Please read this User Agreement before using this Service.
Please carefully review these Terms and Conditions of Use and any policies referenced in it, all of which are part of this ClinicalSolutions.io User Agreement ("User Agreement"). By using ClinicalSolutions.io, you agree to be bound by this User Agreement. ClinicalSolutions.io is an automatous and independent division of IRP Investment Corporation, INC.
If you do not agree to abide by all of the provisions contained in this User Agreement, you must not use or access ClinicalSolutions.io
ClinicalSolutions.io is an information service provided without cost to users “volunteers” to assist potential volunteers for clinical trials to learn whether they might be eligible to participate in clinical trials and clinical trial administrators “researchers” and similar personnel to learn about potentially eligible patients and control volunteers who might be interested in participating in their clinical trials (the "Service").
Nothing in ClinicalSolutions.io should be used to suggest a course of treatment for any patient or that participation in a particular clinical trial will be beneficial to a particular patient. ClinicalSolutions.io is not a health care provider and is no substitute for treatment by a physician or other health care provider.
ClinicalSolutions.io depends on its users to input accurate and truthful information and does not independently verify the accuracy or truth of such information. You will input accurate and truthful information when you use this Service.
You may not use any device, software or routine to interfere with the proper working of this website. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of this website.
Any individual who uses ClinicalSolutions.io in any way contrary to these Terms and Conditions of Use or who obtains access to it without meeting the membership requirements will have his or her membership immediately canceled. If you become aware of any such violation, please contact the ClinicalSolutions.io site administrator at: email@example.com. Use of ClinicalSolutions.io is at the discretion to reserve the right to discontinue ClinicalSolutions.io services at any time, limit its use, or prohibit certain individuals or institutions from using it, and ClinicalSolutions.io shall not be liable to anyone for any claim of loss or damage related to such decisions.
Visitors to ClinicalSolutions.io may use the site for purposes of finding clinical trials for which they are potentially eligible. ClinicalSolutions.io tracks information about how visitors use the Service and does retain individually identifiable information about visitors. ClinicalSolutions.io will transmit to clinical trial administrators and similar personnel information about visitors. However, researchers and volunteers are responsible for contacting each other to learn more about the clinical trials identified by ClinicalSolutions.io. All visitors are subject to these Terms and Conditions of Use.
Registered Membership is open to persons (“users, visitors, researchers, clients, and volunteers”), persons authorized by patients to utilize ClinicalSolutions.io on their behalf, persons wishing to assist in research by participating in clinical trials, clinical trials administrators and personnel involved in patient recruitment ("Registered Members"). If you do not qualify as a Registered Member, please do not attempt to register.
Registered Membership is awarded solely at the discretion of ClinicalSolutions.io reserves the right to decline registered membership status to any Registered Member or to deny all or part of its service to any Registered Member. You agree that if you register with ClinicalSolutions.io, you will provide accurate, current and complete information about yourself and will maintain and update such information promptly if any of it changes. You agree that if any information you provide is inaccurate, not current or incomplete, ClinicalSolutions.io may prohibit your access to any or all sections of this website.
Except for your personal information, ClinicalSolutions.io owns all information appearing on this website. ClinicalSolutions.io hereby provides you with permission to use such information for the purpose of matching potential clinical trial volunteers with clinical trials. Any other use of the information found on this website must be separately agreed to by ClinicalSolutions.io directly. To obtain permission to use any ClinicalSolutions.io information on this website for any purpose other than matching potential volunteers with clinical trials, please contact: firstname.lastname@example.org. Except for the purpose of recruiting a person for clinical trials, you agree that you will not use or obtain any information about any user of this web site for any commercial purpose, including, but not limited to, soliciting, offering to sell or selling any product or service to any user of this website.
Through this website or through emails to Registered Members, ClinicalSolutions.io may refer you to other web sites. ClinicalSolutions.io have no control over the information posted on those web sites and do not assume any responsibility for them. You agree that you will not seek to hold ClinicalSolutions.io responsible for any material related to those web sites.
You shall indemnify, defend and hold harmless ClinicalSolutions.io, their affiliates, and their respective members, directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of ClinicalSolutions.io. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
ClinicalSolutions.io, their affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for any damages in any way related to use of ClinicalSolutions.io, including incidental, direct, indirect, consequential, special, punitive, or exemplary damages of any kind, lost revenues or profits, loss of business or loss of data, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies, including, without limitation, as a result of breach of any warranty or other term of this User Agreement.
ClinicalSolutions.io does not conduct clinical research. The posting and matching of clinical trials information on behalf of sponsor companies, contract research organizations, clinical research sites and other interested parties. This information is designed to help patients find clinical trials of interest and contact the research centers conducting the trials.
