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SITE TERMS & LEGAL POLICIES
(Version v1_2009; posted and effective as of 07 June 2009)
Applicable to the Physicians’ Commercial Real Estate ("PCRE") and its affiliate sites at the following URL/domain names:
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www.huffmansystems.comm
GENERAL DISCLAIMERS
THIS WEBSITE DOES NOT PROVIDE EITHER MEDICAL ADVICE, NOR INVESTMENT ADVICE OR SOLICITATION. THE INFORMATION PROVIDED ON THIS SITE IS NOT AN OFFER TO PURCHASE ANY SECURITIES AND IS PROVIDED FOR INFORMATION ONLY. SINCE PAST OR PRESENT PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS OR SUCCESS, PLEASE CONTACT PHYSICIANS’ CAPITAL INVESTMENTS LLC FOR A CONFIDENTIAL PRIVATE OFFERING MEMORANDUM (CPOM) FOR INFORMATION RELATED TO ANY INVESTMENT OPPORTUNITY AND ITS ASSOCIATED RISK. BEFORE INVESTING, BE SURE TO CAREFULLY CONSIDER THE INVESTMENT OBJECTIVES, RISKS, CHARGES AND EXPENSES INVOLVED. PLEASE CONTACT YOUR CPA FOR ANY TAX IMPLICATIONS.
THIS SITE AND THE CONTENTS OF THESE SITE PAGES ARE PROVIDED AS A CONVENIENCE TO YOU ON AS AN "AS IS" & "AS AVAILABLE" BASIS. PCI DOES NOT WARRANT THAT YOUR ACCESS TO TEHESE SITE PAGES WILL BE UNITERUPTED OR ERROR-FREE.NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE SITE PAGES. NEITHER PCI, NOR ANY OF ITS CONTRACTORS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE CONTENTS OF THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF PCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PCI ASSUMES NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF OR ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF PCI IN ANY SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE PHYSICIANS’ COMMERCIAL REAL ESTATE ("PCRE") WORLD WIDE WEB PAGES (THESE "Site Pages") AT ONE OF THE URL/ DOMAIN NAMES NOTED ABOVE (THIS "Site"), YOU AGREE TO THE FOLLOWING PRIVACY POLICY (THIS "Policy") AS STATED BELOW. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DISCONTINUE YOUR USE OF THIS SITE.
FRANCHISE STATEMENT
THIS FRANCHISE IS NOT BEING OFFERED TO RESIDENTS OF THE FOLLOWING STATES: CONNECTICUT, HAWAII, ILLINOIS, INDIANA, MAINE, MARYLAND, MINNESOTA, NEBRASKA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, VIRGINIA AND WISCONSIN.
THIS OFFER IS NOT DIRECTED TO ANY PERSON IN THE STATES LISTED ABOVE OR ON BEHALF OF THE FRANCHISOR OR ANYONE ACTING WITH THE FRANCHISOR'S KNOWLEDGE. NO FRANCHISES CAN BE SOLD IN THE STATES LISTED ABOVE UNTIL THE OFFERING HAS BEEN REGISTERED AND DECLARED EFFECTIVE BY THE APPROPRIATE REGULATORY AUTHORITY AND THE UNIFORM FRANCHISE OFFERING CIRCULAR HAS BEEN DELIVERED TO THE OFFEREE BEFORE THE SALE WITHIN THE APPLICABLE TIME FRAME. THIS FRANCHISE IS OFFERED ONLY BY DELIVERY OF A FRANCHISE OFFERING CIRCULAR.
MODIFICATION OF SITE
PCRE may change these Site Terms, or change, modify or withdraw access to, or the content of, this Site and these Site Pages at any time, with or without notice, so you should recheck these Site Terms prior to each visit to or use of this Site. PCRE has posted above the effective date of this version of these Site Terms for your reference.
PRIVACY STATEMENT
The Physician’s Physicians’ Commercial Real Estate, its subsidiaries, and its representatives respect your privacy.
When contacting us, you may be requested to supply personal information such as your name, address, telephone number or email address. This data is strictly for the purpose of processing your inquiry.
