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Terms of Service

Effective Date: March 16, 2008

Welcome to the AcuPages.com web site (the "Web Site", “We”). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and the AcuPages.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the AcuPages.com Service. Your use of the Web Site and any of the tools and services provided by this Web Site constitutes your express acceptance of these TOS. Please read this document carefully before accessing or using the Web Site and any of the tools and services provided by this Web Site. For purposes of these TOS, “AcuPages.com” shall mean the Web Site, and OpenQi Corp., and its officers, directors, shareholders and affiliates.

AcuPages.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Web Site. You are therefore responsible for regularly reviewing these TOS and each time you use any tool or service that is provided by this Web Site. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the AcuPages.com Service. Your continued use of the Web Site or the tools and services provided by this Web Site following posting of a change notice or new TOS on the AcuPages.com Web Site will constitute your express and binding acceptance of the changes.

1. The AcuPages.com Service in General and Claims of Copyright Infringement

AcuPages.com provides listing and referral services for acupuncturists (the “Service”). Use of the tools and services, including all references published herein regarding acupuncturists, are subject to our published Disclaimer which is incorporated by reference as if fully set forth herein. The information published through AcuPages.com is for educational and informational purposes only. AcuPages.com makes no any warranty, actual or implied, as to the quality of service providers listed or advertised on the AcuPages.com Web Site, and AcuPages.com shall not be liable or responsible in any manner for use of the AcuPages.com Web Site and you agree to hold Acupages.com harmless and to indemnify AcuPages.com from any loss, damages, litigation, harm, fees, costs and attorney’s fees regarding any civil, regulatory or criminal matter arising from your use of this Web Site or your use of any acupuncturist or other health service provider that you learn about via this Web Site.

THE INFORMATION PRESENTED THROUGH THIS WEB SITE IS NOT MEDICAL ADVICE, AND IS NOT GIVEN AS MEDICAL ADVICE. THIS WEB SITE IS INTENDED AS A REFERENCE SOURCE, AND SHALL NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR RECOMMENDATIONS OR BE CONSIDERED A SUBSTITUTE FOR INDEPENDENT MEDICAL OR RESEARCH AND EVALUATION BY A QUALIFIED PROFESSIONAL. YOU MUST CONDUCT YOUR OWN DUE DILIGENCE REGARDING THE PROFESSIONAL QUALIFICATIONS AND BACKGROUND OF ANY PROFESSIONAL YOU LEARN ABOUT VIA THIS WEB SITE.

Professionals who use this Web Site to promote their individual businesses agree to provide and publish only such information that is complete, accurate and not misleading in nature. AcuPages.com reserves the right to remove any professional listing at anytime with no prior notice for any reason that AcuPages.com finds, in its sole discretion, to be appropriate. All professional listings are subject to and dependant upon all listing fees to be paid. An updated list of the fee schedule regarding listings or any other tool or service shall be published on the Web Site. All fee schedules are subject to change.

All professionals who advertise via this Web Site hereby agree to indemnify AcuPages.com, and its officers, employees, affiliates, sub-contractors, member base and advertisers (“AcuPages et al”) from any civil, regulatory and criminal actions that arise from any action conducted by the professional and to HOLD AcuPages et al HARMLESS from any actual or threatened legal action and to indemnify AcuPages et al from any costs, fees, judgment, losses and reasonable attorney’s fees regarding the same. You shall use your best efforts to cooperate with us in the defense of any claim. AcuPages et al reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

All users who submit profiles are noticed that we may alter or edit your text for formatting reasons or to ensure that the text stays within our guidelines.

1.1 Claims of Copyright Infringement:

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to:
 
AcuPages.com
6405 Day Street
Tujunga, CA 91042
Or Call (469) -27PAGES (277-2437)
Or cotact us at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which AcuPages.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

2. Use of the Web Site and AcuPages.com Service.

2.1 Compliance with TOS and applicable law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the AcuPages.com Service and the Web Site as well as any posted rules or guidelines that we publish on the Web Site or send to you via e-mail, and any such posted rules and guidelines and or e-mail notifications are incorporated by reference as if fully set forth herein into these TOS upon publication or issuance of the same.

2.2 Your License to Use the Web Site and the AcuPages.com Service. (a) AcuPages.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the AcuPages.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, AcuPages.com owns the copyrights in and to the Web Site, and certain technology used in providing the AcuPages.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise except as set forth herein and any and all licenses or rights to our intellectual property shall be terminated forthwith by our posting of the same on our Web Site or via e-mail communication to you. (b) AcuPages.com grants you a limited revocable non-transferable license to access and access the Web Site and the AcuPages.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by AcuPages.com; to compete with AcuPages.com; to use our content or any element of the content for a commercial use not expressly granted by AcuPages.com in writing; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, AcuPages.com may revoke the license granted to you and such revocation may be issued by sending an email to your last known email address or upon any publication of the same notice upon the Web Site, at our sole discretion.

