Request ~a~ Record Privacy Policy
(07/2009, ver. 3)

1. Notice of Agreement/Legal Document.

THE FOLLOWING DOCUMENT IS A CONTRACT—A LEGALLY BINDING AGREEMENT.  PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE YOU USE THE SERVICES PROVIDED BY THIS WEB SITE AND BEFORE YOU AGREE TO PURCHASE ANY PRODUCTS, SERVICES, OR INFORMATION FROM THIS WEB SITE. BY USING THIS WEB SITE OR BY AGREEING TO PURCHASE ANY PRODUCTS, SERVICES, OR INFORMATION FROM THIS WEB SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE AND SHOULD EXIT IT IMMEDIATELY. YOU AGREE THAT YOUR CONTINUING USE OF THIS WEB SITE WILL BE DEEMED CONCLUSIVELY TO BE YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Parties.

2.1. REQUESTARECORD.COM (hereinafter referred to as “COMPANY,”) is a website owned and operated by Damiti, Inc. d/b/a Request-A-Record, a Louisiana corporation, having its principal place of business located at 213 West Cornerview Street Gonzales, LA 70737.

2.2. “CUSTOMER,” “YOU,” and “YOUR” refer to:

2.2.1. The natural person using this Web site, regardless of whether he or she is acting in his or her individual capacity, or as the agent for any other natural person or business entity; and

2.2.2. The natural person who is the principal of any electronic agent(s) using this Web site, regardless of the number of layers of electronic agency that may exist between the natural person principal and the electronic agent(s) using this Web site.

2.3. In this Agreement, COMPANY and YOU may sometimes be referred to collectively as the “PARTIES.” Where this Agreement uses the term “PARTIES,” it intends both YOU and COMPANY.

3. Intent to Enter Legally Binding Agreement.

COMPANY desires to provide access to the COMPANY Web Site to YOU and YOU desire to use the COMPANY Web Site, provided by COMPANY, subject to the terms and conditions of this Agreement, as COMPANY may amend or revise this Agreement from time to time, to collect Medical Records, Medical Billing Records, Medical Information (X-Rays, MRI, Ect.), Employment Records, Social Security Records and/or Income Tax Records.  (all of these are considered services).

4. Consideration.

In consideration of COMPANY’s providing access to and use of the COMPANY Web Site to YOU, YOUR payment of and promises to pay fees to COMPANY, and YOUR promises to abide by the terms and conditions of this Agreement, as COMPANY may amend or revise this Agreement from time to time, and in consideration of all the mutual covenants and promises made in this Agreement, the PARTIES hereby agree as follows:

5. General Terms and Conditions.

5.1. Services to Be Provided by COMPANY to CUSTOMER.

The COMPANY is providing the COMPANY Web Site to YOU (the “CUSTOMER”), subject to the terms and conditions of this Agreement.  You may access this Agreement while YOU are connected to the Internet by going to the page on the World Wide Web, whose protocol and uniform resource locator (URL) are http://www.requestarecord.com/tos.htmlor by clicking on any hyperlink on the COMPANY Web Site that is labeled “Terms”.

5.2. Entire Agreement.

This Agreement comprises the entire agreement between YOU (the CUSTOMER) and COMPANY, and supersedes any prior or previous agreements between YOU, the CUSTOMER, and COMPANY, with respect to the subject matter of this Agreement; provided, however, that YOU agree that YOU shall be subject to any additional terms and conditions of which COMPANY notifies YOU from time to time and that may apply when YOU are using any content, software, products, or services of any kind or nature, provided by any third party, including, but not limited to carriers of any movable goods YOU may purchase through the COMPANY Web site.

5.3. Revisions to this Agreement.

5.3.1. YOU may not revise any of the terms of this Agreement without express prior authorization and written agreement signed by a duly authorized Officer or Manager of COMPANY.

5.3.2. COMPANY serves a variety of customers, retailers, and distributors, and cannot negotiate separate contracts with each of its customers. COMPANY is able to offer competitive pricing and billing by using standard Terms of Service contracts for all of its customers.

5.3.3. COMPANY reserves the right to, and may, revise this Agreement at any time, and such revisions shall become effective thirty (30) days after COMPANY posts the revised Agreement for public viewing at: http://www.requestarecord.com/terms.html . You may access the Agreement while YOU are connected to the Internet by going to the page on the World Wide Web, whose protocol and uniform resource locator (URL) are http://www.requestarecord.com/terms.html or by clicking on any hyperlink on the COMPANY Web Site that is labeled “Terms”  When Request-A-Record posts any revisions to the Agreement on the Request-A-Record Web site, the updated Agreement will include the date on which we most recently revised it.