Any and all information provided through ClinicalSolutions.io is "as is," and ClinicalSolutions.io do not warrant or represent that any information provided by any third party through ClinicalSolutions.io is accurate or truthful. Although we will make a good faith effort to correct any errors of which we become aware, we do not make any warranties, express or implied, with respect to this Service or any information offered through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any material or data displayed, uploaded or distributed through this Service or available through links in this Service. Each user must independently verify the accuracy and truthfulness of the information received through ClinicalSolutions.io
ClinicalSolutions.io do not warrant that ClinicalSolutions.io will be uninterrupted or error-free. We reserve the right to correct any errors or omissions in this Service.
Although we intend to and will take all reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. Your use of this Service and/or download of information from it is at your own risk.
You are responsible for complying with any applicable regulations that may apply to you in using this Service.
Investigators are encouraged to include a link to their trial on ClinicalSolutions.io in materials related to the trial, including on the study Web site or their institution's Web site, in a manner that provides a Web link to the listing but does not imply endorsement by ClinicalSolutions.io. The appearance, position and other aspects of the link, URL, host Web site, or other item in which the link or URL is included may not be such as to damage or dilute the goodwill associated with ClinicalSolutions.io name and trademarks. The appearance, position and other aspects of the link, URL, host Web site, or other item in which the link or URL is included may not create the false appearance that any other entity is associated with or sponsored by ClinicalSolutions.io. If the Web link is listed on a Web site, the link, when activated by a user, must display this Web site full-screen and not with a "frame" on the linked Web site. Any statement or materials that use the ClinicalSolutions.io name, brand or trademark in any manner other than providing a Web link require approval by ClinicalSolutions.io before being made publicly available.
The owner of any Web site or materials with a hyperlink or URL to ClinicalSolutions.io agrees to the foregoing terms and agrees to delete any such link upon notice from ClinicalSolutions.io that such permission has been revoked, which notice may be given at any time and for any reason. ClinicalSolutions.io reserves the right to suggest altered text or positioning and to deny requests for use of name, brand or trademark. Use of ClinicalSolutions.io name, brand or trademark by investigators whose trials are posted to ClinicalSolutions.io is not permitted unless special permission has been granted by ClinicalSolutions.io. Individuals seeking approval of use of the ClinicalSolutions.io name can email the item using name, brand or trademark to email@example.com.
(a) Measurement/Payment Obligation. (i) Unless otherwise specified on the Order, reports made available by ClinicalSolutions.io, as applicable, will determine the number of Chargeable Actions “Referral fees (Commissions) due to positive application matching”. Clients acknowledges and agrees that such reports and the counts contained therein shall be the only and definitive measure of the number of Chargeable Actions and shall determine clients’s related obligations for all purposes of this Agreement. Except as otherwise specified, no other measurements or usage statistics from any source whatsoever shall be accepted by us or have any applicability to ClinicalSolutions.io’s obligations or Client’s rights under this Agreement. (ii) ClinicalSolutions.io’s payment obligation hereunder is based solely on the number of Chargeable Actions, as reported and not on any ability by client to convert Chargeable Actions to sales, or other business relationships. Clients agrees that ClinicalSolutions.io shall have no liability for ClinicalSolutions.io’s ability or inability to convert Chargeable Actions to sales “volunteers recruitment”or other business relationships. (iii) ClinicalSolutions.io does not and cannot predict the quantity of Chargeable Actions generated by the Performance Related. There is no cap or limit on the number of Chargeable Actions, unless otherwise specified on the Order.
(b) Invoice. ClinicalSolutions.io shall invoice Clinets monthly Chargeable Actions provided to Client. Payment for Chargeable Actions is due by the due date stated on the invoice.
(c) Taxes. Clients shall pay any taxes, including sales and use tax, which may be imposed as a result of the services rendered.
(d) Failure to Pay. Clients agrees that if Client fails to make payment by the due date shown on the applicable invoice, a late charge will be calculated and assessed on the outstanding balance at the highest lawful rate per day until paid. In addition, if ClinicalSolutions.io does not receive timely payment, ClinicalSolutions.io may at its sole and absolute discretion temporarily or permanently disconnect and/or redirect some or all of the associated Tracking Mechanisms.
CLINICALSOLUTIONS.IO RESERVES THE RIGHT TO RE-DIRECT TRACKING MECHANISMS AS IT DETERMINES, IN ITS SOLE DISCRETION, INCLUDING POTENTIAL OR EVEN DIRECT COMPETITORS OF CLIENT.
ClinicalSolutions.io may terminate this Agreement or any Order, in whole or in part, at any time upon written notice, including via email, to Client. If ClinicalSolutions.io intends to cease the provision of a particular Service, ClinicalSolutions.io may, at its discretion, substitute the performance of substantially similar Services on the terms and conditions then applicable to such Service. If ClinicalSolutions.io ceases to provide a Service and does not substitute a substantially similar Service, then the portions of each Order for the performance of such Service will terminate automatically. In addition, ClinicalSolutions.io may terminate, remove, and/or suspend any or all Services upon Client’s failure to pay any amount when due as set forth herein. ClinicalSolutions.io, in its sole discretion, may repurpose and/or reallocate any resources, including advertising and/or media inventory, which may have been allocated toward the use or support of the Services, and Client shall have no rights with respect to any such resources and/or Services.
