Terms of Use

Last modified: January 27, 2009

Limited License

Wiederman & Potter Premium Practice Sales, LLC. (hereinafter, "Wiederman & Potter Premium Practice Sales") currently provides this service free of charge to you under the terms and conditions primarily set forth in this Terms of Use section of the Web site. However, there may be additional terms and conditions in other sections of this Web site, which are expressly incorporated herein and also must be observed and followed (collectively referred to hereinafter as "Terms of Use"). By accessing or using this site, you agree to abide by the Terms of Use.

Subject to the Terms of Use, Wiederman & Potter Premium Practice Sales grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use and privately display this Web site for the sole purpose of identifying products, services and suppliers for your legitimate personal and/or business needs. Any other use of this Web site is expressly prohibited and constitutes a material violation of the Terms of Use. Prohibited uses include, without limitation, using email addresses obtained from this Web site for solicitation purposes of any kind, directly or indirectly, the use of data mining, robots or other similar data gathering and extraction tools, and making any derivative works based, in whole or in part, on any portion or all of this Web site. Wiederman & Potter Premium Practice Sales reserves the right, at its sole discretion, to change, modify, add or remove the Terms of Use, in whole or in part, at any time without prior notice or liability. Your continued access or use of this site after any such change, modification, addition or removal of the Terms of Use will constitute your acceptance thereof. Further, Wiederman & Potter Premium Practice Sales reserves the right, at its sole discretion, and without prior notice or liability, to terminate, modify or add any features to this Web site at any time. Wiederman & Potter Premium Practice Sales also reserves the right, at its sole discretion, and without prior notice or liability, to limit or terminate your access to this Web site, and you agree to abide by such limit or termination.

In addition, you agree not to modify, add or delete any content on this site, without the express written permission of Wiederman & Potter Premium Practice Sales. Further, you agree not to interrupt or attempt to interrupt the operation of this Web site or access thereto by other users. You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Web site, the services offered on this Web site, or access to this Web site. You may link to this Web site, so long as it does not portray Wiederman & Potter Premium Practice Sales or its affiliates in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner. Further, the linking site must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation with Wiederman & Potter Premium Practice Sales may be indicated without Wiederman & Potter Premium Practice Sales's express written permission. Wiederman & Potter Premium Practice Sales reserves the right to require that you remove any link to this Web site for any reason, and you agree to carry out the removal immediately. You agree that information you provide to this Web site or the vendors, suppliers or individual whose products or services are present in the online directory of this Web site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Web site or to the manufacturers and distributors whose products are present in the online directory of this Web site. If any court of competent jurisdiction deems any provision of these Terms of Use to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of the Terms of Use, and the remaining provisions shall remain in full force and effect. The headings in this section of the Web site are intended solely for convenience and are not considered to be terms within the Terms of Use.

The Terms of Use constitutes the entire agreement between Wiederman & Potter Premium Practice Sales and you with regard to your access and use of this Web site, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.

Disclaimer/Indemnity/Limitations on Damages

Names, addresses, products/services descriptions and other information contained in the electronic directory of this Web site have been derived from information supplied by the respective vendors. Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy. The data and information contained in the electronic catalog are intended for use by persons possessing a certain degree of technical skill and knowledge. Conditions of use of the items listed in the electronic directory are beyond our knowledge or control and consequently we assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented. Users of the electronic directory do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in the electronic directory.

Wiederman & Potter Premium Practice Sales EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Wiederman & Potter Premium Practice Sales BE LIABLE FOR ANY INJURY, EXPENSES, PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY LOSS OR EXPENSE ARISING OUT OF THE ACCESS, USE OR INABILITY TO USE ANYTHING ON THIS WEB SITE OR ANY PRODUCT DESCRIBED IN THE ELECTRONIC DIRECTORY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If, despite the language of the Terms of Use, Wiederman & Potter Premium Practice Sales becomes liable to you for anything arising out of or related in any way to your access, use or inability to use this Web site or any product/service described in the electronic directory, then Wiederman & Potter Premium Practice Sales's total liability to you shall not exceed the total payments actually made by you to Wiederman & Potter Premium Practice Sales or $100, whichever is greater.

