THE CLINICAL HUB TERMS OF USE (11/02/2022)
Welcome to The Clinical Hub website ("Website") presented by the The Clinical Hub, Inc. (“TCHI”). Please be aware that You (defined below) must agree to the following Terms of Use ("TOU") in order to proceed and use the Services (defined below).
1. INTRODUCTION
TCHI is the exclusive licensed operator of this Website and the Services (defined below). It is important that end users who participate in the Services as students or as coordinators, staff or other facility or institution administrators ("You" or "YOUR") are fully aware of both YOUR and TCHI's respective legal rights and obligations. For that reason, TCHI has created these TOU. Please carefully review these TOU, as they form a binding agreement between You and TCHI.
2. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
By clicking "I agree" or by accessing the Services or content, products, or materials from the Services, You expressly represent, acknowledge and agree that You have fully read these TOU and unconditionally agree to follow and be legally bound by them as well as all applicable laws, rules, and regulations. These TOU constitute a writing signed by You. Any rights not expressly granted herein are reserved. If You do not agree or wish not to be bound by these TOU, do not click "I Agree" or otherwise access, download, or use any part of the Services. Although You may "bookmark" a particular portion of the Services and thereby bypass the agreement set out in the TOU, YOUR continued use of the Services still binds You to these TOU.
3. ELIGIBILITY
TCHI reserves the right to deny access to the Services to You or any other visitor at anytime without notice for any reason. By using the Services in any way You represent and warrant that You are at least eighteen (18) years old and have the legal capacity to enter into the agreement set out in these TOU. If You are under eighteen (18) years old or do not have the legal capacity to enter into the agreement set out in these TOU, please contact YOUR school coordinator to determine an alternate registration path.
4. SERVICES, MODIFICATIONS AND UPDATES
The Website is provided to facilitate the cooperative scheduling, coordination and arrangement of clinical rotation schedules and opportunities among hospitals, schools and students ("Service(s)"). To serve this end, if You are a student, the Website invites You to create a personal account with YOUR personal information ("Profile") (as described in Section 7 below) which will be accessible to coordinators, staff and other administrators (who have access to the Website) at YOUR school and at the various hospitals where You are scheduled for clinical rotations as well as representatives of TCHI and its employees, representatives, or contractors for purposes related to the provision of the Service or for other uses described in this TOU or for other services which may be requested by You and provided by TCHI.
The Services offered hereunder may be updated, modified, removed, or disabled, in whole or in part, without notice and for any reason in TCHI’s sole discretion. Please note that these TOU may also be modified, changed, updated, revised, and reissued on an as-needed basis under TCHI's sole discretion. If TCHI does change these TOU, it will attempt to provide You with notice of said change(s) by adding a notification to your notification page, by e-mail or by another similar, suitable means chosen by TCHI. You agree that notice of changes provided in these or similar means is adequate notice of changes. TCHI will post the most recent version of these TOU and indicate its effective date. YOUR continued use of the Services after any such change(s) and notice constitutes YOUR continued and/or renewed irrevocable acceptance of these TOU as modified. Any additional terms and conditions proposed by You are expressly rejected by TCHI and shall be of no force or effect. Modification or alterations of the Services and the information, content, or materials in regard to the Services for any purpose not permitted by these TOU may be a violation of applicable Copyrights and/or Trademarks and is strictly prohibited and may expose You to civil and criminal penalties.
5. AUTHORIZATION TO USE SERVICES
Subject to YOUR strict compliance with these TOU, TCHI hereby grants You limited permission to access and use the Services. All permission granted under these TOU to You is done so on a limited, terminable, revocable, non-transferable, non-exclusive, non-assignable, and non-sub-licensable basis and not sold. You may use the Services and their available features subject to You keeping intact all copyright, trademark, and other proprietary notices. When accessed through a Profile, YOUR use of the Services is limited to non-commercial, personal use only. The material and all other User-Generated Content (see Section 8 below) posted on or through the Services may not otherwise be copied, rebroadcast, resold, reprinted, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized in writing by TCHI. Using any User-Generated Content or any other materials posted on or through the Services upon any other Web site or networked computer environment is prohibited unless specifically authorized in writing and in advance by TCHI.
