In the creation of a business, one must be especially careful not to violate any trademarks being used by other people or companies. In 1976, the Lanham act defined a trademark as a “work, name, symbol, devise, or other designation, or a combination of such designations, that is distinctive of a person’s goods or services and that is used in a manner that identifies and distinguishes them from the goods or services of others” [(15 U.S.C., Sec. 1127 (2000)]. Our company, Newburyport Family Practice, will have a website and brand that can be seen by essentially anyone in the world, so our trademark must fit this widespread availability appropriately. In order to insure compliance with the law, all trademarks and trade names will conform to the legal naming factors. These factors take into consideration the strength of the trademark, if it is “confusingly similar” to other trademarks of companies that produce similar goods or services, the existence of wrongful intent, and the duration of the period in which the defendant used the mark without actual confusion. If Newburyport Family Practice ever is the subject of a trademark infringement case, the plaintiff would need to prove either an actual loss of profits or the potential for such a loss immediately resulting from the infringement. Securing and registering our trademarks in advance with the pertinent governmental office will alleviate such trademark liability.
On a slightly different note, the possibility exists for a case of trademark dilution. This could occur if Newburyport Family Practice used a trademark or likeness of a considerably famous company, and the use of such a trademark either blurred or tarnished the trademark’s meaning or value. In the case of trademark dilution, the plaintiff is not responsible for proving an immediate likelihood of confusion, nor do the two companies need to operate in the same line of business. To prevent this from occurring, Newburyport Family Practice will uphold high ethical standards, use likenesses with permission, and give trademark owners the opportunity to notify us if any infringing material is found to be presented by the company.
Finally, Newburyport Family Practice could be accused of the wrongful registration of a domain name if our website was confusingly similar to that of a website or company already in operation. The plaintiff would need to prove that our use of the domain name was not legitimate and constituted “bad faith” use, generally indicating the intent simply to purchase a domain name in order to auction it off for a profit later. Since this is not the case and all governmental records have been checked both at the state and federal level, there should be no such liability held by the company.
Because Newburyport Family Practice is not a generic mark, or a common phrase used to describe a number of things, the trademark “Newburyport Family Practice” has received recognition by the state of Massachusetts, and would be likely to receive protection by the USPTO from possible infringers.
By definition, copyrights are intended to protect “original works of authorship fixed in a tangible medium of expression.” In the case of Newburyport Family Practice, this concept is applicable in terms of the company website content, digital content, business plan, and promotional materials. The website itself could be considered an original creative work, and therefore has earned the right to protection under federal copyright law. Copyright law does not require that the content in question be used in commerce, but in the case of the Newburyport Family Practice website, the site is used as the primary means of earning revenue, and is therefore crucial to the company’s success. If Newburyport Family Practice obtains a copyright for its web content, the rights will be valid for seventy years beyond the life of the creator. During this time, the website can only be used in accordance with the terms of “fair use,” which state that public copying of content from any company copyrighted materials should be non-commercial, informative, limited in relation to the content of the entire document or site, and should not cause any reduction in the potential or actual value of the website to the Newburyport Family Practice company. The company has exclusive rights to display and distribute the website and other materials to the general public, and any violation of these rights can end in a lawsuit to reestablish proper use of the site.
Patents, at first glance, may seem somewhat unrelated to the Newburyport Family Practice concept. To most Americans, a patent is simply the protection of a physical concrete invention. However, the concept can also be applied to any idea that is novel, useful, and non-obvious to the average person. Stated very simply, a patent forbids other people and companies from providing a patented good or service to the public for twenty years from the date that the patent application is filed. For instance, Newburyport Family Practice could obtain a business method patent for our unique methods. This would prohibit other companies from deriving any sort of economic benefit from our original ideas for the life of the patent. However, an issue could arise if another company developed a similar business method without the knowledge of Newburyport Family Practice. The United States traditionally awards the patent to the person or organization who can prove that they invented the patentable item first, rather than deciding based on who filed the patent application first. This system was implemented in order to discourage inventors from rushing the creative process in order to simply obtain a patent. When inventors are allowed to take their time, the end result is bound to be much better. In some cases, the question of who rightfully deserves the patent would be very difficult to answer fairly and may result in neither company being awarded the patent if neither can prove that they were the first to invent the product or idea.