You agree to indemnify and hold Wiederman & Potter Premium Practice Sales and, where applicable, its parent, subsidiaries, officers, directors, agents and employees, as well as companies and/or individuals whose content/offers appear on this Web site, harmless from any claim or demand, including reasonable attorney's fees, made by any third party arising out of or related in any way to your access, inability to access or use of this Web site, or any breach by you of the Terms of Use.

Third Party Sites/eMail

As a convenience to you, Wiederman & Potter Premium Practice Sales may provide on this Web site one or more links to third party Web sites and/or provide email contacts respecting third parties. Wiederman & Potter Premium Practice Sales makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party Web sites, email correspondence with third parties, and business or other transactions with third parties found through this Web site. Please understand that such third parties are independent from and not controlled by Wiederman & Potter Premium Practice Sales, even if, for example, a Wiederman & Potter Premium Practice Sales link or logo appears on a Web site linked from this site. It is up to you to take whatever precautions are necessary in order to protect against viruses, worms, Trojan horses or other malicious code.

Intellectual Property

You acknowledge and understand that the method of operation of this Web site and/or the business method employed are the subject of one or more U.S. and International patent applications. Copying any aspect thereof may subject the copyist to injunctions, monetary damages and/or other legal ramifications upon patent issuance.

Wiederman & Potter Premium Practice Sales owns the following trademarks and service marks listed below. A mark designated with a registration symbol ® indicates that it is registered with the U.S. Patent and Trademark Office. Marks without the registration symbol are either under application for registration in the U.S. or are considered to be common law marks of Wiederman & Potter Premium Practice Sales. You agree not to use any meta tags or other hidden text utilizing Wiederman & Potter Premium Practice Sales's name or any of its trademarks or service marks without the express written consent of Wiederman & Potter Premium Practice Sales.

Wiederman & Potter Premium Practice Sales

Wiederman & Potter Premium Practice Sales ©2009 Wiederman & Potter Premium Practice Sales. All Rights Reserved Throughout the World. Wiederman & Potter Premium Practice Sales claims a copyright interest in each page of this Web site and the site as a whole, as well as in the individual content, including, without limitation, the catalog as a whole and all search forms, but excepting individual directory information in the form provided to Wiederman & Potter Premium Practice Sales, which is the property of the various manufacturers and distributors providing such information for this Web site, all of which is protected by United States and international copyright laws. No portion of this Web site or the Web site as a whole may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Wiederman & Potter Premium Practice Sales.

You acknowledge that the information Wiederman & Potter Premium Practice Sales has about its users, including, without limitation, names, email addresses, usernames, passwords, site usage history, etc., is governed by its Privacy Policy and may also be a trade secret. In addition, you acknowledge that any information Wiederman & Potter Premium Practice Sales has about the aggregate usage of this Web site and any agreements Wiederman & Potter Premium Practice Sales has with companies and individuals providing content for this site are also trade secrets.

International Users

This Web site is controlled, operated and administered by Wiederman & Potter Premium Practice Sales from within the United States. Wiederman & Potter Premium Practice Sales makes no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to the Terms of Use. Access to this Web site is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on this Web site in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing this Web site.

Choice of Law/Forum for Disputes

The validity, construction and performance of the Term of Use of this Web site and the legal relations between you and Wiederman & Potter Premium Practice Sales shall be governed by and construed in accordance with the laws of the State of California, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied. Any dispute between you and Wiederman & Potter Premium Practice Sales arising out of or relating in any way to your access or use of this Web site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party's written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties' mediation may be asked to serve as the arbitrator.

Any dispute between you and Wiederman & Potter Premium Practice Sales described in the previous paragraph shall be brought before an alternative dispute resolution body within 50 miles of Wiederman & Potter Premium Practice Sales' headquarters as of the date of the initiating party's written request for negotiation. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Further, any judgment on the award rendered by the arbitrator may be entered only in a court within 50 miles of Wiederman & Potter Premium Practice Sales' headquarters as of the date the award is rendered by the arbitrator. You agree that any such court shall have personal jurisdiction over you for purposes of any such judgment.

You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Wiederman & Potter Premium Practice Sales.

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