Physicians’ Commercial Real Estate, its subsidiaries and/or partners will never distribute or resell client information that may be used in surveys, mailing lists, or any other purpose other than what is required to perform specific task requested by the client.
CHILD PRIVACY STATEMENT
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge, through your use of this domain, as well as all sub domains of www.physcap.com, including but not limited to text, sound, graphics, or other material contained herein, or e-mail distributed to clients, is protected by copyrights, trademarks, service marks, or other proprietary right and laws; therefore, You are only permitted to use this Content as expressly authorized in writing or by email from a Physicians’ Capital Investment representative. You cannot copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Physicians’ Physicians’ Commercial Real Estate (PCRE).
Every effort has been made to provide you with clear, concise information, and You agree to indemnify us, and hold harmless all subsidiaries, representatives, and employees of PCRE for any misuse of information provided for educational purposes, including, but not limited to www.physicianscommercial.com.
FAIR USE DISCLAIMER
This site may contain copyrighted material, the use of which has not always been specifically authorized by the copyright owner. Such material is made available in an effort to advance understanding of the emotional, intellectual, social, physical, spiritual, occupational, and environmental issues related to this website. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of United States Copyright Law. Every effort to include appropriate credit, hyperlinks, and author/publication information has been made. In the event that you wish to use such copyrighted material for purposes that go beyond 'fair use', you must obtain direct permission from the copyright owner. For more information visit: http://www.law.cornell.edu/uscode/17/107.shtml.
CLIENT AND PARTNER DISCLOSURE
PCRE may provide links to third-party web sites. PCRE does not recommend and does not endorse the content on any third-party websites that are not part of the PCRE unless expressly stated in the Affiliate Disclosure. PCRE is not responsible for the content of linked third-party sites, sites framed within this website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
THIRD PARTY LINKS AND CONTENT
For your convenience, PCRE may include links to other sites on the Internet that are owned or operated by third parties. All of the data contained on this Site relating to third-party products or services, including but not limited to, the prices and the availability of any service, product, product feature, or coverage of service, if any, should be verified with the company supplying the product or service and is subject to change without notice. When linking to a third-party site, you do so at your own risk and should review and determine if you agree to that site's terms and conditions of use (legal policy) before using such site. You also agree that PCRE has no control over the content of any such sites and cannot assume any responsibility for material posted on or published by third-party sites. In addition, a link to a non-PCRE site does not imply that PCRE endorses the site or the products or services referenced on such third party site. You may link to this Site for non-commercial purposes only.
AFFILIATE DISCLOSURE
PCRE has established marketing and partnership roles with multiple organizations encompassing health and wellness industries in an effort to share our mission with others. Actual products or services promoted via affiliate relationships throughout the PCRE network of websites may, under certain circumstances, provide financial compensation to PCRE. The managing members of the PCRE maintain a shared interest in financial relationships associated with such products sales and partner companies that include, but are not limited to, Physicians' Capital Investments ("PCI"), Huffman Builders, Huffman Systems, Huffman Renal Ventures, and associated PCI Real Estate Limited Partnerships. For a complete list please contact PCRE
PRODUCT REVIEWS, TESTIMONIALS AND ENDORSEMENTS
PCRE may display testimonials for specific properties mentioned on this website. PCRE makes every effort to comply with all applicable U.S. Federal Trade Commission guidelines for product testimonials, reviews and endorsements as described in FTC Guides Concerning Use of Endorsements and Testimonials In Advertising.
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PCRE reserves the right (but not the obligation) to remove such content.
If you submit material, you grant PCRE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PCRE and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PCRE or its affiliates for all claims resulting from content you supply. PCRE has the right but not the obligation to monitor and edit or remove any activity or content. The PCRE takes no responsibility and assumes no liability for any content posted by you or any third party.