Similar to patents, trade secrets include ideas that help a business to perform better than its competitors, but need not necessarily be specific methods or processes. For instance, the company’s financial statements, before released to the public, are considered private information that could potentially harm or help the company’s relationship with investors and stock prices, if the company is ever publicly traded. In the case of Newburyport Family Practice, our method of searching for a client’s name on the internet and thereby trying to dissolve any potential threat to his or her reputation is our most important trade secret. If we wanted to hold an employee liable for the release of a trade secret, such as our search method, we would need to prove that a “reasonable person” would have known that the distribution of the secret was a wrongful act and would not have shared the information with the public. Newburyport Family Practice would also need to prove that the information was, in fact, a trade secret, and that we were the rightful owners of the information. When companies lay off employees, a concern may be that trade secrets will be spread to competitors. To calm this fear to some extent, many companies require their employees to sign a confidentiality agreement forbidding the employee to release any of the company’s private information. Furthermore, some companies even institute a sort of “cooling off” period after an employee leaves a position, forbidding him or her from working for a direct competitor within a given period of time. This is called a non-compete agreement which employees will sign to a 2 year term beginning at the leave from the company as well as during their tenure at the company too.
“These Terms and the relationship between you and Newburyport Family Practice shall be governed by the laws of the State of Massachusetts as applied to agreements made, entered into, and performed entirely in Massachusetts by Massachusetts residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Newburyport Family Practice Websites shall be brought in the Federal or State courts located in Massachusetts, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Newburyport Family Practice to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Newburyport Family Practice and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Newburyport Family Practice Websites.”
Use of Newburyport Family Practice Websites
Except as set forth in “Other agreements; software, services or access”, below, Newburyport Family Practices authorizes you to use the Newburyport Family Practice Website only for your own personal, non-commercial purposes. Use of the Newburyport Family Practice Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Newburyport Family Practice, Newburyport Family Practice owns the Newburyport Family Practice Website. The Newburyport Family Practice Website is protected under United States and international copyright laws. Any unauthorized use of the Newburyport Family Practice Website may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Newburyport Family Practice Website and for paying all charges related thereto. When you register to open an account anywhere on the Newburyport Family Practice Website, or when you contact Newburyport Family Practice through the Newburyport Family Practice Website for the purpose of receiving products or services, Newburyport Family Practice may collect certain personal information about you. Newburyport Family Practice’s use of such information is governed by the provisions of the Newburyport Family Practice Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Newburyport Family Practice Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Newburyport Family Practice Website password and you are solely responsible for all activities that occur under your password. You agree to notify Newburyport Family Practice immediately of any unauthorized use of your password or any other breach of security related to the Newburyport Family Practice Website. Newburyport Family Practice reserves the right to require you to change your password if Newburyport Family Practice believes that your password no longer is secure. Access to Newburyport Family PracticeS Website granted under other separately executed agreements by Newburyport Family Practice and You shall supersede the terms contained in this Section.
You agree not to use the Newburyport Family Practice Website (including, without limitation, any Materials or Services you may obtain through your use of the Newburyport Family Practice Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Newburyport Family Practice Website or servers or networks connected to the Newburyport Family Practice Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Newburyport Family Practice Website; or (y) attempt to gain unauthorized access to any portion of the Newburyport Family Practice Website or any other accounts, computer systems, or networks connected to the Newburyport Family Practice Website, whether through hacking, password mining, or any other means.
Except as set forth in “Other agreements; software, services or access”, below, Newburyport Family Practice may terminate, suspend, or modify your registration with, or access to, all or part of the Newburyport Family Practice Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Newburyport Family Practice Website at any time. If you breach any of these Terms, your authorization to use the Newburyport Family Practice Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE Newburyport Family Practice WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Newburyport Family Practice WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT Newburyport Family Practice, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. Newburyport Family Practice EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Newburyport Family Practice WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Newburyport Family Practice MAKES NO WARRANTY THAT THE Newburyport Family Practice WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE Newburyport Family Practice WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE Newburyport Family Practice WEBSITE WILL BE CORRECTED. Newburyport Family Practice MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Newburyport Family Practice WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Newburyport Family Practice WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE Newburyport Family Practice WEBSITE OR FROM Newburyport Family Practice, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE Newburyport Family Practice PARTIES”) SHALL CREATE ANY WARRANTY. Newburyport Family Practice DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE Newburyport Family Practice PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE Newburyport Family Practice WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE Newburyport Family Practice WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY Newburyport Family Practice PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Newburyport Family Practice Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Newburyport Family Practice Party’s liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
Newburyport Family Practice may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to Newburyport Family Practice Website under the terms of a separate agreement between you and Newburyport Family Practice (each, an “Other Agreement”). Newburyport Family Practice’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the Newburyport Family Practice Website (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to Newburyport Family Practice Website
