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The
following are terms of a legal agreement ("Agreement") between
you and Healthcare
Realty
Trust Incorporated ("HRT"). By accessing, browsing
and/or otherwise using this
web
site ("Site"), you acknowledge that you have read, understood
and agreed to be
bound
by these terms and conditions, and to comply with all applicable laws
and
regulations.
If you do not agree to all of these terms and conditions, you may not
access,
browse
and/or use this Site. The material provided on this Site is
protected by law,
including,
but not limited to, United States copyright law and international
treaties.
This
site is controlled and operated by HRT from it's offices within the
United States, and
access
to the Site from territories where the site and its contents are illegal
is prohibited.
Those
who choose to access this Site from other locations are responsible for
compliance
with
applicable local laws.
These
terms of access apply to your access to and use of this Site and do not
alter in any
way
the terms and conditions of any other agreement you may have with HRT
for products,
services
or otherwise, unless otherwise directed by HRT. If you breach any
of these terms
and
conditions, your authorization to use this Site automatically terminates
and you must
immediately
destroy any downloaded or printed materials and discontinue use of any
hyperlinks
to this Site.
1.
USE RESTRICTIONS
(a) Copyright. All Site materials, including, without
limitation, text, graphics and other files
and
the selection and arrangement thereof are copyrighted materials of
Healthcare Realty
Trust Incorporated, © 2002, ALL RIGHTS RESERVED, or by the original
creator of this
material. Permission is granted to display, copy, distribute, and download the materials
on
this Site for personal, noncommercial use only, provided you do not
modify the materials
and
that you retain all copyright and other proprietary notices contained in
the materials.
You
may not, however, distribute, copy, reproduce, display, republish,
download, or transmit
any
material on this Site for commercial use without prior written approval
of HRT. You may
not
"mirror" any material contained on this Site on any other
server without prior written
permission
from HRT. Any unauthorized use of any material contained on this
Site may
violate
copyright laws, trademark laws, the laws of privacy and publicity and
communications
regulations and statutes.
(b) Trademarks. The trademarks, service marks, trade names,
and logos (the
"Trademarks")
used and displayed on this Site are registered and unregistered
Trademarks of HRT. In addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks and/or trade
dress of HRT, and my not be copied,
imitated or used, in whole or in
part, without the prior written permission of HRT. You
acknowledge
that the Trademarks used and displayed on this
Site are and shall
remain the
sole property of HRT or the Trademark owner. Nothing in this Agreement shall confer any
right of ownership of any of the
Trademarks in you. Further, nothing in this Site shall be
construed as granting, by implication, estoppel or otherwise any license
or right to use any
Trademark
used or displayed on the Site, without the
express written permission of HRT or
the Trademark owner. The
misuse of the trademarks displayed on this Site, or any other
content on
this Site, is strictly prohibited.
(c) Hyperlinks. You are granted a limited, nonexclusive
right to create a "hypertext" link to
this Site provided that such link is to the entry page of this Site and
does not portray HRT or
any of its products or services in a false, misleading, derogatory, or
otherwise defamatory
manner.
This limited right may be revoked at any time for any reason
whatsoever. You
may not use framing techniques to enclose any HRT trademark, logo or trade
name
or other proprietary
information including the images found at the Site, the content of any
text
or the layout/design
of any page or any form contained on a page without HRT's express
written consent.
Links to third party sites on this Site are provided solely as
convenience to
you. If you use these links, you will leave this Site. HRT has not reviewed all of these third
party sites
and does not control and is not responsible for any of these sites,
their content or
their
policies,
including, without limitation, privacy policies or lack thereof.
HRT does not
endorse or make any representations about third party sites or any information,
software or
other products or materials found there, or any results that may be obtained
from using
them. If you decide to access any of the third party sites linked to this site, you do so entirely
at your own risk. You acknowledge and agree that HRT shall not be
responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by,
or in
connection with the use of or reliance on any such third party sites.
(d) Downloadable Materials. Any software, including codes or
other materials that are
made available to download from this Site, is
the copyrighted work of HRT and/or its
suppliers and affiliates.
If you download software from this Site, use of the software is
subject to the license terms in the software license agreement that accompanies
or is
provided with the software. You may not download or install
the software until you have
read and accepted the terms of the
applicable software to any other server or location for
further reproduction or redistribution is expressly prohibited unless otherwise
provided for in
the applicable software license agreement in the case of
software, or the express written
consent of HRT in the case of codes or
other downloadable materials.
