The NeuroEndocrine Wellness Center (NEW CENTER)
TERMS AND CONDITIONS OF USE
Last Revision: February 18, 2002

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

These terms and conditions of use ("Site Terms") apply exclusively to use of this Web site produced by THE NEW CENTER.

THE NEW CENTER reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and the Web site’s Privacy Statement, by posting the amended terms on our Web site. You will be able to tell that a revision has been made by the date of the last revision indicated at the top of this document.  The amended terms shall be effective immediately after they are initially posted on this Web site.  Your use of our Web site following the posting of such amended terms shall constitute your acceptance of any such changes.  If you do not accept the amended terms, you must cease using this Web site.

1. Privacy Policy
   
   THE NEW CENTER believes strongly in protecting user privacy.  Please refer to our Privacy Statement for information on how THE NEW CENTER uses and collects information and protects your privacy.
    
2. Repeat Infringer Policy
   
   THE NEW CENTER respects the intellectual property of others, and we ask our users to do the same.  THE NEW CENTER may, in appropriate circumstances and at its own discretion, limit access to this Web site and/or terminate the accounts of any users who infringe the intellectual property rights of others.
    
3. Claims of Copyright Infringement; Designated Agent
   
   If you believe that any material on this Web site infringes upon any copyright which you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent.
   
   WRITTEN NOTIFICATION MUST BE SUBMITTED TO THE FOLLOWING:
   THE NEW CENTER
   Attn: Mark N. Friedman, D.O.
   1111 South Orange Avenue, Suite 300
   Orlando, FL  32806
   E-Mail: welcome@thenewcenter.com
   
   To be effective, the notice must include the following:
    
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
       
   2. 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;
       
   3. 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 the service provider ("Service Provider") to locate the material;
       
   4. Information reasonably sufficient to permit the Service Provider 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;
       
   5. 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
       
   6. 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.
       
4. Submissions
   
   Submissions made by Users, including but not limited to questions, comments, suggestions, ideas, plans, original or creative materials, or other information, provided by you in the form of e-mail or submissions to THE NEW CENTER are non-confidential and shall become the sole property of THE NEW CENTER.   The NEW CENTER shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  However, personally identifiable health information will be kept confidential between the patient and his or her physician (and personal office staff) at THE NEW CENTER.
    
5. Hyperlinks
   
   You are granted a limited, non-exclusive right to create a hyperlink to the The NEW CENTER Web site provided such a link does not portray THE NEW CENTER or any of its Practices, Members, sponsors, products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time.  You may not use, frame or utilize framing techniques to enclose any logo or other proprietary information about THE NEW CENTER, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without THE NEW CENTER's express written consent.
   
   THE NEW CENTER makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from the Sites, or Web sites linking to this Web site.  The linked sites are not under the control of THE NEW CENTER and THE NEW CENTER is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
    
6. Third Party Content & Services
   
   THE NEW CENTER may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information.  THE NEW CENTER does not monitor nor does it have any control over any Third Party Content or third party Web sites.  THE NEW CENTER does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  THE NEW CENTER does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.  Users use these links and Third Party Content contained therein at their own risk.
    
7. Disclaimer
   
   THE NEW CENTER WEB SITE AND THE MATERIAL CONTAINED WITHIN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THE NEW CENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  THE NEW CENTER DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THESE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.  THE NEW CENTER DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
   
   THE NEW CENTER reserves the right to change any and all content contained on its Web site at any time without notice.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by THE NEW CENTER.
    
8. Limitation of Liability
   
   IN NO EVENT SHALL THE NEW CENTER, INCLUDING ITS DIRECTOR(S) AND EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE NEW CENTER, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE NEW CENTER'S RECORDS, PROGRAMS, OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NEW CENTER  (WHETHER IN CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE NEW CENTER FOR ACCESS TO OR USE OF THIS SITE.
    
9. Indemnification
   
   You agree to defend, indemnify and hold harmless THE NEW CENTER, its independent contractors, service providers and consultants, and their respective director(s), employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising our of your use of this Web site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against THE NEW CENTER and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.
    
10. Modification & Amendments
    
    THE NEW CENTER reserves the right to amend at any time any policies governing this Web site, including these Site Terms and THE NEW CENTER’s Privacy Statement, by posting the amended terms and providing notice of such amendments.  The amended terms shall be effective immediately after they are initially posted on this Web site.  If you do not accept the amended terms, you should cease using this Web site.
     
11. Termination
    
    Notwithstanding any of these terms and conditions, THE NEW CENTER reserves the right, without notice and in its sole discretion, to terminate your access to the Special Members sections of its Web site, and to block or prevent future access to and use of this section of its Web site.
     
12. Severability
    
    If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
     
13. Questions & Contact Information
    
    General questions or comments about THE NEW CENTER Web site and its services may be directed to THE NEW CENTER by e-mail at welcome@thenewcenter.com, or by postal mail at THE NEW CENTER, 1111 South Orange Avenue Suite 300, Orlando, FL 32806.