Newburyport Family Practice reserves the right to modify, suspend, or discontinue the Newburyport Family Practice Website at any time without notice to you. For example, Newburyport Family Practice may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Newburyport Family Practice makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local Newburyport Family Practice business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the Newburyport Family Practice Website (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant toNewburyport Family Practice an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Newburyport Family Practice deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Newburyport Family Practice reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Newburyport Family Practice may, but is not obligated to, pre-screen User Submissions or monitor any area of the Newburyport Family Practice Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Newburyport Family Practice is not required to host, display, or distribute any User Submissions on or through the Newburyport Family Practice Website and may remove at any time or refuse any User Submissions for any reason. Newburyport Family Practice is not responsible for any loss, theft, or damage of any kind to any User Submissions. Newburyport Family Practice does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Newburyport Family Practice will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Newburyport Family Practice does not guarantee that you will have any recourse through Newburyport Family Practice or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old;(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Newburyport Family Practice the rights in your User Submissions described herein;(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Newburyport Family Practice described herein;(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;(f) you voluntarily agree to waive all “moral rights” that you may have in your User Submission;(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Linking to this Site
You may create links to this Site from other website, but only in accordance with the following terms and in compliance with all applicable laws. Absent Newburyport Family Practice’ written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any Newburyport Family Practice logo); (b) shall not create a browser or border environment around any Materials;(c) shall not imply that Newburyport Family Practice endorses such website or any products, services, or content available through such website; (d) shall not misrepresent its relationship with Newburyport Family Practice; (e) shall not present false or misleading information about Newburyport Family Practice, its products, or its services; (f) shall not contain content that could be construed as distasteful, offensive, or controversial; and (g) shall contain only content that is appropriate for all age groups.
Newburyport Family Practice and any other product or service name or slogan or logo contained in the Newburyport Family Practice Website are trademarks of Newburyport Family Practice and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Newburyport Family Practice or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Newburyport Family Practice or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing any name, trademark, or product or service name of Newburyport Family Practice without Newburyport Family Practice’ prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Newburyport Family Practice and may not be copied, imitated, or used (in whole or in part) without Newburyport Family Practice’ prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Newburyport Family Practice.
Procedure for making claims of infringement (In accordance with the DMCA)
Newburyport Family Practice respects the intellectual property rights of others. Accordingly, Newburyport Family Practice has a policy of removing User Submissions that violate copyright law, suspending access to the Newburyport Family Practice Website (or any portion thereof) to any user who uses the Newburyport Family Practice Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Newburyport Family Practice Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Newburyport Family Practice has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Newburyport Family Practice Website, please provide written notice to the following Newburyport Family Practice agent for notice of claims of infringement:
Attn: David Lanphear
Diversified Data Technologies, LLC
3 Cherry Street
Newburyport, MA 01950
Your written notice must:
(a) contain your physical or electronic signature;
(b) identify the copyrighted work or other intellectual property alleged to have been infringed;
(c) identify the allegedly infringing material in a sufficiently precise manner to allow Newburyport Family Practice to locate that material;
(d) contain adequate information by which Newburyport Family Practice can contact you (including postal address, telephone number, and e-mail address);
(e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
(f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Newburyport Family Practice’ designated agent, as they will be deleted upon receipt.
U.S. government restricted rights
Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software,” or to clauses providing Newburyport Family Practice equivalent protections in DFARS or other agency specific regulations.
International and export issues
Newburyport Family Practice administers this Site from its office in Newburyport, Massachusetts. Newburyport Family Practice makes no representation that the Newburyport Family Practice Website is appropriate or available for use outside the United States and access to the Newburyport Family Practice Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the Newburyport Family Practice Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Newburyport Family Practice Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend, and hold harmless the Newburyport Family Practice Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Newburyport Family Practice reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Newburyport Family Practice’ defense of such claim.
When you visit the Site or send e-mails to Newburyport Family Practice, you are communicating with Newburyport Family Practice electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Newburyport Family Practice provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the Newburyport Family Practice Website, constitute the entire and exclusive and final statement of the agreement between you and Newburyport Family Practice with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Newburyport Family Practice with respect to such subject matter. The Newburyport Family Practice Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Newburyport Family Practice shall be governed by the laws of the State of Massachusetts as applied to agreements made, entered into, and performed entirely in Massachusetts by Massachusetts residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Newburyport Family Practice Website shall be brought in the Federal or State courts located in Massachusetts, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Newburyport Family Practice to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Newburyport Family Practice and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Newburyport Family Practice Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Newburyport Family Practice. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Newburyport Family Practice without restriction.
Modifications to these Terms
Newburyport Family Practice may, in its sole and absolute discretion, change these Terms from time to time. Newburyport Family Practice will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Newburyport Family Practice Website. Continued use of the Newburyport Family Practice Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Newburyport Family Practice Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.