5.3.4. YOU agree to read the revisions to this Agreement periodically—and preferably at least once every thirty (30) days—to become aware of such revisions to this Agreement.

5.3.5. YOUR continuing use of the COMPANY Web site more than thirty (30) days after
COMPANY posts revisions to this Agreement, as described above, shall be conclusively deemed asYOUR assent to the additional terms and conditions made part of this Agreement by such revisions.

5.3.6. If any such revised or additional terms and conditions are unacceptable to YOU, or if YOU do not agree to and do not wish to be legally bound by such revised or additional terms and conditions, YOU may terminate this Agreement as provided in Section 13 below.

6. Account Information.

6.1. Services COMPANY Will Provide to CUSTOMER.

6.1.1. COMPANY grants YOU a limited, non-exclusive, and nontransferable license to use the COMPANY Web Site and its various components to purchase products, services, and information from the COMPANY or from third parties carriers or to refer third parties to the COMPANY Web Site for the sole purpose of purchasing such products, services, or information. This license is subject to the restriction that, except to the extent expressly permitted by law, YOU may not translate, reverse engineer or reverse compile or decompile, disassemble or make derivative works from the software residing at or used to operate the COMPANY Web Site (hereinafter referred to as the “COMPANY Software”). YOU may not modify the COMPANY Software in any manner or form, or use it in any way which is not expressly authorized by COMPANY, other than to access the COMPANY Web site, as authorized by this Agreement, including, without limitation, for the purpose of obtaining unauthorized access to COMPANY’s service or data (also known as “hacking”). YOU agree to abide by the United States and other applicable export control laws and regulations and not to transfer, by electronic transmission or otherwise, any information, including the COMPANY Software in either source, object, or executable form, which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or licensing requirements and without first providing COMPANY with a certified copy of said license or written government authorization, evincing compliance with all applicable export control laws and regulations.

6.1.2. Subject to all the terms and conditions of this Agreement and all applicable laws, YOU may access, for YOUR sole use, COMPANY’s proprietary content offered at the COMPANY Web site and accessible through COMPANY’s home page on the World Wide Web.

6.1.3. COMPANY will provide YOU with such customer and technical support related to YOUR use of the COMPANY Web Site, at no additional charge, subject to the restrictions posted on the Customer Service area of the COMPANY Web Site.

6.1.4. Regardless of the place from which CUSTOMER accesses the COMPANY’s Web Site and all related services, CUSTOMER is and shall be solely responsible for all telephone, wireless service, or other telecommunications charges, fees, and taxes incurred in connecting to the COMPANY’s Web Site and all related services through an available telephone access number or other telecommunications system. Depending on CUSTOMER’s particular location, access numbers to Internet service providers are usually, but not always, local telephone calls. To find additional or closer access numbers the CUSTOMER should contact his, her, or its Internet service provider, telephone carrier, or other telecommunications service provider. Any disputes or problems regarding telephone service, wireless service, or any other telecommunications services are strictly between CUSTOMER and the applicable telephone, long distance, wireless service, or other telecommunications service provider.

6.1.5. COMPANY grants CUSTOMER a limited license to use the COMPANY’s Web site and the hardware, software, and telecommunications systems comprising that Web site, to connect to COMPANY’s Web site and service from authorized locations. This license is subject to the restriction, that, except to the extent expressly permitted by law, CUSTOMER may not translate, reverse engineer or reverse compile or decompile, disassemble or make derivative works from the COMPANY’s Web site, or any of the Web site’s component hardware, software, or telecommunications systems. CUSTOMER may not modify the COMPANY’s Web site in any manner or form, or use it in any way which is not expressly authorized by the COMPANY, other than to access the COMPANY’s Web site, pursuant to all the terms and conditions of this Agreement, including, without limitation, for the purpose of obtaining unauthorized access to the COMPANY’s Web site (also known as “hacking”). CUSTOMER agrees to abide by the United States and other applicable export control laws and regulations and not to transfer, by any means, including electronic transmission, any goods or information, including the hardware, software, or telecommunications systems that comprise the COMPANY’s Web site in either source, object, or executable form, which is subject to restrictions under such laws to a person or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or licensing requirements and without first providing the COMPANY with a certified copy of said license or written government authorization, evincing compliance with all applicable export control laws and regulations.

