BY USING THIS APPLICATION, YOU ARE AGREEING TO ABIDE BY THE TERMS OF SERVICE BELOW. These rules and guidelines have been created to protect all users and ensure that the site works for all. If you encounter another member who fails to abide by these rules in any manner, including but not limited to, using improper, threatening, or harassing language and/or behavior, please contact us immediately. By agreeing to these terms, you are entrusted to abide by the provisions of these Terms of Service and take personal responsibility for your own actions.
1. Acknowledgment and Acceptance of Terms of Use
This application (“the application”) is provided free of charge to you by Clinical Tools Inc. (“CTI”) under these Terms of Service. BY USING THIS APPLICATION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of the application and all services provided in connection with the application. CTI shall not be liable to you for any breach of these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ENTER THE APPLICATION. The Terms of Service is available to refer to throughout any and all visits. Please refer to the terms of service if you have any questions before using the application to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please discontinue the use of this application. YOUR CONTINUED USE OF THE APPLICATION WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT AND ANY CHANGE IN THE TERMS AND CONDITIONS SET FORTH HEREIN.
From time to time CTI may supplement these Terms of Service with additional terms pertaining to specific content or events, (“Additional Terms”), which Additional Terms may be placed on the application to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
2. Termination
CTI reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your ability to access the application and/or any other service provided to you by CTI upon any breach by you of the Terms of Service.
3. Modifications of these Terms of Service
CTI MAY MODIFY THESE TERMS OF SERVICE AT ANYTIME AND AS OFTEN AS CTI DESIRES IN ITS SOLE DISCRETION. EACH TIME YOU USE THE APPLICATION, YOU WILL BE DEEMED TO HAVE ACCEPTED ANY SUCH CHANGES.
4. Modifications of CTI
At any time CTI may modify or discontinue the application with or without notice to you and without liability to you or any third party.
5. Third Party Services
You may order services or merchandise through the application from other persons not affiliated with CTI (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. CTI makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider CTI, nor will CTI be construed as a party to such transactions, whether or not CTI may have received revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, to you or any other person involved or related to the transaction.
CTI may include special routing icons which may be located within the application, the activation of which will allow you to access and learn more about CTI and other services provided by CTI or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY CTI AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
CTI MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CTI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION. CTI WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE APPLICATION.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR DATA LOSS THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT CTI DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE APPLICATION. CTI IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CTI NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE APPLICATION, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. CTI ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
CTI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN THE APPLICATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CTI OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CTI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.
CTI IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE CTI’s APPLICATION. As a convenience to our members, we may provide links to resources that are beyond our control. We make no representations as to the reliability, validity, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against CTI with respect to such sites.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, CTI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. CTI specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on the application, you are promising that the content of your advertisement is true and that you will indemnify CTI against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on the application, you waive any claims against CTI for damages arising from such advertisement or your reliance upon statements in such advertisement.
7. Limitation of Liability
CTI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE APPLICATION OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Promotional Messages
CTI and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. CTI makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither CTI nor such third party shall have any liability with respect thereto.
9. Indemnification
You agree to indemnify and hold each of CTI, their parents, subsidiaries, affiliates, officers, consultants and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the application, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
10. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions.
11. Remedies for Breach of these Terms by You
In the event that CTI determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the application, CTI reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to the application, (iii) delete all content provided by you to the application, (iv) discontinue your use of the application and/or any other CTI community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which CTI deems to be appropriate.
12. Severability
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
13. Miscellaneous
CTI reserves the right to analyze survey, form, and quiz responses in aggregate and individually in order to improve and/or change our products. We reserve the right to analyze usage patterns, including metrics such as time on site, device type, and other technology-focused data. CTI also reserves the right to publish the results of such analysis, in both trade and academic settings, in aggregate and/or anonymous fashion. No individual user will ever be identifiable.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
CTI may assign its rights and obligations under these Terms of Service and upon such assignment CTI may be relieved of any further obligation hereunder.
You represent to CTI that you have the authority to use the application according to these Terms of Service.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the application by CTI) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of CTI, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
CTI reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty days prior written notice to you.