BY USING THIS WEBSITE, YOU ARE AGREEING TO ABIDE BY THE TERMS OF SERVICE BELOW. These rules and guidelines have been created to protect all users and ensure that the site works for all. If you encounter another member who fails to abide by these rules in any manner, including but not limited to, using improper, threatening, or harassing language and/or behavior, please contact us immediately. By agreeing to these terms, you are entrusted to abide by the provisions of these Terms of Service and take personal responsibility for your own actions.
1. Acknowledgment and Acceptance of Terms of Use
This website (“the website”) is provided free of charge to you by Clinical Tools Inc. (“CTI”) under these Terms of Service. Although portions of the website may be viewed simply by visiting the Site, in order to receive additional services from CTI you may need to sign on as a guest or register as a member of the website. If you sign on to the website as a guest, these Terms of Service will govern your use of the website, including access to message boards and other features. If you register as a member of the website community, these Terms of Service will govern your use of the website, including use of message boards and other features. BY SIGNING ON TO THE WEBSITE AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE “LOG IN” OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of the website and all services provided in connection with the website. CTI shall not be liable to you for any breach of these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT REGISTER FOR OR OTHERWISE ENTER THE WEBSITE. The Terms of Service is available to refer to throughout any and all visits. Please refer to the terms of service if you have any questions before using the website to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with the website immediately (i) by notifying CTI of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of the website. YOUR CONTINUED USE OF THE WEBSITE WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT AND ANY CHANGE IN THE TERMS AND CONDITIONS SET FORTH HEREIN.
From time to time CTI may supplement these Terms of Service with additional terms pertaining to specific content or events, (“Additional Terms”), which Additional Terms may be placed on the website to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
2. Registration Information/Privacy Policy
When you register for the website, you will be required to provide CTI with the following information: your name, email address, zip code, gender, age, member name and password. In addition, you may voluntarily choose to provide the website with additional information, including: your address, household income, education, marital status, and employment status.
Except as provided herein, CTI will not sell to any third party your name, address, email address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. CTI allows access to database information by third parties providing technical services, but only to the extent necessary to provide you with those services. In those instances, the third party is bound by these terms. Your informed consent shall be in the form of an “opt in” or similar policy. You understand and agree that CTI may disclose to third parties your zip code, gender and/or age. In addition, you agree that CTI may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of CTI or its affiliated entities. CTI reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by CTI.
3. Termination
CTI reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access the website and/or any other service provided to you by CTI upon any breach by you of the Terms of Service.
4. Modifications of these Terms of Service
CTI MAY MODIFY THESE TERMS OF SERVICE AT ANYTIME AND AS OFTEN AS CTI DESIRES IN ITS SOLE DISCRETION. EACH TIME YOU LOG ON TO THE WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED ANY SUCH CHANGES.
5. Modifications of CTI
At any time CTI may modify or discontinue the website with or without notice to you and without liability to you or any third party.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. CTI reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The website is to be used by you for your personal use only. Commercial uses of the website are strictly prohibited unless prior written consent from CTI has been granted.
You further agree not to use the website to send or post on message boards or any other place on the website, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability, encourage the use of controlled substances, or otherwise violate any applicable local, state, national or international law or regulation. CTI reserves the right to delete any such material from the website. CTI will cooperate fully with all law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of CTI. You also agree not to use an inappropriate member name of any kind.
You further agree not to post or use the website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) CTI permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the website is not protected by Rights rests with you. You acknowledge that CTI may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
BY SUBMITTING CONTENT, WHICH SHALL INCLUDE YOUR MEMBER NAME, TO ANY “PUBLIC AREA” OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO MESSAGE BOARDS, FORUMS, CONTESTS AND CHAT ROOMS, YOU GRANT CTI AND ITS AFFILIATES A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT (INCLUDING ANY MORAL RIGHTS) AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, COMMUNICATE TO THE PUBLIC, PERFORM AND DISPLAY THE CONTENT (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED, FOR THE FULL TERM OF ANY RIGHTS THAT MAY EXIST IN SUCH CONTENT. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the website retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO THE WEBSITE, YOU HEREBY EXPRESSLY PERMIT CTI TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY CTI IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
You may order services or merchandise through the website from other persons not affiliated with CTI (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. CTI makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider CTI, nor will CTI be construed as a party to such transactions, whether or not CTI may have received revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, to you or any other person involved or related to the transaction.
CTI may include special routing icons which may be located within the website, the activation of which will allow you to access and learn more about CTI and other services provided by CTI or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY CTI AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
8. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify CTI of any unauthorized use of your registration or password.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
CTI MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CTI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. CTI WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA LOSS THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT CTI DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEBSITE. CTI IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CTI NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEBSITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. CTI ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
CTI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CTI OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CTI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
CTI IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE CTI’s SITE. As a convenience to our members, we may provide links to resources that are beyond our control. We make no representations as to the reliability, validity, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against CTI with respect to such sites.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, CTI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. CTI specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on the website, you are promising that the content of your advertisement is true and that you will indemnify CTI against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on the website, you waive any claims against CTI for damages arising from such advertisement or your reliance upon statements in such advertisement.
10. Limitation of Liability
CTI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Promotional Messages
CTI and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. CTI makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither CTI nor such third party shall have any liability with respect thereto.
12. Indemnification
You agree to indemnify and hold each of CTI, their parents, subsidiaries, affiliates, officers, consultants and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the website, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions.
14. Remedies for Breach of these Terms by You
In the event that CTI determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the website, CTI reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to the website, (iii) delete all content provided by you to the website, (iv) discontinue your registration with the website and/or any other CTI community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which CTI deems to be appropriate.
15. Severability
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
16. Miscellaneous
CTI reserves the right to analyze survey, form, and quiz responses in aggregate and individually in order to improve and/or change our products. We reserve the right to analyze usage patterns, including metrics such as time on site, device type, and other technology-focused data. CTI also reserves the right to publish the results of such analysis, in both trade and academic settings, in aggregate and/or anonymous fashion. No individual user will ever be identifiable.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
CTI may assign its rights and obligations under these Terms of Service and upon such assignment CTI may be relieved of any further obligation hereunder.
You represent to CTI that you have the authority to register with the website according to these Terms of Service.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the website by CTI) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of CTI, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
CTI reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty days prior written notice to you.