6.2. Warranties and Representations of CUSTOMER.

6.2.1. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.

6.2.2. YOU represent and warrant that YOU are a citizen or a lawful resident of the United States of America.

6.2.3. YOU acknowledge that YOU will receive a user name and a password to access the services provided by COMPANY at the COMPANY’s Web Site.

6.2.4. Upon YOUR initial access to the COMPANY Web Site, YOU will select a unique password. YOU are solely responsible for maintaining the confidentiality of YOUR password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of YOUR password to gain access to YOUR accounts.

6.2.5. Therefore, for security purposes, COMPANY recommends that YOU change YOUR password regularly.

6.2.6. Upon YOUR registration with the COMPANY Web Site, YOU must choose a unique user name to identify YOU to the COMPANY Web Site. COMPANY expects YOU to be reasonable and responsible in selecting a user name. Vulgar or otherwise offensive user names may offend other persons and are unacceptable. YOU may not select or use a user name that is the real name of another person, or a user name that violates a trademark right, copyright, or any other proprietary right, or which COMPANY deems in its sole discretion to be vulgar or otherwise offensive. COMPANY reserves the right to delete and reassign any such user name, or to request deletion.

6.2.7. YOU understand that YOUR password is confidential and is intended solely for YOUR use and for no other person’s use.

6.2.8. YOU understand that COMPANY will rely on YOUR agreement to keep YOUR password secret and confidential and that YOU will not reveal YOUR password to any other person or entity, except as required by law.

6.2.9. YOU understand that disclosure of YOUR password to any other person or entity, except as required by law, could cause irreparable damages to COMPANY, including, but not limited to compromise of COMPANY’s confidential and proprietary business information and trade secrets, compromise of the integrity of the information and communications of COMPANY’s other customers, interruption of COMPANY’s services, lost profits to COMPANY, and damages to COMPANY’s business reputation and goodwill.

6.2.10. YOU understand and agree that disclosure of YOUR password to any other person or entity, except as required by law, is a MATERIAL BREACH of this Agreement, and MAY VIOLATE LOCAL, STATE, and FEDERAL LAW.

6.2.11. In the event that YOU disclose YOUR password to any other person or entity, YOU shall and hereby do forever agree to defend, hold harmless, and indemnify COMPANY from any harm or damages whatsoever resulting directly or indirectly from YOUR disclosure of YOUR password to any other person or entity.

6.2.12. YOU understand and agree that YOU shall be entirely liable for all activities conducted through use of YOUR password, whether or not any third person or entity may also be liable for such activities.

6.3. Information YOU Provide to COMPANY.

YOU agree to provide COMPANY with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to COMPANY’s service, and may result in immediate termination of YOUR account and subject YOU to civil and/or criminal liability. YOU further acknowledge that it is a federal and state criminal offense to purchase any product from COMPANY by fraudulent means.

7. Charges, Fees, and Payment.

7.1. Rates and Billing Methods; Subject to Change with Notice.

7.1.1. The rates and charges for products, services, or information available from the COMPANY or from any third party whose products, services, or information are available and accessible through the COMPANY’s Web site, as well as the methods of payment shall be those posted on the COMPANY Web Site.  In your personal profile. Which may be amended from time to time as agreed to by both parties.

7.1.2. If YOUR chosen payment method for the COMPANY’s service is third-party payment service, and the COMPANY has not received payment from its agents, YOU agree to pay all amounts due upon demand by the COMPANY.

7.1.3. YOUR agreement with any other third-party payment service governs YOUR use of that third-party payment service in connection with the COMPANY Web Site, and YOU must refer to such agreement and not this Agreement with respect to YOUR rights and duties as a party to the agreement with the third-party payment service.

7.1.4. Upon written request, COMPANY will provide YOU with a written statement of charges. Unless YOU notify COMPANY of any discrepancies within ninety (90) days after they first appear on the written account statement, they will be deemed acceptable by YOU for all purposes, including resolution of inquiries made by YOUR third-party payment service.

7.1.5. YOU release COMPANY from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to COMPANY within 90 days after its publication to YOUR account.

7.2. YOUR Responsibility for Charges.

7.2.1. YOU shall be responsible for all charges resulting from YOUR use of the COMPANY Web Site and the use of the COMPANY Web Site by any other person who uses YOUR user name and password, regardless of whether YOU have actually authorized such charges.