Client may cancel this Agreement only by written notice within ten days of execution or authorization of this Agreement (the “Cancellation Period”), with such notice signed by an authorized representative of Client, sent during the Cancellation Period by U.S. Certified Mail, return receipt requested, to “ClinicalSolutions.io, ATTN: Cancellation Manager,” at ClinicalSolutions.io’s address on the applicable Order. After the Cancellation Period, if Client requests cancellation and such cancellation is reasonably practicable to ClinicalSolutions.io, then the unpaid balance for the remainder of the term for the applicable Advertising and/or Services shall become immediately due and payable and any and all priority regarding the placement or positioning of Advertising and/or performance of Services under this Agreement will be extinguished.
(a) All charges for Services will be due and payable upon commencement of ClinicalSolutions.io’s delivery of performance of the Services. If ClinicalSolutions.io issues an invoice to Client, the invoiced amount will be due in full and without setoff on or before the due date set forth in such invoice (or, if no due date is set forth in the invoice, within 30 days after the date of the invoice). All payments are non-refundable. ClinicalSolutions.io reserves the right to require partial or full payment in advance or to charge Client a reasonable fee beyond anything specified on the applicable Order for requests that exceed ClinicalSolutions.io’s customary services. ClinicalSolutions.io has the right to allocate and apply periodic payments received from client to and among charges owed by Client as it sees fit, including those that are separately billed. Client will pay all sales, use, or other local, state, federal, foreign, or other taxes or governmental fees arising out of or in connection with this Agreement, other than taxes based on ClinicalSolutions.io’s net income. If more than one person/entity requests services under this Agreement or any Order, all such persons/entities will be jointly and severally liable for all charges due and payable under this Agreement.
(b) Late payments will accrue interest at a rate of 1.5% per month (or the highest lawful rate, if less). Client will pay attorneys’ fees and internal and external costs that ClinicalSolutions.io and/or its agents incur in collecting any unpaid amounts in addition to a collection activity fee of $25 for each month that client does not pay ClinicalSolutions.io the full amount of charges due by the invoice due date. Client agrees that the collection activity fee is not an interest charge for the time value of unpaid money and recovers costs that are different from the costs recovered by the late payment interest charge described in this Section.
(c) Client may agree, in writing or by electronic authorization, to make single or recurring payments electronically via credit card or by automatic debits to Client’s bank account via automated clearinghouse (ACH). ClinicalSolutions.io may condition its acceptance of electronic payments upon Client’s completion of a separate authorization form to include but not limited to the Stripe Services. Unless otherwise specified at the time Client agrees to recurring electronic payments, the applicable automatic payment will be deducted on the due date of each invoice. Authorization for recurring electronic payments will remain in full force and effect until ClinicalSolutions.io has received express written notification of Client’s intention to cancel such authorization, and automatic deductions that were submitted for processing prior to ClinicalSolutions.io’s receipt of the notice of cancellation may still be processed. Client hereby releases ClinicalSolutions.io and its Suppliers, including any payment processors, from any and all claims arising from the use of any means of electronic and/or automatic payment method, including any fees associated therewith.
(d) ClinicalSolutions.io may disclose any or all information it has concerning Client to any ClinicalSolutions.io Party (as defined below) and/or any third parties, including credit-reporting agencies. If Client applies for business credit and is denied, Client has the right to a written statement of the specific reasons for the denial, which Client may obtain by contacting ClinicalSolutions.io within 60 days after Client is notified of the decision at ClinicalSolutions.io, HC 04 Box 12543, San German, PR 00683, Attention: Credit Manager. ClinicalSolutions.io will send Client a written statement of reasons for the denial within 30 days of receiving Cleint’s request. The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
If the Client fails to claim funds remaining on account with ClinicalSolutions.io within 180 days of the last date upon which ClinicalSolutions.io performed Services under the applicable Order, Client will pay ClinicalSolutions.io a reasonable fee for the maintenance and administration of those funds equal to $25 per month. ClinicalSolutions.io may deduct this fee from Client’s funds on account until the funds are transferred to Client or exhausted. If Client fails to claim any non-cash credit issued by ClinicalSolutions.io within 180 days, Client will be deemed to have waived such credit and will have no claim to the credited amounts.
This User Agreement may be terminated by either party for any reason at any time. The terms and conditions of this Agreement shall survive such termination for any disputes relating to it. Any portion of this Agreement or published policy found by a court of competent jurisdiction to be unenforceable shall be severable and all other portions of this Agreement and published policies shall remain in effect.