6. REGISTRATION, USER ID, AND PASSWORDS
In order to access or use most of the features of the Service, You must register with TCHI and create an account. As part of this registration process, if You are a student, You will be asked to create a Profile (as described in Section 7 below) and a unique login and password. Do not use an e-mail address as a password for YOUR Profile account. All Profile information must be true, accurate, and complete. YOUR registration information will act as the basis of YOUR Profile and TCHI also uses various details provided by You to verify YOUR authenticity and consent to as-needed disclosures of YOUR Profile information during YOUR use of the Service. If You are a coordinator or other employee of a school or hospital, a login will be created for You and You will select a password for YOUR account following YOUR initial login. You are solely responsible for any and all use of YOUR account (whether by You or anyone using YOUR account). You are solely responsible for the confidentiality and security of YOUR account password and login information. You must notify TCHI immediately of any actual or suspected breach of security or unauthorized use of YOUR account. Should You forget YOUR password, You may click a link on the login page which will send an e-mail containing a link to reset YOUR password to the e-mail address You entered during registration.
7. PROFILE INFORMATION
If You are a student, YOUR Profile must accurately and truthfully describe You, an individual person. You may not impersonate another person when registering or otherwise use a pre-existing account, user ID, or password of another at any time. In addition to YOUR contact information, YOUR Profile may include a record of whether You have met facility requirements regarding background checks, immunizations, drug testing, CPR training, and records of certain medical tests such as tuberculosis tests. All or part of all such information in YOUR Profile may be provided directly by you or by your school on your behalf. By creating a Profile and clicking the "I agree" button, You consent, acknowledge and agree that in addition to your school, representatives at the hospitals at which You perform clinical rotations will have access to this information as part of the Services and that TCHI and its employees, representatives, or contractors will have access relevant to the provision of Services or for other uses described in this TOU or for the provision of other services requested by You and provided by TCHI. You further acknowledge and agree that this process satisfies the electronic consent requirements of the Family Educational Rights and Privacy Act (FERPA), 34 CFR § 99.30, with respect to such information.
If You are an authorized representative of a school or hospital, You must accurately and truthfully describe YOUR account. You may not impersonate another person when registering or otherwise use a pre-existing account, user ID, or password of another at any time. Be aware, communal accounts are not authorized and all of the provisions of this TOU fully apply to You unless specifically stated otherwise.
8. USER-GENERATED CONTENT
The Services together with Your Profile information shall be referred to herein as "User-Generated Content" or "UGC". All UGC must adhere to the terms set forth in these TOU. Be aware that any UGC You post, upload, or transmit on or through the Website may be accessible by schools and/or facilities using the Website, as well as by TCHI its employees, representatives, and contractors. TCHI is unable to control any usage of Your information by any third parties who may view Your UGC, and therefore, You disclose such information at Your own risk.
9. END USER RESPONSIBLE FOR ALL POSTINGS TO SERVICES
TCHI does not endorse any UGC. TCHI has no control over what information, materials and/or content is included in the UGC. No UGC is reviewed by TCHI prior to posting and therefore UGC does not necessarily reflect the opinions or policies of TCHI. Under no circumstances does TCHI have any obligation to check the accuracy or truthfulness of any UGC, or to monitor any End User's use of the Services.
10. PROHIBITED CONDUCT
You are solely responsible and liable for Your (and anyone using Your account) acts or omissions made on or through the use of the Services. Your authorization to use and TCHI’s provision of the Services is conditioned upon Your (and anyone using Your account) proper use of the Services. Therefore, You agree that You (and anyone using Your account) shall NOT engage in any activity which TCHI in its sole discretion deems inappropriate or unacceptable, including but not limited to the following:
· 10.1. illegal activity or any activity prohibited in these TOU;
· 10.2. use these Services in any manner inconsistent with or in violation of these TOU as well as all applicable local, state, national, or international laws and/or regulations having the force of law;
· 10.3. transmit, e-mail, post, or upload any UGC that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancelbots, computer code, files, or programs designed to interrupt, destroy, monitor or limit the functionality of any computer software or hardware or telecommunications equipment;
· 10.4. interfere with, disrupt, or create an undue burden upon the Services or servers and/or networks connected to the Services;
· 10.5. attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining or any other means;
· 10.6. modify, adapt, translate, or reverse-engineer any portion of the Services, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Services; and/or
· 10.7. circumvent, disable, or otherwise interfere with security features of the Services or features that prevent or restrict use or copying of any content or enforce these TOU.