7.2.2. If YOU misplace YOUR user name or password or both, or suspect that someone else may be using them without YOUR authorization, YOU agree that YOU will notify COMPANY immediately. Failure to notify COMPANY will result in YOUR being liable for unauthorized charges.

7.3. Failure to Make Timely Payment.

7.3.1. COMPANY reserves the right to suspend or terminate YOUR account and YOUR access to the COMPANY Web Site for any amounts past due. Amounts past due include, but are not limited to, charges that have been denied and dishonored checks.

7.3.2. Accounts that are past due or in default are subject to an interest charge of 1.5% per month on the outstanding balance.

7.3.3. Checks that are dishonored for any reason are subject to a collection fee of $35.00 per dishonored check, and YOUR account and access to the COMPANY Web Site Service will be suspended until YOU have paid in full all amounts YOU owe to COMPANY.

7.3.4. Termination of YOUR account and/or YOUR access to the COMPANY Web Site shall not relieve YOU from the obligation to satisfy outstanding invoices and to pay to COMPANY all amounts YOU owe to COMPANY pursuant to this Agreement, or otherwise.

7.3.5. In the event COMPANY utilizes an attorney at law to collect any unpaid amounts from YOU, YOU shall be responsible for the payment of all of COMPANY’s attorneys’ fees and costs, in addition to any penalties allowed under applicable law, in the collection of those sums.

7.4. All Sales Final; Refunds or Credits from Third Parties.

7.4.1. ALL SALES FROM THE COMPANY WEB SITE ARE FINAL, WITH RESPECT TO COMPANY.

7.4.2. Except as otherwise provided in this Agreement, the COMPANY will not issue any refunds, credits, exchanges, adjustments, or replacements of any products, services, or information purchased from the COMPANY’s Web site or from any third party whose
products, services, or information are accessible through the COMPANY’s Web site.

7.4.3. Even if the COMPANY shall, at its sole discretion, make any limited exceptions to its “all sales final” policy as described in this Agreement, COMPANY shall not waive any rights it has to enforce said policy in all other cases and at all other times, to the fullest extent provided in this Agreement and allowed under applicable law.

7.4.4. The various sellers, merchants, and licensors whose products, services, or information the COMPANY makes available to YOU through the COMPANY Web Site may provide refunds, returns, credits, exchanges, or adjustments to YOU under certain circumstances. By YOUR use of the COMPANY Web Site, YOU agree that YOU will contact the appropriate sellers, merchants, and licensors regarding their policies concerning refunds, returns, credits, exchanges, or adjustments. YOU further agree that YOU will release, hold harmless, defend, and indemnify http://www.requestarecord.com/, its parents, subsidiaries, affiliates, partners, members, joint venturers, all their respective employees and agents, and all their heirs, successors, and assigns from any liability for any seller, merchant, or licensor’s failure to adjust or resolve any claim YOU may have against said seller, merchant, or licensor.

8. Intellectual Property Rights.

8.1. COMPANY’s Intellectual Property Rights.

YOU agree to ensure that any notices contained in the Content, such as all copyright, trademark, service mark, patent, and other proprietary rights notices are reproduced in an unmodified form in all such copies.

8.2. Intellectual Property Rights of Third Parties.
Third persons not parties to this Agreement shall retain all rights they have to intellectual property rights to Content they own and which they enjoy by law. YOU agree not to infringe upon any such rights and agree to defend, hold harmless, and indemnify the COMPANY from any infringement YOU cause to the rights of any third party in any intellectual property rights that may result from YOUR use of the COMPANY’s Web Site.

9. YOUR Duties Under this Agreement.

9.1. Compliance with Agreement.
YOU agree to abide by and perform all the terms and conditions of this Agreement at all times.

9.2. Compliance with Applicable Laws.

9.2.1. YOU agree to abide by and to follow all applicable laws in using the COMPANY Web Site and, to the extent allowed by law, YOU agree to defend, hold harmless, and indemnify COMPANY from any damages caused by YOUR violation of any applicable laws.

9.2.2. YOU acknowledge that access to or use of the COMPANY Web Site may not be legal in certain countries. If YOU access or use the COMPANY Web Site outside the United States of America, YOU do so at YOUR own risk and are responsible for compliance with the laws of the jurisdiction in which or from which YOU access or use the COMPANY Web Site.

9.2.3. YOU may not use the COMPANY Web site or any products or services YOU purchase by way of the COMPANY Web Site for any unlawful purpose.

