Terms of Use

Terms and Conditions of www.TracieMcMillan.com Site Usage

TracieMcMillan provides all information on this World Wide Web site (including the underlying HTML files that implement the hypertext features, hereinafter this “Site”) exclusively under the following Terms and Conditions:

Except as is provided in TracieMcMillan’s privacy policy (which is incorporated into these Terms below), Tracie McMillan may update or change these Terms from time to time without notice. Such changes will be effective on the date that such modified Terms is posted on the Site

1. Ownership, License and Restrictions on Usage

  1. All right, title and interest (including all intellectual property rights) in the Site belongs to TracieMcMillan. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under intellectual property rights.
  2. You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute insignificant portions of materials retrieved from this Site provided:
    1. the Site and its information are used only for personal, informational, and non-commercial purposes; and
    2. you do not modify any of the materials.

    Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written consent of BEG.

  3. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in Federal Acquisition Regulations System (FARS), 48 C.F.R. §52.227-19 and Department of Defense Federal Acquisition Regulation System (DFARS), 48 C.F.R. §252.227-7013.

2. User’s Grant of License

By submitting information to Tracie McMillan through this Site, you:

  1. grant Tracie McMillan the right to use, reproduce, download, print, display, adapt, modify and distribute the information in any form for any purpose, and
  2. warrant and represent that you own or otherwise control all rights in and to the information and that use of the information by Tracie McMillan will not infringe or violate the rights of any third party.

3. Privacy

Tracie McMillan knows how important privacy is to you and is committed to honoring your privacy. Your personal information will never be shared or sold to any third party.
In order to ensure that Tracie McMillan is able to provide high quality services that are responsive to patient needs, Tracie McMillan employees may need to access your accounts and records on a case by case basis to investigate complaints or other allegations or abuse. Tracie McMillan shall not disclose the existence or occurrence of such an investigation unless required by law. The information you provide is the information that we will be capable of accessing. Therefore, if you do not wish to share any personal, contact, financial or other sensitive information, please do not do so.

4. Linking

  1. You may provide hot links to this Site provided:
    1. you do not remove or obscure by framing or otherwise, advertisements, the copyright notice or other notices on this Site,
    2. you give Tracie McMillan notice of such link by sending an e-mail to Tracie@TracieMcMillan.com, and
    3. you discontinue providing hot links to this site immediately upon the requested of Tracie McMillan.
  2. This Site may provide links to other sites on the Internet. These sites are not under the control of Tracie McMillan. The inclusion of a link to a site does not imply endorsement or sponsorship of the site by Tracie McMillan. You acknowledge that Tracie McMillan is not responsible for the accuracy, copyright compliance, legality, decency or any other aspects of the content of such sites.

5. Disclaimers

  1. This site is provided on an “as is,” “as available” basis and Tracie McMillan expressly disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. While Tracie McMillan makes every effort to present accurate and reliable information on the Site, Tracie McMillan does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, or efficacy of such information. Use of such information is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy completeness and efficacy.
  2. Tracie McMillan disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind, resulting from, arising out of or any way related to:
    1. any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors;
    2. any third party websites or content therein directly or indirectly accessed through hot links in this site, including but not limited to any errors in or omissions therefrom;
    3. the unavailability of this Site or any portion thereof;
    4. your use of or inability to use this Site; or
    5. equipment or software in connection with this site.

6. Limitation of Liability

  1. Under no circumstances shall Tracie McMillan, or any officer, director, employee, subcontractor, agent, successor, or assignee of Tracie McMillan, be liable for any direct, indirect, punitive, incidental, special or consequential damages of any kind whatsoever (including without limitation, attorneys’ fees and lost profits) in any way due to, resulting from, or arising in connection with, this Site, including its content, regardless of whether such alleged liability is based on contract, tort, negligence or strict liability. In those jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Tracie McMillan’s liability in such jurisdictions shall be limited to the extent permitted by law.
  2. Upon the request of Tracie McMillan, you agree to defend, indemnify and hold harmless Tracie McMillan and its officers, directors, employees, subcontractors, agents, successors, and assigns from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this site.

7. Governing Law: Jurisdiction

These Terms of Site Usage shall be governed by, and construed in accordance with, the laws of the State of California, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such disputes.

8. Entire Agreement: Severability of Agreement

These Terms of Site Usage incorporate by reference any notices contained on this site and constitute the entire agreement with respect to your access to, and use of, this Site. If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

9. Acceptance of Terms of Site Usage

By using this Site, you signify your agreement to these Terms of Site Usage and any additional terms, conditions and notices contained or referenced herein. If these Terms of Site Usage are not acceptable in full and if you do not otherwise agree to them in their entirety, you must immediately terminate your use of this site.

10. Changes to Site and Terms of Site Usage

This Site and these Terms of Site Usage may be changed by Tracie McMillan with or without notice. Please review this page on a regular basis for any such changes. Continued use of the Site following any change constitutes your acceptance of the change.

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