THIS LICENSE AGREEMENT ("AGREEMENT") CONTAINS THE TERMS AND CONDITIONS UPON WHICH YOU MAY ACCESS AND USE THE VALUABLE INFORMATION AND SERVICES AVAILABLE THROUGH THE WEB SITE www.clinicpass.net (THE "WEB SITE") OF Clinicpass. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE: I AGREE TO TERMS OF USE BUTTON AT THE BOTTOM OF THIS PAGE OF THE WEB SITE, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT .
Unless otherwise noted, all materials and information, including, without limitation, all text, data, graphics, images, illustrations, designs, icons, photographs, audio and video, that are part of the web site (collectively, the "Content") are protected by copyright and trademark, the rights to which are enjoyed by Clinicpass. You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the web site.
No Content from the web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way without the prior written consent of Clinicpass. If you wish to build a hyperlink to the web site, you may do so provided you agree to cease such link upon request from Clinicpass. No other use is permitted without the prior written consent of Clinicpass. Use of any robot, spider, other automatic device, or manual process to monitor or copy the pages on the web site or the Content is strictly prohibited. Unauthorized modification of the Content or use of the Content for any purpose is a violation of Clinicpass copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited.
This section titled "Restrictions on Use of Materials" is not intended to restrict or limit an individual's right or ability to use his or her own personal information. Such material is intended for the better use of Clincpass' website services.
You agree to allow Clinicpass to take reasonable measures as necessary to verify the accuracy and completeness of any information that you submit if you register as a member of the web site. You agree not to provide incomplete, false, or misleading information as part of your registration or other information provided to Clinicpass or to others in connection with your participation in the web site's Interactive Areas.
If you register as a user of the web site, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password and for all activities that occur under your username and password. You agree to notify Clinicpass of any unauthorized use of your username and password or any other breach of security at www.clinicpass.net
Clinicpass may provide areas on the web site to which you or others can post messages or transmit communications ("Interactive Areas"). As a condition of your use of this service, you warrant to Clinicpass that you will not use the Interactive Areas for any purpose that is unlawful or prohibited by this Agreement. Specifically, you agree not to upload to, distribute through or otherwise publish through an Interactive Area any content which is libelous, defamatory, obscene, pornographic, threatening, harassing, invasive of privacy or publicity rights, abusive, illegal, false, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Clinicpass reserves the right to deny you access to any part of this service in its sole discretion. You are responsible for material that you send to any Interactive Area. Clinicpass makes no endorsement, representation or warranty with respect to statements made by any user in the web site's Interactive Areas.
In general, subject to the terms of the Clinicpass privacy policy, Clinicpass will not monitor or edit the contents of any Interactive Area unless required in the course of normal maintenance of the web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on www.clinicpass.net; (2) protect and defend the legitimate business interests, rights or property of Clinicpass, its members, users, advertisers, sponsors or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Members and other users will remain solely responsible for the content of their communications. Clinicpass has the right, but not the obligation, to monitor and edit or remove any content, messages or other communications that are posted in an Interactive Area.
By uploading materials to any Interactive Area or submitting any materials to www.clinicpass.net, you automatically grant (or warrant that the owner of such rights has expressly granted) Clinicpass, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed by any means.
Registration data and certain other demographic information about you are subject to Clinicpass' privacy policy. For more information, see our privacy policy at www.clinicpass.net, which privacy policy is incorporated in full herein by reference.
Clinicpass has the right to terminate your ability to use or access the web site at any time without notice to you. You may terminate these terms at any time by destroying all content obtained from the web site, including, without limitation, all copies and installations thereof, whether made under these terms or otherwise and by not accessing, or uploading to, the web site again. Upon termination, you must destroy all Content obtained from the web site and all copies thereof, whether made under these terms or otherwise. Clinicpass will not be liable for any damages of any nature suffered by any member, user or any third party resulting in whole or in part from Clinicpass' exercise of its rights under these terms and conditions.
INFORMATION ON THIS WEB SITE HAS BEEN PROVIDED BY THIRD PARTIES AND HAS NOT BEEN VERIFIED OR CONFIRMED BY CLINICPASS. CLINICPASS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OF ANY INFORMATION ON THIS WEB SITE. CLINICPASS DOES NOT PERFORM PRIMARY SOURCE VERIFICATION AND HAS NOT UNDERTAKEN ANY RESPONSIBILITY OR OBLIGATION WITH RESPECT TO PRIMARY SOURCE VERIFICATION OF THE INFORMATION PROVIDED BY THIRD PARTIES. THE CONTENT CONTAINED ON THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, CLINICPASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLINICPASS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLINICPASS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CLINICPASS) ASSUME THE ENTIRE COST OF ACQUIRING AND/OR POSTING ANY INFORMATION YOU PROVIDE TO CLINICPASS.
UNDER NO CIRCUMSTANCES WILL CLINICPASS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE WEB SITE, YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. IN NO EVENT WILL CLINICPASS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO CLINICPASS FOR ACCESSING THE WEB SITE
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CLINICPASS HARMLESS FROM ANY AND ALL LIABILITIES, LOSSES, CLAIMS, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT.
The Content contained on the web site has been prepared by Clinicpass as a service to its members and the other users of the web site. Clinicpass does not warrant or guarantee the accuracy, reliability, completeness or adequacy of the content or the content of any other site(s) to which the web site may link. Users of content from the web site or the content of any other site(s) to which the web site may link do so at their own risk. Any unauthorized downloading and distribution of any copyrighted material from this web site or any other site(s) to which the web site may link, without the copyright owner's permission, is strictly prohibited.
Your right to use the web site is not transferable. Any password or right given to you to obtain information is not transferable.
The web site is controlled and operated by Think, Inc from its offices in the State of Arkansas. Think, Inc makes no representation that Content on the web site is appropriate or available for use in other locations. Those who choose to access the web site from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable. All users, including, without limitation, those users who access the web site from a country other than the United States, agree that the laws of the State of Arkansas will govern any dispute arising out of or resulting from Think, Inc's control and operation of the web site and your accessing and use of the web site, including, without limitation, those arising out of or resulting from Think, Inc's use of personal information or otherwise relating to privacy, as specified in Think, Inc's privacy policy.
Any reference made by the web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Clinicpass. Content on the web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, reviewers, members, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Clinicpass
To the extent that the web site contains links to outside services and resources, Clinipcass & Think, Inc do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
Clinicpass reserves the right, in its discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued accessing or use of the web site following the posting of changes to this Agreement will be deemed to be your conclusive acceptance of those changes and the modified Agreement.
These terms are governed by and must be construed in accordance with the laws of the State of Arkansas, without regard to conflicts of law doctrines except to the extent that certain matters may be preempted by federal law. You agree that no joint venture, partnership, employment, or agency relationship exists between Clinicpass and you as a result of this Agreement or your use of the web site. You also agree that any action at law or in equity arising out of or relating to these terms will be filed only in the state or federal courts in the jurisdiction serving Searcy, AR; and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severable from these terms and will not affect the validity and enforceability of any remaining provisions. You agree that, regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the web site and these terms must be filed within one (1) year after the date the cause of action arose, or be barred as untimely. This is the entire agreement between Clinicpass and you relating to the subject matter herein; and it will not be modified except as provided herein or in writing, signed by Clinicpass. To the extent that anything in or associated with the web site is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Clinicpass' failure to enforce any provision of this Agreement will not be deemed to be a waiver of such provision or of the right to enforce such provision.
Please email any support request to support@clinicpass.net and we will respond to your email as soon as posslible. Thanks, Clinicpass.net Administration