9.2.4. The COMPANY reserves the right to discontinue furnishing service or to limit the use of the COMPANY Web Site necessitated by conditions beyond its control; or if YOU use the COMPANY Web site or any products or services YOU purchase by way of the COMPANY Web Site in violation or attempted violation of the law.

9.3. Refraining from Certain Activities.
YOU further agree that YOU will not do or attempt to do any of the following activities in connection with YOUR use of the COMPANY Web Site or otherwise:

9.3.1. Violate the security of the COMPANY Web Site or any other computer network, or crack passwords or security encryption codes;

9.3.2. Transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity;

9.3.3. Impersonate any person living or dead, organization, business, or other entity, or use any name or communicate under any false name that YOU are not authorized to use;

9.3.4. Solicit other COMPANY customers, retailers, or distributors to become customers of other companies or services directly competing with the COMPANY; or

9.3.5. Violate any of the rules, regulations and policies of those networks, computer systems, telecommunications carriers, wireless services, or Internet service providers that YOU use to access the COMPANY Web Site.

9.4. No Multiple Accounts Without Prior Permission.

9.4.1. Unless YOU obtain prior written permission from the COMPANY, YOU shall not register for, apply for, or otherwise obtain multiple accounts or means of accessing the COMPANY Web Site. YOU agree that if YOU register for, apply for, or otherwise obtain multiple accounts or means of accessing the COMPANY Web Site without obtaining prior written permission from COMPANY, COMPANY may immediately terminate all of YOUR accounts without notice to YOU.

9.4.2. Once YOUR account with the COMPANY or YOUR access to the COMPANY Web Site has been terminated, for any reason, YOU shall pay in full any delinquent, past due, or unpaid accounts and shall resolve all issues in dispute with COMPANY before YOU may register for, apply for, or otherwise obtain a new account to use the COMPANY Web Site.

9.5. Increasing Network Usage and Traffic.
YOU agree not to cause or attempt to cause traffic levels to COMPANY’s Web Site and related servers and networks, or other networks to rise without reason or for any malicious purpose, by any means, including, but not limited to:

• transmitting large files to e-mail, ftp, or other servers for malicious purposes;

• “mailbombing”;

• transmissions intended to raise the cost of another network provider’s access through excessive traffic levels;

• engaging in denial-of-service attacks through any means; or

• repeatedly sending the same content to the COMPANY for the purpose of harassment.

9.6. Spamming Prohibited.

YOU agree that YOU shall not engage in any spamming at any time, and to abide by COMPANY’s NO SPAM POLICY.

9.7. Attempting to Circumvent or Bypass System Security Measures.

9.7.1. YOU agree not to obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form.

9.7.2. YOU agree not to attempt to cause, or actually cause, any disruption of service on the COMPANY Web Site or any other network or any server housing the COMPANY Web Site, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, inserting or injecting into the COMPANY Web site or any other network or any server housing the COMPANY Web Site any virus, cancelbot, worm, logic bomb, Trojan horse, spyware, adware, malware, or other harmful contents or components, or to engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet.

9.7.3. YOU agree not to abuse or attempt to abuse the system and resources of the COMPANY Web Site in any manner.

9.7.4. YOU agree not to violate or attempt to violate the security of the authentication and accounting procedures of the COMPANY Web Site.

9.7.5. YOU agree not to attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the COMPANY Web Site or any of its various components.

9.8. COMPANY’s Right to Monitor and Communications Privacy Policy.
YOU agree to all of the terms and conditions of COMPANY’s Privacy Policy, which is available online at: http://www.requestarecord.com/privacy.html.

10. Disclaimer of Warranties.

10.1. COMPANY Web Site.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY WEB SITE AND ANY COMPONENTS OF THE COMPANY WEB SITE ARE AT YOUR SOLE RISK, AND THAT YOU VOLUNTARILY ASSUME THAT RISK. THE COMPANY WEB SITE AND ALL OF ITS COMPONENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  THE COMPANY’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE COMPANY WEB SITE AND ANY COMPONENTS OF THE COMPANY WEB SITE, AS WELL AS THE COMPANY’s LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU HAVE PAID TO COMPANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, THE COMPANY’s LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.  THE COMPANY WEB SITE AND ALL OF THE COMPONENTS OF THE COMPANY WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
NO ADVICE OR INFORMATION GIVEN BY THE COMPANY, ITS PARENTS, ITS
SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OF ANY KIND. NEITHER COMPANY NOR ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES, OR OTHER HARMFUL CONTENTS OR COMPONENTS.

