| 1. Consent to These Terms and Conditions of Use
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This Web site ("Site") is owned and operated by 2i America LLC ("2i America"). Please feel
free to browse this Site; however, your access to and use of this Site is subject to the
following terms and conditions ("Terms and Conditions"), all other policies of 2i America,
and all applicable laws. By accessing and browsing this Site, you accept, without limitation
or qualification, these Terms and Conditions, which constitute an agreement between you and
2i America.
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| 2. Changes to These Terms and Conditions
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We reserve the right to update or modify these Terms and Conditions, at any time and without
prior notice, by posting the revised version on this Site. These changes will be effective
as of the date we post the revised version on this Site. Your use of this Site following any
such change constitutes your agreement to be bound by the revised Terms and Conditions.
You may access the current version of these Terms and Conditions at any time by clicking on
the link marked "Terms and Conditions" at the bottom of each page of this Site.
These Terms and Conditions are effective as of January 1, 2009.
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| 3. Click-Through Agreements
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Before you may use certain areas of this Site, you may be asked to indicate your acceptance
of certain special terms and conditions by clicking on a button marked "O.K." or "I agree."
Any special terms and conditions to which you agree will supplement and amend these Terms
and Conditions.
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| 4. Restrictions on use of logos, name and materials
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2i America's name and logos and all related product and service names, design marks and
slogans are the trademarks or service marks of 2i America. You are not authorized to use the
letters "2i America" or "2i America LLC" or any current logo or former/old logo or any 2i
America name or mark in any advertising, publicity or in any other commercial manner without
the prior written consent of 2i America.
2i America reserves all legal rights and remedies available to it.
Any unauthorized modification, tampering or change of any information, or any interference
with the availability of or access to this Site is strictly prohibited. This Site contains
material that is protected by international copyright and trademark laws. No material
(including but not limited to the text, images, audio and/or video) and no software
(including but not limited to any images or files incorporated in or generated by the
software or data accompanying such software (individually and collectively the "materials")
may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any
way or decompiled, reverse-engineered or disassembled, unless otherwise specified on the
Site with respect to particular materials. You may download one copy of the materials on any
single computer for your personal, noncommercial use or for internal use in your business
only, provided you keep intact and unmodified all copyright and other proprietary notices.
Modification or use of the materials for any other purpose is a violation of 2i America's or
such other sources' copyright, trademark and other proprietary rights. The use of any such
materials on any other Web site or networked computer environment is prohibited without 2i
America's express written consent.
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| 5. Disclaimer of Warranties
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THIS SITE, ITS CONTENT. AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND. YOUR USE OF OR INABILITY TO USE THIS WEB SITE, ITS CONTENT (INCLUDING, WITHOUT
LIMITATION, CONTENT POSTED BY YOU OR ANY THIRD PARTY), AND THE PRODUCTS AND SERVICES MADE
AVAILABLE THROUGH THIS SITE ARE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, 2I AMERICA, ITS AFFILIATES, AND ITS LICENSORS AND
SERVICE PROVIDERS, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND
SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
THEY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE
SITES; (D) THAT THE CONTENT OF THIS SITE, INCLUDING ANY CONTENT POSTED ON THIS SITE BY YOU
OR ANY THIRD PARTY, IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE FOR ANY PURPOSE AND (E) THAT
THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF
THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
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| 6. Limitations on Liability
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If you are dissatisfied with this Site, any content on this Site, any products or services
made available through this Site, or with any of these Terms and Conditions, your sole and
exclusive remedy is to discontinue accessing and using this Site, its content, and the
products and services made available through this Site.
UNDER NO CIRCUMSTANCES, SHALL 2I AMERICA OR ITS AFFILIATES OR ITS OR THEIR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR TO ANY
THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT ON THIS SITE (INCLUDING, WITHOUT
LIMITATION, CONTENT POSTED ON THIS SITE BY YOU OR ANY THIRD PARTY), OR ANY PRODUCT OR
SERVICE MADE AVAILABLE THROUGH THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF
ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE
CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL
THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY OF 2I AMERICA OR THEIR AFFILIATES HAS
BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD
TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN THE AGGREGATE LIABILITY, OF 2I AMERICA OR ITS AFFILIATES AND ITS AND THEIR
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS FOR LIABILITIES THAT
OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Without limiting the generality of the foregoing, 2i America assumes no responsibility and
shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or
usefulness of any of the materials contained on this Site, including without limitation any
postings of third parties to the Discussion Forums (as defined below). 2i America also
assumes no responsibility and shall not be liable for any damages to, or viruses that may
infect, your computer equipment or other property on account of your access to, use of, or
browsing in this Site or downloading of any materials from this Site, including without
limitation any postings of third parties on this Site.
APPLICABLE LAW MAY NOT ALLOW ALL OF THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR
PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
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| 7. E-communications and "undeliverable" e-mail
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The federal "CAN-SPAM Act" places restrictions on how Internet users may send e-mail
messages where the primary purpose of the message is commercial advertisement or promoting a
commercial product or service. Please refer to the CAN-SPAM Act for further definition of
"commercial messages."
