;
- should not use our trademarks or logos without prior permission from us; and
- should not contain content that we might consider distasteful or offensive.
collected from users of the Web Site.
Web Site, including message boards, contests and chat rooms, you grant us and our
affiliates the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right
and license (including a waiver of any moral rights) to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, communicate
to the public, perform and display the content (in whole or in part) and/or to incorporate
it in other works in any form, media, or technology now known or later developed,
for the full term of any rights that may exist in such content. You also warrant
that the holder of any rights, including moral rights has validly and irrevocably
granted you the right to grant the license to us stated above. You also permit any
user of the Web Site to access, store, use, display, and copy such content for personal
8. One Call Care Diagnostics' Liability
The Material may contain inaccuracies or typographical errors. We make no representations
about the accuracy, reliability, completeness, or timeliness of the Web Site or
the Material. The use of the Site and the Material is at your own risk. We reserve
the right, at our discretion, to modify, add, or remove portions of the Site at
anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content,
and accuracy of any material you place on the Web Site.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE
WEB SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED,
(C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY
METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR
TO THE FULLEST EXTENT PERMITTED BY LAW, ONE CALL CARE DIAGNOSTICS DISCLAIMS ANY WARRANTIES
FOR SERVICES OR GOODS PROVIDED OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH
ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED
ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,
the foregoing disclaimers may not apply to you insofar as they relate to implied
9. Limitation of Liability and Remedies
THE MAXIMUM AGGREGATE LIABILITY OF ONE CALL CARE DIAGNOSTICS UNDER ANY CONTRACTUAL, NEGLIGENCE,
STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE GREATER OF
(I) $1,000 OR (II) A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE THIRTY-DAY
PERIOD BEFORE THE DATE THE LIABILITY AROSE.
NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR ANY
OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS OR ANY HYPERLINKED WEB SITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY
LINKS PROVIDED ON THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED
ON THE WEB SITE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions,
the foregoing limitation may not apply to you.
10. Links to Other Sites
The Web Site may contain links to third party websites. These links are provided
solely as a convenience to you and not as an endorsement by us of the contents on
such third-party websites. We are not responsible for the content of linked third
-party sites and do not make any representations regarding the content, suitability,
or accuracy of materials on such third-party sites. If you decide to access linked
third-party sites, you do so at you your own risk.
One Call Care Diagnostics cannot ensure that you will be satisfied with any products or services
that you purchase from a third-party site that links to or from One Call Care Diagnostics
because these sites are owned and operated by independent retailers. We do not endorse
any of the goods or services, nor have we taken any steps to confirm the accuracy
or reliability of any of the information contained in such third-party sites. One Call
Care Diagnostics does not make any representations or warranties as to the security
of any information (including, without limitation, credit card, and other personal
information) you might be requested to give any third party, and you hereby irrevocably
waive any claim against us with respect to such sites and activity. We strongly
encourage you to make whatever investigation you feel necessary or appropriate before
proceeding with any online or off-line transaction with any of these third parties.
One Call Care Diagnostics reserves the right, at its sole discretion and without liability
to you, to immediately terminate your ability to access the Web Site and/or any
other service we may provide to you, with or without cause. Without limiting the
foregoing, we may terminate your access if we learn you have provided false or misleading
information, interfered with other users or the administration of our services,
or otherwise not complied with any of the Terms.
You shall indemnify and hold harmless One Call Care Diagnostics, Service Providers, and their
respective officers, directors, employees and agents, from and against any claims
or demands, including without limitation reasonable legal and accounting fees, alleging
or resulting from your use of the Material or your breach of the Terms, including
(without limitation) any claim of infringement.
One Call Care Diagnostics makes no claims that the Material may be lawfully viewed or downloaded
outside of the United States. Access to the Materials may not be legal by certain
persons or in certain countries. If you access the Web Site from outside of the
United States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. The Terms are governed by the internal substantive
laws of the State of New Jersey, without respect to its conflict of law principles.
Jurisdiction of any claims arising under the Terms will lie exclusively with the
state or federal courts within the State of New Jersey, and you consent to the exclusive
personal jurisdiction of such courts if there is a dispute between you and us. You
may not institute any action in any form arising out of the use of the Web Site,
the Materials or the Terms more than eighteen (18) months after the cause of action
has arisen. If any of the Terms is found to be invalid by any court having competent
jurisdiction, that invalidity will not effect the validity of the remaining Terms,
which will remain in full force and effect. No waiver of any Term will be deemed
a further or continuing waiver of such provision or any other provision. Except
as expressly provided in the One Call Care Diagnostics Membership Agreement, or in another
statement by One Call Care Diagnostics on the Web Site, the Terms constitute the entire agreement
between you and us with respect to the use of the Web Site. No changes to the Terms
may be made except by a revised posting by us on this page, and no waiver of any
Term will be effective unless it is in writing and signed by us.
14. THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the One Call Care Diagnostics Site, such as text, graphics, images, information
obtained from licensors, and other material contained on the One Call Care Diagnostics Site
("Content") are provided in summary form, are general in nature, and are
for informational purposes only. The Content is not intended to be a substitute
for professional medical advice, diagnosis, or treatment. Always seek the advice
of your physician or other qualified health provider with any questions you may
have regarding a medical condition.