This User Agreement shall be governed by the laws of the Puerto Rico and the City of Mayaguez, applicable to agreements made and to be performed therein without regard to conflict of laws principles, and you agree that the federal or state courts in Mayaguez, Puerto Rico shall have exclusive jurisdiction over any dispute relating to this Agreement.
BY CONTINUING TO USE THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS USER AGREEMENT.
The using and/or visiting our services constitute a binding legal business association agreement with us ClinicalSolutions.io making you the persons subject to the governing regulations and the term of service of this website.
This User Agreement including policies were last updated January 1, 2015.
TERMS AND CONDITIONS OF USE REAFFIRMATION FOR CLINICALSOLUTIONS.IO
This document is legally binding, so you should read it in its entirety. Essentially, by using this web app “our services” you agree to the following:
ClinicalSolutions.io can collect data from you. This includes answers to health related questions and summarized information that your phone provides, like number of calls and texts.
The data we collect from you, it to build a better and more helpful product. You own your identifiable personal data, but we own the anonymized or de-identified version of it.
We can share the information we get from you with your healthcare provider (if you’ve specified one) or anyone else you’ve chosen to receive this information.
You understand and confirm that ClinicalSolutions.io is not a licensed medical provider and does not provide medical care or emergency services.
YOU AGREE THAT THE SOFTWARE IS NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES, SELF-DIAGNOSIS OR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION OR TREATMENT.
Subject to the terms and conditions of this Agreement, ClinicalSolutions.io hereby grants to you a personal, non-transferable, non-exclusive, revocable, limited license to install and use the Software for the purposes of inputting responses to surveys and/or participating in a study/ clinical trials or program from a designated third-party (the “Institutional Client”) and/or tracking and analyzing.
ClinicalSolutions.io may change or discontinue, temporarily or permanently, any feature or component of the Software at any time without notice.
You may copy the Software onto your device, and you may make one (1) copy of the Software for backup or archival purposes. You agree that (i) your use and possession of such copies shall be solely under the terms and conditions of this Agreement, and (ii) you shall place the same proprietary and copyright notices and legends on all such copies as included by ClinicalSolutions.io on any media embodying an authorized copy of the Software originally provided by ClinicalSolutions.io. Except as expressly described in this paragraph, you are not permitted to copy the Software.
You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and Internet access service) necessary to access the Service.
You acknowledge that the Software, including the source code for the Software and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of, ClinicalSolutions.io. If you should gain access to such materials, you shall not disclose them to anyone.
There may be additional eligibility requirements and other associated risks with clinical trial participation that have not been included with some of the clinical trials listed on the ClinicalSolutions.io web site. Please contact the research center listed below each clinical trial listing to discuss the complete eligibility requirements and participation risks.
How We Will Use and Disclose Health Information about You
We will use your health information to determine eligibility for clinical trials.
We will use your health information to find clinical trials that you may be eligible for.
We will use your health information with Business Associates “researchers” to communicate eligibility for clinical trials.
We will use your health information to make necessary notifications.
We may use your health information with Business Associates under other certain circumstances.
We may use your health information for treatment purposes.
We may use your health information to recommend treatment alternatives.
We may use your health information research under certain circumstances.
We may use your health information in marketing functions under certain circumstances.
We may use your health information with the Food and Drug Administration (FDA) under certain circumstances.
We may use your health information in working with certain public health agencies under certain circumstances.
We may use your health information in working with law enforcement agencies under certain circumstances.
We may use your health information in working with military and veterans agencies under certain circumstances.
We may use your health information in connection with lawsuits and disputes under certain circumstances.
We may use your health information in relation to certain national security and intelligence activities under certain circumstances.
ClinicalSolutions.io may issue to you, or prompt you to provide, a username/password for login to download, access and use the Software. ClinicalSolutions.io will protect as confidential any personally identifying information that you may provide to complete the applicable online forms to establish your username/password or account with ClinicalSolutions.io (“Account Data”), which Account Data shall continue to be owned by you. You agree to provide, maintain and update true, accurate, current and complete Account Data, and represent that you will not misrepresent your identity or your affiliation with any person or entity. ClinicalSolutions.io reserves the right to authenticate any information you provide. You shall be responsible for all use and access of the Software by means of usernames/passwords issued to you. You will notify ClinicalSolutions.io promptly of any unauthorized use of your username/password or account or any other known or suspected breach of security, or other occurrence requiring username/password or account cancellations or changes. ClinicalSolutions.io cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your account or for any third party's fraudulent use or misuse of information submitted by you.