If 2i America is notified that your e-mail address is "undeliverable", e-communications to
you from 2i America may be stopped.
We have listed possible reasons as to why e-mail messages from 2i America may not be
accepted by your e-mail system and include SPAM-blocking measures or e-mail server issues
used by (a) your organization's network, (b) your Internet Service Provider (ISP) or (c)
your personal mail preferences. These reasons include:
Your e-mail server was off-line/down; your mailbox was full or your e-mail address invalid;
Your ISP or mailbox filter filed the message into a junk, spam or trash folder;
The network or ISP found a “black-listed†domain name or Internet Protocol (IP) address.
This "blocking" may happen because SPAM and/or virus scanning software found a "suspicious"
keyword or a message as possibly harmful.
Here are some suggested steps you can take:
Some systems have a "white list" or "trusted list". Please put 2i America domains on these
lists so that 2i America e-mail can reach you. Also, adding 2i America domains to your
address book may assist this process on some e-mail systems.
• The domain names that 2i America uses to send e-mail messages are:
o 2iAmerica.com
o VirtualPracticeManager.com
• Please be sure that 2i America has your current e-mail address. Update it at MY
PROFILE on the 2i America Site.
2i America would like to continue to include you in our e-mail communications. If you have
questions or concerns about the use of these options or how 2i America is communicating you
with, please send an email to support@VirtualPracticeManager.com or call 2i America
toll-free at (877) 538-5597.
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| 8. Links to third-party materials
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2i America may provide links ("links") to Internet sites maintained by third parties. All
links to other sites found on the Site are publicly available on the World Wide Web and are
provided solely for the convenience of users. Unless expressly stated otherwise, links on
the Site are not sponsored by, affiliated with, or the responsibility of 2i America, and the
owners of such links are not affiliated with 2i America and do not sponsor or endorse 2i
America's Site. 2i America has neither tested nor verified the content, accuracy, or
opinions expressed on any links on the Site and disclaim any warranty or liability for
damages associated therewith, including, without limitation, computer viruses or any other
damages to your computer as a result of your using such links to third-party sites.
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| 9. Indemnification
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You agree to indemnify 2i America and to hold 2i America harmless from any and all claims
(including reasonable attorneys' fees and costs) resulting from your acts, omissions, or
representations in any way related to your access to and use of this Site or your breach of
these Terms and Conditions.
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| 10. Entire Agreement
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These Terms and Conditions contain the entire understanding and agreement between you and 2i
America with respect to this Site and supersede all previous communications, negotiations
and agreements, whether oral, written or electronic, between you and 2i America with respect
to this Site and your use of this Site. These Terms and Conditions may only be supplemented
or amended as expressly set forth in these Terms and Conditions.
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| 11. Governing law; jurisdiction; venue
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These Terms and Conditions shall be construed solely in accordance within the internal laws
of the State of Illinois, without giving effect to principles of conflicts of laws. Any
actions, proceedings or suits concerning or relating to these Terms and Conditions or this
Site may only be brought in a court of competent jurisdiction in Cook County, Illinois; or
in the U.S. District Court for the Northern District of Illinois in Chicago, and each party
hereby consents to the jurisdiction and venue of such court and waives any objections
there to.
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| 12. Severability/Waiver
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If any provision of these Terms and Conditions is determined to be 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.
All waivers must be in writing and signed by the party to be bound.
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| 13. Reprint/reproduction requests
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2i America will consider requests for usage of their respective materials.
Please submit requests for reprinting and reproduction of materials to:
2i America LLC
3315 Algonquin Rd, Suite 650
Rolling Meadows, IL 60008
phone (877) 538-5597
fax (888) 563-1316.
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| 14. Reproduction and use of 2i America survey data
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Reproduction or public display of 2i America survey data is expressly forbidden. 2i America
will grant permission to qualifying media and other designated outlets for "limited" use of
data points, generally 25 data points or less per edition, per publication or approved media
outlet. This permission is granted through submission of requests to:
2i America LLC
3315 Algonquin Rd, Suite 650
Rolling Meadows, IL 60008
phone (877) 538-5597
fax (888) 563-1316.
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| 15. Obtaining 2i America's consent
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To request the consent of 2i America for any of the actions for which such consent is
required under these Terms and Conditions, please send an e-mail to:
Info@VirtualPracticeManager.com
2i America reserves the right to refuse any such requests in its sole discretion.
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| 16. Accountability
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2i America has published this information for your convenience and to ensure that we are
striving to maintain these standards for our members and our customers. If you believe that
2i America is not living up to this stated information, policy and terms, you may contact:
2i America LLC
3315 Algonquin Rd, Suite 650
Rolling Meadows, IL 60008
phone (877) 538-5597
fax (888) 563-1316.
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