11. NON-COMMERCIAL USE ONLY
The Services are rendered for the personal use of registered TCHI end users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TCHI. Organizations, companies, and/or any other non-student parties or third-party entities may not create or use student Profiles and should not use the Services for any purpose unless otherwise agreed to by TCHI. Schools, hospitals and other TCHI expressly authorized facilities may access and use the Services as otherwise described herein or as governed by a separate subscription agreement.
12. REMOVAL FOR IMPROPER CONDUCT
TCHI may, but is under no obligation to, monitor Your conduct with respect to Your use of the Services for violations of these TOU. TCHI may remove any or all of Your UGC posted on or through the Services and/or terminate Your access to or communications through the Services if TCHI suspects a violation of these TOU. TCHI may also suspend or terminate Your access to the Services, if TCHI deems it necessary in order to protect the Services, or TCHI, its parent, affiliates, directors, officers, agents, employees or other end users from any form of harm.
13. PRIVACY POLICY
TCHI collects certain non-personally identifiable information from You when You visit the Website. This information includes browser type, dates and times of access, pages visited, number of page views and domain specific information. TCHI and/or authorized researchers may use non-personally identifiable information for demographics and statistical analytics purposes. Reports created using non-personally identifiable information from Your Profile may be generated and used, given or sold by TCHI to third parties, and advertising material may also be created from such reports and distributed at TCHI's discretion. In no case will personally identifiable information from Your Profile be used in such reports or advertisements.
TCHI may also ask for personally identifiable information to provide You access to the Services. TCHI may use contact information You provide to send You surveys, informational announcements, job notices or other items of interest. TCHI may use Your personally identifiable assignment and/or attendance patterns contained in the Service and associated Profile information to evaluate the clinical rotation process, generate reports for TCHI’s internal use, or to demonstrate the Service(s) to others for training or promotional purposes.
Voluntarily provided personally identifiable information is secured against unauthorized access or disclosure and accidental loss, alteration or destruction by Data3 (https://www.datathree.com), a third party hosting and security services provider. TCHI makes no warranties or representations regarding the security of information contained on Data3 systems. All Data3 security warranties and representations are passed through from Data3 directly to You and You acknowledge and agree that TCHI is not responsible for Data3 security incidents related to the inadvertent or intended loss or disclosure of any information residing on Data3 systems.
Other than directly pursuant to TCHI's provision of Services or as otherwise stated above, TCHI will not sell, rent, share or otherwise disclose any information provided by You or obtained through Your use of the Website to any third party. In no event will TCHI sell, rent, share or otherwise disclose any information provided by You or obtained through Your use of the Website to any third party marketers or other such parties unless (a) required to do so by law, or (b) disclosure is necessary to enforce our rights under this Privacy Policy or to protect the public.
14. SUGGESTIONS SUBMITTED TO TCHI
By submitting suggestions, either solicited or unsolicited, You agree that TCHI may (but shall have no obligation to) use, modify, distribute, copy, and otherwise exploit such suggestions in any manner as TCHI sees fit, without restriction or limitation of any kind, and You grant to TCHI a paid-in-full, perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that TCHI’s use or alleged use of a suggestion infringes any of Your rights.
15. SUBSCRIPTION FEES NONREFUNDABLE IF YOU BREACH
TCHI charges an annual subscription fee to access the Services. If TCHI terminates Your authorized end-user status because You have breached these TOU, You shall not be entitled to a refund of any unused portion of any applicable fees already paid.
16. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
· 16.1 TCHI
Content
All right, title, and interest in the intellectual property and proprietary
rights in the Services and all of the TCHI-generated content (e.g., text,
audio, audiovisual, graphics, software, photographs, page layout, and design)
available on or through the Services as well as all technical data and software
used with the Services (software, scripts, and all other data) (the "TCHI
Content") are owned, licensed, or used with permission by TCHI. TCHI
Content is protected by copyright, trademark, patent, trade secret, and other
laws, and TCHI retains all rights in the TCHI Content and the Services. TCHI
hereby grants You a limited, revocable, non-sublicensable license
to reproduce and display the TCHI Content (excluding any software code) solely
for Your personal and/or professional use in connection with using the
Services. Except as otherwise provided above, You may
not copy, modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any TCHI Content appearing on or through the Services. Use of
TCHI Content anywhere other than on or through the Services for any reason is
prohibited. All features of and content on or through the Services is presumed
to be proprietary and copyrighted, unless otherwise designated. Except for the
UGC You submit and own, You have no
proprietary rights whatsoever in the Services or its features. The parties
acknowledge that a breach of the intellectual property and/or proprietary
rights licensed to TCHI will result in substantial injury that is difficult, if
not impossible, to ascertain and compensate in monetary damages. Therefore, in
addition to any other rights or remedies that TCHI may have in the event of a breach
of its intellectual property or proprietary rights, TCHI shall be entitled to
seek injunctive relief in a court of competent jurisdiction.