ClinicalSolutions.io may ask for your feedback regarding your use and evaluation of the Software, including, without limitation, any problems encountered in the Software (the “Evaluation Data”). If such Evaluation Data is provided to ClinicalSolutions.io, it will be deemed and remain the sole property of ClinicalSolutions.io, and will not be subject to any obligation of confidence on the part of ClinicalSolutions.io. Additionally, ClinicalSolutions.io shall have all ownership, right, title and interest in and to the Evaluation Data and any and all intellectual property and proprietary rights thereto and therein. You hereby transfer and assign to ClinicalSolutions.io any and all intellectual property rights you may have in and to the Evaluation Data and agree to cooperate with ClinicalSolutions.io to perfect ClinicalSolutions.io’s sole and exclusive ownership in and title to the Evaluation Data.
You may not sublicense, delegate, assign or otherwise transfer this Agreement, the license granted herein, or any other of your rights or obligations under this Agreement, in whole or in part.
You may not export or re-export any Software except in full compliance with all United States laws and regulations, executive orders and the like, including in particular the Export Administration Regulations of the U.S. Department of Commerce.
If you fail to fulfill any of your obligations under this Agreement, ClinicalSolutions.io and/or its licensors may pursue all available legal remedies available to them. You agree that ClinicalSolutions.io’s licensors are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. Sections 2-5, 6(b) through 6(e), 7(b), 7(c), 9, 10, 11,13, 15 through 25 shall survive any termination or expiration of this Agreement. Upon any termination of this Agreement, your license to use the Software shall terminate and you shall promptly uninstall and remove the Software from the mobile device on which it was installed (and promptly uninstall, delete or destroy your authorized backup or archival copy).
(a) If the Software is acquired by or on behalf of civilian agencies of the U.S Government, then, pursuant to FAR Section 12.212 and its successors (48 C.F.R. 12.212), the Government’s right to use, reproduce or disclose the Software acquired under this Agreement is subject to the restrictions of this Agreement. If the Software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government’s right to use, reproduce or disclose the Software acquired under this Agreement is subject to the restrictions of this Agreement. (b) Pursuant to the foregoing, U.S. Government users acknowledge that (i) the Software is commercial computer software, (ii) this Agreement embodies the licenses customarily used by ClinicalSolutions.io for end user licenses in Software granted to the public, and (iii) the licenses set forth herein shall apply to all possession, use and duplication of the Software by the Government as permitted by applicable law. The contractor/manufacturer is ClinicalSolutions.io
The Software is designed to provide a designated third-party with health-related information based on your inputs to surveys and interactions, as such interactions are catalogued via your device. The Software and any related data supplied to you by ClinicalSolutions.io is not a source of information, and does not provide medical advice. By granting you the right to use the Software, ClinicalSolutions.io does not assume any obligation or liability with respect to your health or your physical activity or condition. In no event shall ClinicalSolutions.io be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Software or any activity you undertake in connection with your use of the Software. As between you and ClinicalSolutions.io, you are solely responsible for your use of the Software and your health and medical condition and treatment related thereto. ClinicalSolutions.io shall have no liability for any unauthorized disclosure of your personally identifiable information due to your actions or omissions or that of your healthcare provider.
YOU AGREE THAT: (I) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL 911 IMMEDIATELY; (II) CLINICALSOLUTIONS.IO DOES NOT PROVIDE MEDICAL TREATMENT OR ADVICE AND IS NOT A HEALTHCARE PROVIDER OR A REFERRAL TO HEALTHCARE PROVIDERS; (III) YOU WILL CLINICALSOLUTIONS.IO WITH RESPECT TO YOUR MEDICAL CONDITION, AS CLINICALSOLUTIONS.IO IS NOT YOUR HEALTHCARE PROVIDER, IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES, AND CANNOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (IV) DATA PROVIDED BY CLINICALSOLUTIONS.IO THROUGH THE SOFTWARE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (V) CLINICALSOLUTIONS.IO IS NOT A LICENSED MEDICAL CARE PROVIDER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; (VI) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (VII) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE SOFTWARE; (VIII) CLINICALSOLUTIONS.IO HAS NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE SOFTWARE; AND, (IX) CLINICALSOLUTIONS.IO IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE SOFTWARE.
You agree that ClinicalSolutions.io shall not be liable to you or to any third party for any unavailability, modification, suspension or discontinuance of any feature or component of the Software.
To the extent ClinicalSolutions.io provides links or references to websites operated by third parties, ClinicalSolutions.io does not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites does not imply approval or endorsement of the linked website by us. If you decide to access these third party websites, you do so at your own risk. You agree that ClinicalSolutions.io has no liability for any damage or loss of any type that is a result of your use of a third party website.
Without limitation, you agree to refrain from the following actions while using ClinicalSolutions.io “the Site”:
1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
2. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
3. Posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than the allowed categories.
4. (a) Posting adult content or explicit adult material.
(b) Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs, or graphics or photographs which depict or simulate sexual acts;
(c) Posting any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration.
5. Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
6. Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
7. Deleting or revising any material posted by any other user;
8. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
9. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
10. Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site:
11. Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
12. Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
13. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
14. Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
15. Posting any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation;
16. Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
17. Posting free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted;
18. Posting any material advertising handguns; Posting any material advertising assault weaponry; Posting any material advertising any weapons the use, carrying, or advertising of which is prohibited by applicable federal, state, or local law; Please report any violations of these Terms to: firstname.lastname@example.org
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of ClinicalSolutions.io the Site.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not intent collect personally identifiable information from any person we actually know is a child under the age of 13.
Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of ClinicalSolutions.io will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by ClinicalSolutions.io or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any.
You grant ClinicalSolutions.io (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
ClinicalSolutions.io authorizes you to view or download a single copy of the material on the ClinicalSolutions.io site solely for your personal, noncommercial use if you include the copyright notice: All rights reserved and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the ClinicalSolutions.io may be included elsewhere within ClinicalSolutions.io and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with ClinicalSolutions.io or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of ClinicalSolutions.io. All rights not expressly granted herein are reserved to ClinicalSolutions.io and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
CLINICALSOLUTIONS.IO PROVIDES THE SOFTWARE TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND, CLINICALSOLUTIONS.IO HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. CLINICALSOLUTIONS.IO MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE IS ACCURATE, COMPLETE OR UP-TO-DATE. CLINICALSOLUTIONS.IO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE USE OF THE SOFTWARE, THE RESULTS THEREFROM, OR THE USE OF ANY DATA (INCLUDIING WITHOUT LIMITATION DATA PRODUCED BY THE SOFTWARE) OR INTERACTIONS OF ANY USER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY CLINICALSOLUTIONS.IO EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. CLINICALSOLUTIONS.IO’S LICENSORS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE. CLINICALSOLUTIONS.IO DOES NOT WARRANT THAT THE SOFTWARE, OR ACCESS THERETO OR USE THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY END USER’S REQUIREMENTS OR ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY STANDARDS. CLINICALSOLUTIONS.IO DOES NOT WARRANT THAT ANY FUNCTIONALITY, INCLUDING WITHOUT LIMITATION ANY SECURITY MEASURE OR SECURITY FEATURE, PROVIDED HEREUNDER WILL BE ERROR-FREE, UNBREAKABLE, UNBREACHABLE, VIRUS FREE, OR INVIOLATE; AND, END USERS ASSUME THE ENTIRE RISK (AND ARE SOLELY RESPONSIBLE) THAT, NOTWITHSTANDING ANY SECURITY OR OTHER MEASURE THAT MAY BE PROVIDED BY CLINICALSOLUTIONS.IO OR ITS LICENSORS HEREUNDER, THE SOFTWARE AND/OR THE DATA PROCESSED THEREBY MAY BE CORRUPTED, COMPROMISED, INACCESSIBLE OR LOST. THE SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLINICALSOLUTIONS.IO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Upon request by us, you agree to defend, indemnify and hold ClinicalSolutions.io and its partners, affiliates, Use providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your violation of this Agreement; or (b) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Software. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us.
Notices to you hereunder shall be sent to the address provided by you when you registered to download and install the Software.
Notices to ClinicalSolutions.io shall be sent to:
ClinicalSolutions.io c/o Legal Counsel HC 04 BOX 12543, SAN GERMAN, PR 00683
Each party may change such address upon written notice to the other party.
ClinicalSolutions.io assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on ClinicalSolutions.io. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on ClinicalSolutions.io is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the ClinicalSolutions.io. You understand that all postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively "Content") posted on, transmitted through, or linked from ClinicalSolutions.io, are solely the responsibility of the person from whom such Content originated. You understand that ClinicalSolutions.io does not control, and is not responsible for Content available on ClinicalSolutions.io. You agree that ClinicalSolutions.io does not pre-screen, monitor or approve any Content, but that ClinicalSolutions.io shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. ClinicalSolutions.io shall not be responsible for any interaction between you and the other users of ClinicalSolutions.io. Your dealings with others through ClinicalSolutions.io are solely between you and such other parties. Under no circumstances will ClinicalSolutions.io be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. ClinicalSolutions.io is under no obligation to become involved in any disputes between you and other users of ClinicalSolutions.io or between you and any other third parties.
You agree that our service is a venue for posters and users of ClinicalSolutions.io. In the event that you have a dispute with any user of ClinicalSolutions.io, you agree that ClinicalSolutions.io is under no obligation to become involved. You further agree to release ClinicalSolutions.io from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.
ClinicalSolutions.io does not offer any refunds for the early cancellation of paid sponsor ads or paid print ads. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.