RESTRICTED USE AND COPYRIGHTS
The information, photographs, audio and video clips, picture images, graphics, links, architecture, including format, layout and data structures, and other content on this Site are protected in the U.S. and in other countries by a variety of laws, including but not limited to copyright laws and treaty provisions, trademark laws and proprietary rights laws. The images or pictures of PCRE products, people or places are either property of, or used with permission by, PCRE. The use of this Site's text, audio, images or pictures by you, or anyone else authorized by you, is strictly prohibited, except in compliance with these Site Terms. Except for certain Site content that may be owned by third parties, PCRE LLC and/ or its related companies own copyright in the individual elements of this Site's content, as well as in the selection, coordination and arrangement of this Site's content. Reproduction, transfer, distribution or storage of part or all of the contents of this Site in any form without the prior written permission of PCRE is prohibited, except in accordance with these Site Terms. PCRE consents to your browsing this Site on your computer or storing these Site Pages on your computer, or printing copies of extracts from these Site pages, for your personal use only and not for redistribution, unless otherwise consented to in writing by PCRE. The limited consent granted in these Site Terms shall terminate automatically if you breach any of these Site Terms. Upon any such termination, you must immediately destroy any disk loaded copies of these Site Pages, or applicable printed materials. Individual documents in these Site Pages may be subject to additional terms indicated in those documents. Unauthorized use of the materials displayed on this Site may violate copyright, trademark, privacy, publicity and/or communications laws and regulations.
FRAMING
If you want to frame any of these Site Pages or any portion of this Site for access through your Web site, please email PCRE and in the subject line of your email state "Framing Request" and provide any other pertinent information, including a link to your site, so that PCRE can evaluate your request. PCRE reserves the right to withhold its approval of any such framing activities. PCRE will notify you electronically or in writing with approval or disapproval.
TRADEMARKS
Physicians’ Commercial Real Estate® and other PCRE product names, logos, commercial symbols, trade names and slogans are trademarks of Physcians' Capital Invesments LLC and/or its related companies and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing on this Site without the express prior written consent of PCI LLC, except as permitted by applicable laws. The other marks and logos shown on this Site may be marks owned by third parties that are not affiliated with PCRE and/or its related companies. Such marks appear for identification purposes only and are the property of their respective companies. Nothing shown on this Site should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this Site without the written permission of PCI/PCRE or the third party that may own the trademark, service mark or trade name at issue. PCI prohibits, without prior PCI/PCRE written consent, the use of any PCRE logo or mark as a hyperlink to this Site.
GOVERNING LAW
As used in these Site Terms, "PCI" means Physicians Capital Investments. PCI operates and controls this Site from locations within the United States of America, including the Dallas-Fort Worth, Texas area. As such, the information contained on this Site hereby is deemed provided in the state of Texas and governed by and subject to the laws of Texas and, where applicable, U.S. federal law.
Please contact us for more information regarding legal usage and rights to this webite.
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"THIS FRANCHISE IS NOT BEING OFFERED TO RESIDENTS OF THE FOLLOWING STATES: CONNECTICUT,
FLORIDA, HAWAII, ILLINOIS, INDIANA, KENTUCKY, MAINE, MARYLAND, MICHIGAN,
MINNESOTA, NEBRASKA, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, UTAH, VIRGINIA,
WASHINGTON AND WISCONSIN.
THIS OFFER IS NOT DIRECTED TO ANY PERSON IN THE STATES LISTED ABOVE OR ON BEHALF
OF THE FRANCHISOR OR ANYONE ACTING WITH THE FRANCHISOR'S KNOWLEDGE. NO FRANCHISES CAN
BE SOLD IN THE STATES LISTED ABOVE UNTIL THE OFFERING HAS BEEN REGISTERED AND DECLARED
EFFECTIVE BY THE APPROPRIATE REGULATORY AUTHORITY AND THE UNIFORM FRANCHISE OFFERING
CIRCULAR HAS BEEN DELIVERED TO THE OFFEREE BEFORE THE SALE WITHIN THE APPLICABLE TIME
FRAME. THIS FRANCHISE IS OFFERED ONLY BY DELIVERY OF A FRANCHISE OFFERING CIRCULAR."
Information herein is deemed reliable but not guaranteed.
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