This Agreement sets out the legally binding terms of your use of this Service and may be modified by ClinicaHealth at any time and without prior notice, such modifications to be effective upon posting by ClinicaHealth on this Website. Your continued use of this Service after any modifications are posted constitutes your consent to such modifications. This Agreement includes our acceptable use policy for content posted on the Service and notices regarding the Website.
ClinicaHealth provides this Service to promote a community to connect medical patients, caregivers, and professionals. This Service does not provide medical advice and ClinicaHealth is not licensed to provide medical diagnoses, treatments, or other medical services that are provided by doctors, pharmacists, nurses, or other medical professionals. Content appearing on this Service does not constitute medical advice and is not the practice of medicine.
YOU MAY NOT USE THIS CLINICAHEALTH SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CLINICAHEALTH SERVICE MAY BE TERMINATED IMMEDIATELY IN CLINICAHEALTH'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON.
Eligibility. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.
Term. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may deactivate your membership at any time by notifying email@example.com and including "DEACTIVATE" in the subject line. ClinicaHealth may terminate your membership at any time for any reason. In the event of deactivation or termination, other terms of this Agreement will remain in effect.
Noncommercial Use by Members. The Service is for the personal use and enjoyment of individual Members only and may not be used in connection with any commercial endeavors. You may not use or copy content from this Service for use with any other product or service, and illegal or unauthorized uses of this Service are prohibited.
ClinicaHealth's Property. ClinicaHealth either owns or is licensed to use all proprietary rights in this Service, including all copyrights, trademarks, and patent rights associated with this Service. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Registration. While you can view some features of this Service without registering, you must register to use all of the features of the Service, including to post a profile, to post other content, or to communicate with other Members. When you register for this Service you are required to provide certain information and are provided an opportunity to create a profile containing additional, optional information. We will send you an e-mail at the address you provide to confirm your Membership, after which your Membership will be activated. You will be asked to select a user screen name and password.
You must provide us with current, complete, and accurate information as requested by the registration form. Updating this information is your responsibility.
After you have completed the registration form, you may be asked to choose a user identification (screen name) and password. Screen names are subject to ClinicaHealth's approval and may not contain misleading or objectionable material. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are responsible for any and all activities that occur under your account. You agree to notify ClinicaHealth immediately of any unauthorized use of your account. ClinicaHealth is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
If this Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration.
Policy Regarding Postings. After you have registered and your Membership is confirmed, you will be able to post content on the Service and communicate with other Members. You are solely responsible for the Content that you publish or display (hereinafter, "post") or transmit to other Members via the Service. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ClinicaHealth an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
ClinicaHealth does not control and is not responsible for any notes, messages, billboard postings, photographs, profiles or other materials posted or delivered to the Service by you or other Members. ClinicaHealth is not obligated to and does not regularly review, monitor, delete, or edit postings. However, ClinicaHealth reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of this Agreement with or without notice. You agree that you have no recourse against ClinicaHealth if we refuse to post, or if we delete or refuse to delete, any post by you or other members.
You agree that you will not:
You are solely responsible and liable for postings delivered to the Service using your account. Any violation of these provisions can subject your ClinicaHealth membership to immediate termination and, possibly, further legal action.
We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
Fees. Access to and use of this Service are currently available without charge. We reserve the right to charge a fee for access to or use of this Service in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of this Service.
Disclaimer of Warranties. The information and opinions expressed in postings on this Service are not necessarily those of ClinicaHealth or its content providers, advertisers, business partners, or related entities, or of any health association to which this Service is linked, and ClinicaHealth is not responsible for any incorrect or inaccurate Content posted on the Service, whether by ClinicaHealth, its business partners, Members, or due to equipment or computer programming associated with this Service. Under no circumstances will ClinicaHealth be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of this Service, any Content posted on this Service or transmitted to Members, or any interactions between users of the Service, whether online or offline.
ClinicaHealth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. ClinicaHealth is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CLINICAHEALTH SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SERVICE, WHETHER PROVIDED BY CLINICAHEALTH, THIRD PARTIES, OR OTHER MEMBERS, ARE PROVIDED ON AN "AS IS" BASIS. CLINICAHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLINICAHEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CLINICAHEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS CLINICAHEALTH SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CLINICAHEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS CLINICAHEALTH WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
Links. Our Service may contain links to websites or advertising content operated or provided by third parties. We provide these for your convenience. We do not monitor or control the linked sites and ClinicaHealth is not liable or responsible for any of the content or services available at these sites.
Member Disputes. You are solely responsible for your interactions with other ClinicaHealth Members. ClinicaHealth, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
Limitations on Liability. In no event shall any organization for whom ClinicaHealth created a group within the Service, ClinicaHealth, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in making available the Service and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Service or any information, software, products, services, and related graphics obtained through the Service; (vi) any transactions entered into through this Service; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Service. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if ClinicaHealth has been advised of the possibility of damages.
Indemnification. You agree to indemnify and hold harmless ClinicaHealth and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ClinicaHealth and any User of the Service.
General Information. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Virginia, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
Mediation/Arbitration. Any dispute arising under this Agreement shall be decided by mediation or binding arbitration. Such mediation or arbitration shall be conducted in accordance with the Commercial Mediation or Arbitration Rules of the American Arbitration Association in effect at the time of this Agreement, with Arlington, Virginia, as the designated locale. A demand for mediation shall be filed in writing with the other party and with the American Arbitration Association, and shall be made within a reasonable time after the dispute first arises, and in no event after the date when the institution of legal or equitable proceedings based on such Disputes would be barred by the applicable statute of repose or limitations. If a dispute is not resolved through mediation, then a dispute shall be resolved through arbitration. The decision of the arbitrator shall be final and binding. This agreement to arbitrate shall be specifically enforceable in accordance with the laws of the Commonwealth of Virginia.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Assignment. This Agreement may be assigned by ClinicaHealth in the event of a transfer of control of ClinicaHealth, Inc., without the consent of the Member.
Contact. If you have any questions concerning this Agreement, you may send them by e-mail to firstname.lastname@example.org or via postal mail to:
66 Witherspoon Street
Princeton, NJ 08540
European Union and Other Foreign Nations. This ClinicaHealth website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. ClinicaHealth makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.