You acknowledge, consent and agree that ClinicalSolutions.io may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on ClinicalSolutions.io if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect
This Agreement shall be governed by and construed in accordance with the laws of Puerto Rico, USA without regard to its conflicts of laws provision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The parties hereby consent to, and hereby agree to submit to, the exclusive jurisdiction and venue in the state courts in Mayaguez, PR or any federal court located therein. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys' fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained. In the event of a breach, or threatened breach, of this Agreement by you which may harm the intellectual property or proprietary rights of ClinicalSolutions.io (or its licensors/suppliers), the parties agree that (i) ClinicalSolutions.io may suffer irreparable harm for which monetary damages may be insufficient as a remedy, (ii) ClinicalSolutions.io shall be entitled to seek injunctive or other equitable relief, (iii) no bond or surety shall be required to be posted for such relief, and (iv) such relief shall be in addition to any and all other remedies in law or in equity to which ClinicalSolutions.io may be entitled. The parties shall seek resolution through binding arbitration using a single arbitrator and the rules promulgated by the American Arbitration Association. The decision of the arbitrator shall be binding on the parties and may be entered into a court of competent jurisdiction. All such arbitration shall be conducted in the jurisdiction set forth above.
Complete Agreement; Waiver; Severability regarding the subject matter hereof, and supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and ClinicalSolutions.io relating to the Software or the terms of its license to you. In the event any term of this Agreement is held by a court of competent jurisdiction to be unenforceable, such unenforceability shall not affect the remaining terms of this Agreement in such jurisdiction or render unenforceable or invalidate such terms and provisions of this Agreement in other jurisdictions. Upon such determination that any of the terms or provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. ClinicalSolutions.io's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless such waiver is in writing and signed by ClinicalSolutions.io.
CLINICALSOLUTIONS.IO RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER, OR (D) OFFENSIVE, OBJECTIONABLE OR OTHERWISE UNACCEPTABLE TO CLINICALSOLUTIONS.IO AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
You agree that execution of this Agreement may occur by your manifesting your acceptance of it when you installed or used the Software and the Services, and that no signature on a paper copy of this Business Associate Agreement is required in order to form a binding contract.
The communications between you and ClinicalSolutions.io are electronic. You consent to receive communications from ClinicalSolutions.io in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. We also reserve the right to send you physical mail to any of the address you may share with us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and ClinicalSolutions.io may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or ClinicalSolutions.io shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or ClinicalSolutions.io customer/client/user.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Mayaguez, PR.
Contact information for ClinicalSolutions.io’s Registered Agent for Disputes/Arbitration is as follows:
HC 04 Box 12543
San German, PR 00683
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on ClinicalSolutions.io and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for ClinicalSolutions.io’s Copyright Agent for notice of claims of copyright infringement is as follows:
ATTN: DMCA/Copyright Agent
HC 04 Box 12543
San German, PR 00683
If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact ClinicalSolutions.io customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give ClinicalSolutions.io 30 days within which to resolve the dispute to your satisfaction.
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of ClinicalSolutions.io’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “Apply/Confirm/Register or similar” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.
Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of ClinicalSolutions.io, be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or by such other means as we in our sole discretion determine to be appropriate or advisable. You agree that you will be bound by the NACHA Operating Rules as such rules are amended from time to time. Without limiting the foregoing, you make all representations and warranties of a receiver under the NACHA rules whenever you initiate or authorize an ACH debit to your bank account. The NACHA Operating Rules are available at https://www.nacha.org/achrules.
The parties will at all times be independent contractors and will so represent themselves to all third parties. Neither party has granted to the other the right to bind it in any manner whatsoever and nothing herein will be deemed to constitute either party the agent or legal representative of the other nor to constitute the parties as joint venturers.
Any attempted assignment, sublicense, transfer, encumbrance of this Agreement (or of any of your rights or obligations herein) by you shall be void and shall constitute a material breach of this Agreement. This Agreement shall be binding upon and inure to the benefit of ClinicalSolutions.io’s successors and assigns.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to ClinicalSolutions.io by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to ClinicalSolutions.io by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to ClinicalSolutions.io by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- ClinicalSolutions.io a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ClinicalSolutions.io may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to ClinicalSolutions.io by email. We try to answer every email in a timely manner, but are not always able to do so.
ClinicalSolutions.io may provide links to third-party web sites. ClinicalSolutions.io also may select certain sites as priority responses to search terms you enter and ClinicalSolutions.io may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. ClinicalSolutions.io does not recommend and does not endorse the content on any third-party websites. ClinicalSolutions.io is not responsible for the content of linked third-party sites, sites framed within the ClinicalSolutions.io Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. ClinicalSolutions.io does not endorse any product, service, or treatment advertised on ClinicalSolutions.io
You understand that each time you post an ad on this Site or otherwise use ClinicalSolutions.io, you agree to these Terms. By agreeing to these Terms, you acknowledge that ClinicalSolutions.io may send you e-mail messages telling you about products and services offered by ClinicalSolutions.io (or its affiliates and partners) You understand and agree that such communications are part and parcel of your registration for and use of ClinicalSolutions.io; if you do not wish to receive further communications from ClinicalSolutions.io (or its affiliates and partners), you must cancel your registration by sending a cancellation notice to email@example.com. ClinicalSolutions.io may impose a fee on the posting of Content in certain areas of ClinicalSolutions.io. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will ClinicalSolutions.io provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.