· 16.2
Third-Party Content
Third-party submissions of UGC will be available on or through the Services. You
acknowledge that such third party UGC is not endorsed by TCHI, and does not
reflect the opinion, recommendation, or advice of TCHI in any manner.
If You believe any portion of said third-party UGC violates these
TOU, You may notify TCHI of Your concern by contacting
TCHI using the information provided below.
17. UNAUTHORIZED LINKS, "FRAMING," ETC.
You are authorized to provide hyperlinks ("link(s)" or "linking") to page(s) designated by TCHI. All other linking, framing, and site references are prohibited unless expressly authorized by TCHI in writing. You may not link to an internal portion or page of the Website ("deep linking"), including, but not limited to, deep linking to logos, trademarks, UGC or other copyrighted material, for any reason. Further, You are not allowed to reference TCHI’s domain names in any commercial media or other advertisements without TCHI’s express permission.
18. LINKED THIRD-PARTY SITES
The Services may link You to other websites on the Internet. These links are provided for Your convenience only. These other sites are not under the control of TCHI and You acknowledge that (whether or not such sites are affiliated in any way with TCHI) TCHI is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by TCHI or any association with its operators. TCHI cannot control and therefore does not make any representations or warranties as to the security of any information (including, without limitation, social security numbers and other personal information) actually provided to any third party via the Services, and You irrevocably waive any claim against TCHI with respect to such sites. Any and all claims You may have related to the intentional or accidental mishandling of information are between You and such third party. We strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online dealings/transaction with any of these third-party sites.
19. TERM AND TERMINATION
These TOU will remain in full force and effect while You use the Services or are a registered End User. You may terminate Your Profile and receipt of Services from TCHI at any time by e-mailing Your user name and password to support@theclinicalhub.com requesting that YOUR receipt of Services be terminated. TCHI may also terminate a relationship with You for any reason, at any time. If TCHI terminates a relationship with You for any reason not related to Your breach of these TOU, TCHI or the entity who collected Your subscription fee shall refund to You any unused portion of Your subscription fee on a pro rata basis.
If TCHI terminates this relationship or suspends/terminates Your access to the Services because You have breached these TOU, You will not be entitled to any refund of unused fees. Once Your relationship with TCHI terminates (for any reason), You will have no right to use the Services. Even after Your relationship is terminated, certain sections of these TOU will remain in effect. TCHI’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability, and miscellaneous provisions shall survive any such termination. TCHI may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Services, or any part thereof, with or without notice. Where possible, TCHI will use reasonable efforts to give End Users fair notice of termination or suspension of their access to the Services. You further agree that TCHI shall not be liable to You or any third party for any termination or suspension of access to the Services or modification of the Services.
20. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER. TCHI EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS.
TCHI DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SERVICES, THE FUNCTIONALITY OF THE SERVICES, OR THE AVAILABILITY OF THE SERVICES. TCHI CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TCHI, OR FROM OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. TCHI MAKES NO SUCH WARRANTY. TCHI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. TCHI DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TCHI EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER END USER, AND EXPRESSLY DISCLAIMS THAT UGC INPUTTED BY OTHER END USERS IS EITHER CORRECT OR ACCURATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
21. LIMITATION ON LIABILITY
Your use of the Services is at Your sole risk. TCHI is not responsible for any injury or damage to any computers or other devices used to access the Service.
TCHI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or End User communications. Under no circumstances will TCHI, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, end users, agents, and employees, be liable to You for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, revenue, goodwill, use data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the Services, whether or not TCHI has been advised of the possibility of such damages or loss. Such limitations of liability shall apply (A) whether the damages arise from the Services or from the interruption, suspension, or termination of the Services (including such damages incurred by third parties), and (B) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. If You are dissatisfied with any part of the Services, Your sole and exclusive remedy is to discontinue use of the Services.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to You. In such states, under no circumstances shall TCHI be liable to You for any amount exceeding the amount actually paid for access to TCHI systems for the applicable yearly subscription or the minimum amount allowed by law in the applicable jurisdiction.