3. Privacy/Communication.

3.1 Privacy Policy. By entering into these TOS, you agree to AcuPages.com's collection, use and disclosure of your personal information in accordance with the AcuPages.com Privacy Policy available for viewing at http://www.acupages.com/Privacy-Policy.html. You agree to review the Privacy Policy each time you visit the Web Site and or before you use any tool or service that this Web Site provides.

3.2 Electronic Communications. When you visit the Web Site or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available regarding any normal business communication that AcuPages.com deems appropriate to send to you. We will communicate with you electronically, by telephone or by facsimile, at our sole discretion. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing and that any use of a AcuPages.com tool or service subsequent to your receipt of any such agreement, notice, disclosure or other communication is your express execution and acceptance of each and every term, condition, and other element contained within the same.

4. Disclaimers and Exclusions.

4.1 DISCLAIMER OF WARRANTIES. ACUPAGES.COM PROVIDES THE WEB SITE AND SERVICE ON AN "AS IS", “WHERE IS,” AND "AS AVAILABLE" BASIS. ACUPAGES.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. ACUPAGES.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

4.2 EXCLUSION OF DAMAGES. ACUPAGES.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE ACUPAGES.COM SERVICE AND/OR THE WEB SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The content of this Web Site are intended for educational purposes only as noted herein. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, this Web Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction regarding the professional services as offered by any professional listed on this Web Site.

Furthermore, the content provided on this Web Site is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on this Web Site is strictly at your own risk.

5. Finding an Acupuncturist

5.1 AcuPages.com makes no representation or warranty whatsoever, and expressly disclaims any and all representations and warranties of any kind concerning the accuracy, reliability, or suitability of the information contained or referenced in this Web Site or otherwise made available through this Web Site. It is the affirmative responsibility of the user of this Web Site to determine the accuracy, reliability, or suitability of the information contained or referenced in this Web Site or otherwise made available through this Web Site. Information presented on this Web Site is not intended to replace consultation with a qualified health care provider. AcuPages.com does not answer specific medical questions or refer persons to specific health care providers. Any information provided on this Web Site should not be considered to be completely error free or to include all relevant information. In addition, the information contained on this Web Site should not be used as an exclusive basis for decision-making.

5.2 You are encouraged to consult other sources and confirm the information contained herein. Use of the information presented in this Web Site is strictly voluntary and at the user's sole risk. AcuPages.com is not responsible for user dissatisfaction in any way with a particular service provider. AcuPages.com makes no representation or warranty as to the quality of service providers.

6. Limitation of Liability.

IN NO EVENT WILL THE LIABILITY OF ACUPAGES.COM IN CONNECTION WITH THESE TOS OR THE SERVICE EXCEED $50.00. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7. Indemnification.

You agree to defend, indemnify and hold harmless AcuPages.com, its affiliates and directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Web Site and/or the Service.

8. Termination.

Termination. AcuPages.com may suspend or terminate your use of the Web Site or AcuPages.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.

9. Notice.

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) government mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to AcuPages.com, you must use “Contact Us” portion of the Web Site. If AcuPages.com provides notice to you, AcuPages.com will use the contact information provided by you to AcuPages.com. All notices will be deemed received as follows: (i) if by delivery by government mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

10. Jurisdiction/Arbitration

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the termsand conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

11. Miscellaneous.

These TOS will not be assignable or transferable by you without the prior written consent of AcuPages.com. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

12.Listings.

12.1 Use of Paypal. If you wish to list your business on the Web Site, you will be be prompted to pay via Paypal. In the future we may allow payment by credit cards and if so, you will be asked to provide your credit card information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges incurred by users of your credit card or other payment mechanisms such as Paypal at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to all purchases that you make.

12.2 Copyrighted Material. If AcuPages.com lists your business, you agree to not: (i) submit material that is copyrighted or otherwise subject to third party proprietary rights including, without limitation, privacy rights, unless you are the owner of such rights or possess permission from the respective owner to post the material and to grant us a license right to post the material (ii) submit material that is unlawful, harassing, or hateful, or is otherwise inappropriate and/or (iii) publish lies or misrepresentations.

12.3 Right of Refusal. AcuPages.com reserves the right to refuse any listing for any reason. Listings may be delayed or canceled if AcuPages.com is not given completely accurate information and/or is unable to contact the person who has placed the listing and/or is the primary cardholder for the order.

13. General Terms of Use

Site members and visitors may not • Violate the law of any jurisdiction while visiting our Web Site or using any tool or service that we provide. • Harass or Cyberstalk any user. • Conduct any activity that is harmful or detrimental to our business as solely determined by us. • Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction. • Upload any material that is harmful to our user’s computers or objectionable to our community as a whole. • Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent. • Falsely represent your professional or business credentials or professional background.

You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

14. Automatic Viewing or Usage of this Web Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Web Site. You may not engage in denial of service attacks upon the servers that publish this Web Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Web Site.

15. Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

16. Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

17. Foreign Usage

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).

 
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