ClinicalSolutions.io grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the App on a mobile telephone or other device controlled by you (each a “Mobile Device”), and to access and use the Services on such Mobile Device strictly in accordance with the ClinicalSolutions.io General Terms of Service for the purposes ClinicalSolutions.io makes such Services available.
A license to use an App does not transfer to you any right, title or interest in or to any of ClinicalSolutions.io’s intellectual property rights or those of our suppliers or licensors. Such intellectual property rights include those on our Legal Notices page. The App has been licensed, not sold, to you. Other than the limited license granted, you have no other right, title or interest in the Service, Software or Documentation. Any rights not expressly granted to you are fully reserved by us and our suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise. ClinicalSolutions.io does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use of the Intellectual Property) and all such rights are retained by ClinicalSolutions.io and its licensors. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ClinicalSolutions.io or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the manner in which the Services are displayed by means of the App; (v) install, use or permit the App to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the App, each of which is subject to a separate license (this restriction however does not limit your right to reinstall the App on the specific Mobile Device for which it was downloaded); (vi) distribute or link the Services to multiple Mobile Devices or other services; (vii) make the Services available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time.
Portions of each App may subject to terms, rules, and notices provided, including open source licenses, provided by ClinicalSolutions.io’s licensors. Any licenses granted pursuant to this Mobile App End User Terms do not alter any rights and obligations you may have under such terms, rules, and notices. By using the App, you agree that you have read, understand and agree to be bound by such terms, rules, and notices. The licensors listed in are intended third-party beneficiaries of the applicable terms of this Mobile App End User Terms, and your acceptance of this Mobile App End User Terms means the licensors shall have the right to enforce this Mobile App End User Terms against you as a third-party beneficiary.
You may not use or otherwise export or re-export the Services or App except as authorized by United States law and the laws of the jurisdiction(s) in which any Service or the App was obtained. You represent and warrant that you are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that you will not use the Services or the App for any purposes prohibited by United States law.
The App is “commercial computer software” or “commercial computer software documentation” as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government’s rights with respect to the Software and Documentation are limited by this Agreement pursuant to FAR § 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, App is being licensed to the U.S. Government end users: (i) only as “Commercial Items” as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (ii) with only those limited rights as are granted to the public pursuant to this Agreement. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this Agreement.
ClinicalSolutions.io has no obligation to maintain or support any App. ClinicalSolutions.io may, without further notice to you, periodically access your Mobile Device remotely to update, modify, add to or upgrade the App. In rare instances, such updates, modifications, additions or upgrades may cause data loss or other issues. You are solely responsible for regularly backing your data to prevent this from occurring.
You acknowledge and understand that certain Services or aspects of the App require and utilize phone service, data access or text messaging capability. Except as otherwise noted as part of the Services, ClinicalSolutions.io does not charge for the use of Services, but carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
The functional use of the Services and App may be dependent on the data related to your geographic location and geopositional data, and you acknowledge and agree that your failure to provide (or make accessible) that data may limit the functionality of the Services and the App. ClinicalSolutions.io makes no warranty with respect to the accuracy of Services provided to you in reliance on location and geopositional data provided by you, the App or via your Mobile Device.
When using the Services and App, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, and if you feel that any directions or route suggested by the Services or App instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, then you will not follow such suggested directions or route; (iii) not input destinations, or otherwise interact with the App, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License; and (v) arrange all wireless devices and cables necessary for use of the Services or Mobile Device in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
ClinicalSolutions.io makes no representation that any third party mobile device platform or service provider has endorsed the Services, and you should not rely on the availability of the App by means of any App catalog, storefront, or other means of downloading as an endorsement of the App, the Services or ClinicalSolutions.io generally. In no event shall any third party mobile device platform or service provider have any obligation to you whatsoever to furnish any maintenance and support services with respect to the App.
THE LOCATION-BASED SERVICES ARE INTENDED ONLY AS FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE APP OR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
NEITHER CLINICALSOLUTIONS.IO, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, WARRANTS THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR MOBILE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR MOBILE DEVICE, LOSS OF THE DATA LOCATED ON YOUR MOBILE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT CLINICALSOLUTIONS.IO AND ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, AND ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.
THE USER, WHETHER AN INDIVIDUAL OR CLIENT, OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APP AND SERVICES GENERALLY.
*** YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. ***