10.2. Specific Information Available on the COMPANY Web site.

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE AND ITS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE AND ITS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT, SERVICES, INFORMATION, AND/OR THE PROGRAMS DESCRIBED HEREIN OR ACCESSIBLE FROM THE COMPANY’S WEB SITE AT ANY TIME.

10.3. Links to Third Party Web Sites.

SOME OF THE LINKS ON THE COMPANY WEB SITE WILL LET YOU LEAVE THE COMPANY WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.  THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COMPANY OF THE SITE TO WHICH THE COMPANY WEB SITE LINKS, NOR SHALL ANY LINK CREATE ANY EXPRESS OR IMPLIED WARRANTY BINDING ON COMPANY.

10.4. Products Available from the COMPANY Web Site.

10.4.1. The COMPANY is pleased that YOU have decided to purchase products offered by the COMPANY and by vendors, merchants, sellers, and licensors on the COMPANY Web Site. To ensure that YOU are aware of YOUR rights related to purchasing products offered by vendors and carriers on the COMPANY Web Site, COMPANY has created the following disclaimers which are binding and material terms of this Agreement. YOUR ordering any products, services, or information on or through the COMPANY Web Site constitutes YOUR agreement to the following disclaimers:

10.4.2. YOUR PURCHASE OF ANY PRODUCTS THROUGH THE COMPANY WEB SITE INDICATES YOUR ACCEPTANCE THE TERMS STATED HEREIN. PLEASE REMEMBER THAT ALL OF THE RULES STATED IN THIS AGREEMENT APPLY TO THE PURCHASE OF ANY PRODUCTS THROUGH THE COMPANY WEB SITE.

10.4.3. THE MERCHANDISE, PRODUCTS, SERVICES, OR INFORMATION (COLLECTIVELY, THE “PRODUCTS”) OFFERED FOR PURCHASE THROUGH THE COMPANY WEB SITE ARE PROVIDED BY THIRD PARTIES WHO ARE NOT AFFILIATED WITH OR UNDER THE DIRECTION OR CONTROL OF THE COMPANY. THE COMPANY DOES NOT EITHER EXPRESSLY OR IMPLIEDLY CLAIM TO BE AN AUTHORIZED DEALER OR REPRESENTATIVE OF ANY OF THE INDIVIDUALS, COMPANIES, OR ORGANIZATIONS (COLLECTIVELY REFERRED TO AS “VENDORS”) WHO ARE OFFERING OR PROMOTING PRODUCTS THROUGH THE SITE. THE COMPANY NEITHER REPRESENTS NOR WARRANTS NOR ENDORSES THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVERTISEMENTS UPLOADED, DISPLAYED, OR DISTRIBUTED THROUGH THE COMPANY WEB SITE. THE COMPANY IN NO WAY EITHER EXPRESSLY OR IMPLIEDLY TAKES RESPONSIBILITY FOR THE QUALITY OF ANY PRODUCTS AVAILABLE FOR PURCHASE THROUGH THE COMPANY WEB SITE.

10.4.4. COMPANY FURTHER DISCLAIMS ALL WARRANTIES ON THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

10.4.5. THE VENDORS SELLING THE PRODUCTS THROUGH THE COMPANY WEB SITE ARE SOLELY RESPONSIBLE FOR THE REPRESENTATIONS REGARDING THE PRODUCTS ADVERTISED ON THE COMPANY WEB SITE. IN NO EVENT SHALL COMPANY, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE HELD LIABLE FOR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, ATTORNEYS’ FEES OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY KIND OF DAMAGES WHATSOEVER, EVEN IF COMPANY OR ANY OF THE OTHER PERSONS OR ENTITIES IDENTIFIED IN THIS PARAGRAPH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM THE COMPANY WEB SITE.

10.4.6. By YOUR agreeing to this disclaimer, YOU are indicating that YOU will not for any reason take any legal action against the COMPANY, its parents, its subsidiaries, its members, its partners, its joint venturers, its affiliates, its suppliers, its licensors, its contractors, or their respective agents or employees with respect to any matter covered by the aforementioned disclaimers.

10.4.7. Disputes between YOU and any vendor mentioned in the COMPANY Web Site should be addressed to and taken up with the particular vendor and not with the COMPANY. (disputes over incomplete or otherwise altered records should be taken up with the facility or doctor directly and not with the company).