22. INDEMNIFICATION
You, or, if You are acting on behalf of a third party, Your principal, agree to indemnify and hold TCHI and its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, end users, agents, and employees forever harmless and to defend (at TCHI’s request) them, against any third-party claim arising from or in any way related to Your use of or conduct or UGC posted on the Services, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorney's fees, of every kind and nature. In such a case, TCHI will provide You with written notice of such claim, suit, or action.
You, or, if You are acting on behalf of a third party, Your principal, agree to indemnify and hold TCHI and its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners forever harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of or relating to: (A) Your use of the Services (including the posting by You of any UGC through the Services) in violation of these TOU; (B) any other breach of these TOU by You; (C) the infringement of any proprietary right of any person or entity carried out under Your account; or (D) any breach of Your representations and warranties set forth herein. You agree that in the event You cause damage that TCHI is required to pay for, You promise to indemnify TCHI for all such payments made.
23. MISCELLANEOUS
· 23.1. Entire
Agreement
These TOU constitute the entire agreement between You and TCHI
regarding the use of the Services and the subject matter hereof. These TOU
supersede and replace all prior versions of the same or contemporaneous
understandings, whether written or oral, regarding such subject matter.
Notwithstanding the foregoing, if You are acting on behalf of a
school or hospital pursuant to a separate agreement between TCHI and such
school or hospital, the terms of the separate agreement shall control where
expressly conflicting with the terms of this TOU.
· 23.2.
Applicable Law, Jurisdiction, and Venue
These TOU are governed by and construed in accordance with the laws of the
State of Oklahoma, without giving effect to its conflict-of-laws
provisions or Your actual state or country
of residence unless Your country mandates its own laws. For the resolution of
disputed matters arising under or in connection with these TOU or otherwise
from Your use of the Services, You agree to
submit to the personal and exclusive jurisdiction and venue of the courts
located in Oklahoma City, Oklahoma.
· 23.3. Notices
TCHI may provide You with notices regarding the Services or updates
to these TOU by regular mail, e-mail, or postings on or through the Services.
· 23.4. No
Agency
There is no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between You and TCHI or between
TCHI and any other End User or user of the Services.
· 23.5. Legal
Compliance
You shall comply with all applicable domestic and international laws, statutes,
ordinances, regulations, contracts, and applicable licenses regarding Your use
of the Services. TCHI makes no representation that UGC posted on or through the
Services are appropriate or available for use outside the United States.
If You choose to access the Services from such foreign locations You do so on Your own initiative and at Your own
risk. You are responsible for complying with local laws, if and to the extent
local laws are applicable. You specifically agree to comply with all applicable
laws concerning the transmission of UGC exported to or from the United States
or the country from which You reside.
· 23.6.
Severability
These TOU operate to the fullest extent permissible by
applicable law. If any provision of these TOU shall be held by a court of
competent jurisdiction to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms to the extent
they are unlawful, void, or unenforceable and shall not affect the validity and
enforceability of any of the remaining portions of that provision or any of the
other provisions of these TOU.
· 23.7.
Assignment
You shall not assign these TOU or assign any rights or delegate any obligations
hereunder, in whole or in part, whether voluntarily or by operation of law,
without TCHI’s prior written consent. Any such purported assignment or
delegation will be null and void and of no force or effect. TCHI agreements are
freely assignable by TCHI.
· 23.8. Force
Majeure
Without limiting the foregoing, under no circumstances shall TCHI be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical
power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
· 23.9. Waiver
The failure of TCHI to exercise or enforce any right or provision of these TOU
shall not operate as a waiver of such right or provision. Any waiver of any
provision of these TOU by a party will be effective only if in writing and
signed by a party.
· 23.10.
Headings
The section headings in these TOU are for convenience only and have no legal or
contractual effect.
· 23.11.
Contacting TCHI
Should You wish to contact TCHI about Copyright, Privacy, or any other reasons
that have been outlined in these TOU, You may do so
at:
The Clinical Hub, Inc.
300 N. Meridian Ave., Suite 105-S
Oklahoma City, OK 73107
877.338.1144