(e) Limited Access. Except as otherwise expressly permitted
by HRT, any access or
attempt to access other areas of HRT computer
system or other information contained on
the system for any purposes is
strictly prohibited. You agree that you will not sue any
robot,
spider, other automatic device, or manual process to "screen
scrape," monitor, "mine," or
copy the Web pages on the
Site or the content contained therein without HRT's prior,
express, and
written permission. You will not spam or send unsolicited e-mail
to any other
user of the Site for any reason. You agree that you
will not use any device, software or
routine to interfere or attempt to
interfere with the proper working of the Site. You agree that
you
will not take any action that imposes an unreasonable or
disproportionately large load
on HRT's infrastructure.
2.
DISCLAIMER WARRANTY
This Site, including all software, functions, materials, and
information, is provided "as is"
without warranties of any kind, either express or implied. HRT disclaims all warranties,
express or implied, including, but not limited to, warranties of quiet
enjoyment and
non-infringement and implied warranties of
merchantability, fitness for a particular purpose,
non-infringement,
title, quiet enjoyment, merchantability of computer programs, data
accuracy, system integration, and informational content. HRT does
not warrant or make
any representations regarding the operation of this
Site, the use, validity, accuracy or
reliability of, or the results of
the use of the materials on this Site or any other sites linked to
this
Site. The materials of this Site may be out of date, and HRT makes
no commitment
to update the materials at this Site. HRT does not
and cannot guarantee or warrant that the
files available for downloading
from this Site, if any, will be free from infection, viruses,
works, Trojan horses, or other code that manifest contaminating or destructive
properties.
HRT does not warrant that this Site, software,
materials, products, or services will be
uninterrupted or error-free or
that any defects in this Site, software, materials, products, or
services will be corrected.
3.
LIMITATION OF LIABILITY
In no event will HRT, its suppliers or other third parties mentioned at
or in this Site be liable
for any damages (including, with limitation
direct, indirect, special, incidental, or
consequential damages), damages
resulting from lost profits, lost data or business
interruption arising
out of relating to the use, inability to use, or resulting from the use
of this
Site, any web sites linked to this Site, the materials software
or other information contained in
any or all such sites, whether
based on
warranty, contracts, tort (including but not limited to,
negligence) or
any other legal theory and whether or not advised of the
possibility of
such
damages. If your use of the materials or information from
this Site results in the need for
servicing, repair or correction of
equipment or data, you assume all costs thereof. Some
states do
not allow the excluding or limitation of incidental or consequential
damages, so
the above limitation or exclusion may not apply to you.
4.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with "RESTRICTED
RIGHTS." Use, duplication, or
disclosure by the government is
subject to restrictions as set forth in applicable laws and
regulations. Use of the materials by the government constitutes
acknowledgment of HRT's
or other owner's proprietary rights in them.
5.
REVISIONS TO THIS AGREEMENT
HRT may revise this Agreement
at any time without notice by updating this posting. By
using this
Site you agree to
be bound by any such revisions and should therefore
periodically visit
this Site and page to determine the then current
terms and conditions of
use to which you are bound.
6.
TRANSMISSIONS
Any material, information or
idea you transmit to or post on this Site by any means will be
treated
as non-confidential
and non- proprietary and may be disseminated or used by HRT
or its
affiliates for any purpose whatsoever,
including, but not limited to, developing,
manufacturing and marketing
products. You are prohibited from
posting or transmitting to or
from this Site any unlawful, threatening,
libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, profane material or any other material,
including but not limited
to any material
that could give rise to any civil or criminal liability under both
domestic and
international law.
7.
APPLICABLE LAWS & MISCELLANEOUS
This Agreement shall be
governed by, and construed and interpreted in accordance with,
the laws
of the State of Tennessee,
United States of America, without giving effect to its
conflict of
laws. Any and all claims or controversies
arising from, relating to, or concerning
this Agreement shall be brought
either in a court of competent jurisdiction
located in
Nashville, Tennessee. Any failure by HRT to detect or
protest any breach of this
Agreement shall
not constitute a waiver or impairment of any relevant term or condition,
or
the right of HRT at any time to avail itself
of such remedies as it may have for any breach or
breaches of such term
or condition. A waiver by HRT may only
occur in writing. If any
provision hereof is declared invalid by a
court of competent jurisdiction, such provision shall
be ineffective only to the extent of such invalidity, so that the
remainder of that provision and
all remaining provisions
of this Agreement will continue in full force and effect.
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