10.4.8. Furthermore, YOUR acceptance of this disclosure also indicates to the COMPANY that YOU will in no way use the COMPANY as a mediator or witness in any disputes between YOU and any facility or doctor.

10.4.9. Further, YOU are also agreeing that if any portion of this disclaimer is found by a court of competent jurisdiction to be unconscionable, inapplicable, or void, only that portion of this disclaimer will be stricken and the remaining portions shall be valid and binding and in full force and effect.  THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

11. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE COMPANY WEB SITE OR ANY OF THE COMPONENTS OF THE COMPANY WEB SITE, OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE COMPANY WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, REFUSALS TO PROVIDE DATA, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS OR OTHER HARMFUL OR MALICIOUS SOFTWARE AGENT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OR LEGAL THEORY. IN THE EVENT THE COMPANY IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE LIABILITY AS STATED IN THIS AGREEMENT.

12. Indemnification of COMPANY by CUSTOMER.

12.1. Upon request of the COMPANY, YOU agree to defend, indemnify, and hold harmless the COMPANY, its parents, its subsidiaries, its members, its partners, its joint venturers, its affiliates, its suppliers, its licensors, its licensees, its agents, its contractors, or their respective agents and employees, and all their respective heirs, successors, and assigns from all liabilities, claims, losses, judgments, damages, and expenses, including, without limitation, attorney’s fees and costs of litigation arising from breach of this Agreement by use of, or in connection with, the transmission by or through YOUR account of any content or communications.

12.2. The COMPANY reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU hereunder, and in such event, YOU shall have no further obligation to provide indemnification for such matter.

12.3. YOU shall promptly notify COMPANY in writing of any claim arising or potentially arising under this indemnity.

13. Termination of Agreement.

Either YOU or the COMPANY may terminate this Agreement at any time. YOUR sole right with respect to any dissatisfaction with any term of this Agreement, as revised or amended from time to time, or the COMPANY’S performance of this Agreement is to terminate this Agreement by notifying COMPANY in writing.

14. Alternative Dispute Resolution.

14.1. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo ante bellum or prevent irreparable harm pending the selection and confirmation of a panel of arbitrators, any dispute arising under this Agreement shall be resolved through a negotiation/mediation/arbitration approach.

14.2. YOU and the COMPANY agree first to try to resolve the dispute informally between YOU through good-faith negotiations. If it proves impossible to reach a mutually satisfactory solution to the dispute by negotiation, then YOU and COMPANY agree to use mediation as described below.

14.3. YOU and the COMPANY agree to try to resolve the dispute informally and in good faith with the help of a mutually agreed-upon mediator. The mediator shall have such qualifications and experience as YOU and the COMPANY shall agree upon.

14.3.1. If YOU and the COMPANY cannot agree upon the choice of a mediator, then YOU shall submit to the COMPANY the names of three qualified candidates acceptable to the COMPANY to mediate the dispute between us and the COMPANY shall select as mediator one of those three candidates whose names YOU have submitted to the COMPANY.

14.3.2. Alternatively, if YOU cannot or do not submit to the COMPANY the names of three qualified candidates to serve as a mediator, then the COMPANY shall submit to YOU the names of three qualified candidates acceptable to the COMPANY to mediate the dispute between us and YOU shall select as mediator one of those three candidates whose names the COMPANY has submitted to YOU.

14.3.3. The mediation shall be conducted in good faith and on such terms and conditions as the mediator, YOU, and the COMPANY. shall agree.

14.3.4. YOU and the COMPANY shall each pay the mediator one half of the fee for the mediator’s services, regardless of the outcome of the mediation.

14.3.5. If it proves impossible to arrive at a mutually satisfactory solution through mediation, YOU and the COMPANY agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

14.4. The arbitration may be conducted by one impartial arbitrator by mutual agreement or by three arbitrators if YOU and the COMPANY are unable to agree on a single arbitrator within 30 days of first demand for arbitration. The arbitration shall take place at a mutually agreed upon neutral location.  All arbitrators are to be selected from a panel provided by the American Arbitration Association. The chair of the arbitration panel shall be an attorney at law, and the other arbitrators shall have a background or training either in computer or Internet law, computer software, or Internet telecommunications technology, the marketing of computer software products, or electronic commerce conducted via the Internet.

14.4.1. Upon request of either YOU or the COMPANY, the arbitrators shall have the authority to permit discovery to the extent they deem appropriate.

