Updated September 2008
This Web site is provided by Diagnostic Center of Medicine, and its affiliates and subsidiaries (collectively, “dcomnv.com” and “we”). Your use of this Web site is subject to these Terms and Conditions of Web site Use (the “User Agreement”). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Web site and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Web site
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Web site
Dcomnv.com grants you a limited, non-exclusive, revocable license for you to use this Web site for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Web site contains materials and other items relating to dcomnv.com and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Web site, you must respect the intellectual property rights of dcomnv.com and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
All Content is copyrighted, and it is either owned or used with permission by dcomnv.com. dcomnv.com disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with dcomnv.com.
Except as set forth in this User Agreement or in the text of this Web site, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
The trademarks, logos, and service marks displayed on this Web site are owned by dcomnv.com and third parties, and this Web site’s trade dress is owned by dcomnv.com (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by dcomnv.com are the property of their respective owners, and are used with permission. Nothing contained on this Web site may be construed as granting, by implication,, or otherwise, any right or license to use any Trademark.
4. Your Communications to dcomnv.com; dcomnv.com Rights to Your Submissions
Dcomnv.com likes to hear from you. However, in your communications with dcomnv.com, please keep in mind that, unless it specifically requests them, dcomnv.com does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to dcomnv.com any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.
Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to dcomnv.com via this Web site or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Web site (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and dcomnv.com will not assume any responsibility, obligation, or liability for them or for dcomnv.com’s receipt or non-receipt of them. dcomnv.com’s receipt of Your Submissions is not an admission by dcomnv.com of their novelty, priority, or originality, and it does not impair dcomnv.com’s right to contest existing or future intellectual property rights relating to Your Submissions.
You grant dcomnv.com a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by dcomnv.com in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Online Shopping
This Web site and other dcomnv.com web sites may offer online capabilities to purchase products (such as toys) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Web site, please note that we make every effort to display as accurately as possible the products and services that appear on this Web site However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Web site, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.
A. No Purchases by Minors
By ordering a product or service online from dcomnv.com, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from dcomnv.com without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from dcomnv.com.
C. Postage and Handling; Insurance
You are also responsible for paying all postage and handling charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
D. Returns and Warranties
Please review the information available at our online stores regarding our return policies and warranty information.
6. Use Restrictions
You agree that you will not: (a) use this Web site for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Web site by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Web site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Web site or the proper operation of this Web site You also agree that, in using this Web site, you will not impersonate any person or entity.
7. Community Areas; Code of Conduct
Dcomnv.com may elect to offer community features on this Web site, such as message or bulletin boards, forums, and chat rooms. In such events, dcomnv.com will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Web site, although dcomnv.com reserves the right to do so in its sole discretion. dcomnv.com does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to this Web site, you represent and warrant to dcomnv.com that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Web site: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
Dcomnv.com reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. dcomnv.com also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Web site that violate this User Agreement and to deny access by any user to this Web site
8. Investigations; Cooperation with Law Enforcement; Termination
Dcomnv.com reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Web site security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Web site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
9. Privacy and Security Measures
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Web site and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to dcomnv.com. Nevertheless, we cannot guarantee complete security of personal information.
10. Disclaimers and Limitations of Liability
This Web site may include technical inaccuracies or other errors, and your use and browsing of this Web site is at your risk. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. dcomnv.com DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN dcomnv.com WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, dcomnv.com WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. Links by You to this Web site
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Web site, so long as: (a) the links are only to the home page of this Web site, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with dcomnv.com or cause confusion among consumers, (d) the links and related content on your site do not portray dcomnv.com or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
12. Links on this Web site to and from Other Sites
13. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Web site Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Web site (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). dcomnv.com disclaims all liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement
Dcomnv.com will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Web site, then send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) The URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.
Dcomnv.com will only receive DMCA notices by completing our online contact form >>.
Dcomnv.com may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and dcomnv.com may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
15. General Provisions
You agree to indemnify, defend, and hold harmless dcomnv.com (which includes dcomnv.com’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Web site
B. Revisions to this Web site and this User Agreement
Dcomnv.com may, in its sole discretion, make changes to any aspect of this Web site, including, without limitation, any Content, any activities available on this Web site, and any products or services offered through this Web site dcomnv.com may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Web site following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Web site; Availability of Products and Services
Dcomnv.com controls and operates this Web site from its headquarters in Las Vegas, Nevada in the United States of America, and dcomnv.com makes no representation that this Web site is appropriate or available for use beyond the United States of America. If you use this Web site from other locations, you are responsible for compliance with applicable local laws. Although dcomnv.com products and services are available in many parts of the world, this Web site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
© 2015 Diagnostic Center of Medicine All Rights Reserved. Updated September 2008.