14.4.2. A court reporter shall record the arbitration hearing and the reporter’s transcript shall be the official transcript of the proceeding.

14.4.3. The arbitrators shall have no power to add or detract from the agreements of YOU and the COMPANY and may not make any ruling or award that does not conform to the terms and conditions of this Agreement.

14.4.4. The arbitrators shall have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law or equity.

14.4.5. The arbitrators shall have authority to award punitive damages or any other damages as proven by the COMPANY.

14.4.6. Any damages awarded shall conform to the terms and conditions of this Agreement.

14.4.7. The arbitrators shall specify in writing the basis for any damage award and the types of damages awarded.

14.4.8. The decision of the arbitrators shall be final and binding on the parties and, subject to the jurisdiction and venue provisions in Section 15 of this Agreement, may be entered and enforced in any court of competent jurisdiction by either YOU or the COMPANY.

14.4.9. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney’s fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrators shall, for good cause, determine otherwise.

15. Consent to Jurisdiction; Venue.

Jurisdiction and venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by the COMPANY.

16. Choice of Law.

16.1. For all purposes, this Agreement shall be deemed to have been made within the State of Louisiana. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Louisiana, without regard to Louisiana’s choice of law and conflicts of law rules, and the COMPANY and YOU each submit to the exclusive jurisdiction of the 23rd Judicial District Court, Louisiana, or to the United States District for the Middle District of Louisiana, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.

16.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) OR ANY SUCCESSOR MODEL ACT THAT IS SUBSTANTIALLY SIMILAR TO THE APPROVED DRAFT OF UCITA APPROVED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (NCCUSL) ON OR ABOUT AUGUST 4, 1999, OR ANY STATE LAW THAT IS SUBSTANTIALLY SIMILAR TO THE AFOREMENTIONED MODEL UCITA OR SUCCESSOR LAWS, SHALL APPLY TO ANY TRANSACTION OR ANY PART OF ANY TRANSACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF ANY STATE IN WHICH UCITA MAY HAVE BEEN ENACTED AT THE TIME SUCH TRANSACTION OR ANY PART OF SUCH TRANSACTION PURSUANT TO THIS AGREEMENT SHALL HAVE OCCURRED.

17. Force Majeure.

The COMPANY shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of the COMPANY.

18. Non-transferability of Right to Use Service.

18.1. The rights to use the COMPANY Web Site and YOUR account are not transferable. Accounts and access to the COMPANY Web Site are for YOUR sole use. YOU shall be responsible for the confidentiality of YOUR password. Loaning YOUR account, user name, or password to other persons is expressly prohibited.

18.2. Violation of those terms shall constitute theft of COMPANY’S service and property and may be prosecuted under civil and criminal law.

19. Notices Pursuant to this Agreement.

19.1. YOU agree to notify the COMPANY if YOU move or otherwise change YOUR postal or email address or phone number, and to list a truthful name, postal address, e-mail address, and telephone number on all forms YOU supply to the COMPANY.

19.2. YOU may notify the COMPANY by regular first class mail or by e-mail at admin@requestarecord.com.

19.3. The COMPANY will notify YOU by e-mail at the most current e-mail address YOU have provided to the COMPANY of any notices the COMPANY is required to provide to YOU under this Agreement. YOU explicitly agree to receive all such notices by e-mail. YOU are solely responsible for ensuring that the COMPANY has YOUR most current e-mail address, and the COMPANY shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail the COMPANY sends to the most current e-mail address YOU have provided to the COMPANY.

20. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

21. No Waiver of Provisions of this Agreement.
The COMPANY’S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between YOU and the COMPANY nor any trade practice shall act to modify any provision of this Agreement.

22. No Oral Modification of this Agreement.  This Agreement may not be modified orally.

23. Limitation of Actions Arising Under this Agreement.
All disputes arising under this Agreement shall be resolved subject to the Alternative Dispute Resolution provisions of this Agreement. Any cause of action or dispute YOU may have with respect to the COMPANY’S performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. For purposes of the Alternative Dispute Resolution provisions of this Agreement, the commencement to which this paragraph refers is the date on which YOU notify the COMPANY in writing of a dispute.

24. Attorney’s Fees and Costs in Litigation.

In any action between the COMPANY and YOU to enforce any of the terms of this Agreement, the COMPANY shall be entitled to recover expenses from YOU, including, but not limited to, reasonable attorney’s fees.


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