CLINIQOS reserves the right to change, delete, or update the Terms or other policies
that govern use of the Site or the Account at its discretion, at any time, for any reason,
without notice. Any amendments and modifications by CLINIQOS will be prospective
only, and unless otherwise provided in this Agreement, will be effective upon being
posted on the Site. CLINIQOS encourages you to review these Terms periodically for
updates and changes. Your continued access or use of the Site or your Account will be
deemed acceptance of all changes.
If you have another relationship with CLINIQOS, that relationship is governed by the
agreement specific to that particular relationship. The terms of these other agreements
are not altered by these Terms or by any content on the Site, provided that nothing in
these other agreements will diminish the protections and rights provided to CLINIQOS
specific areas of the Site or the above-referenced agreements, these Terms constitute
the entire agreement between you and CLINIQOS with respect to the use of the Site or
Restrictions on Use of CLINIQOS Materials and the Site
CLINIQOS or its content providers own all of the content, materials, and other
intellectual property related to the Site and the Services, including without limit all text,
graphics, photographs, music, data, images, audio and video clips, software, names,
button icons, logos, images, designs, titles, words or phrases, page headers, service
names, trademarks, patents, and copyrights (collectively, “Materials”). You have no
rights to the Materials, except as expressly set forth in these Terms. Any use of the
Materials, except as permitted by these Terms, is expressly prohibited.
The contents and use of the Site (including CLINIQOS’s name and the logos and
software used in the Site) are registered and/or protected by U.S. and international
copyright, trademark, and other laws. You agree to retain all copyright and other
proprietary notices contained in the Site or the Services. You may not delete or change
any copyright or trademark notices, and cannot alter or modify the content in any
manner without the express written permission of CLINIQOS.
- use the Site to transmit, copy, reproduce, republish, upload, post, transmit, email, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other
right of any party or that violates these Terms;
- copy (except as set forth above for noncommercial personal use), modify, distribute, create any derivative or compilation work from, or display CLINIQOS’s name or logo, or any text, graphic images,
or other content from the Site or redeliver such content using framing or similar technology;
- use any device designed to provide repeated automated access to any Site other than those made generally available by CLINIQOS;
- include any CLINIQOS trademarked materials, the name of any CLINIQOS personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false
or misleading impression of affiliation, sponsorship, or endorsement between CLINIQOS and you, any other party, or any other website, or otherwise use these items without CLINIQOS’s express written
- Collect, harvest, or store personal data about other users of the Site or the Services;
- upload, email or otherwise transmit to CLINIQOS or through the Site or any
CLINIQOS computer network any of the following: sexually-explicit images or
statements; advertising, promotional, or other unauthorized communication,
including without limitation, “junk mail,” surveys, unsolicited email, “spam,” “chain
letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and
any material that contains viruses, Trojan horses, worms, or any other computer
code, files, or programs that might interrupt, limit, or interfere with, damage,
surreptitiously intercept, or expropriate any system, data, or information related to
the Site or any computer software, hardware, or communications equipment that is owned, leased, or used by CLINIQOS;
- create a link to the Site without CLINIQOS’s prior written permission;
- use the Site or Services to post or transmit any threatening, false, misleading,
abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous,
inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or international law;
- use any robot, spider, scraper, or any other automated means to access the Site or the Services for any purpose without CLINIQOS’s express written permission;
- forge any TCP/IP packet header or any part of the header information in any email or posting; or
- take any action that imposes, or may impose, in CLINIQOS’s sole discretion, an unreasonable or disproportionately large load on CLINIQOS’s infrastructure;
- interfere or attempt to interfere with the proper working of the Site, the Services, or any activities conducted on the Site; or
- bypass measures used by CLINIQOS to prevent or restrict access to the Site or the Services, violate, or attempt to violate the security or authentication measures of the system, or attempt to prove,
scan, or test the vulnerability of a system or network without proper written authorization from CLINIQOS.
CLINIQOS reserves the right to disclose the identity of anyone posting or transmitting
any information or materials violating the above prohibitions to law enforcement
authorities or pursuant to any court order requesting or directing CLINIQOS to disclose
Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated by either party. If you no longer agree to be
bound by these Terms, you must cease use of the Site, the Services and the Account.
You agree that CLINIQOS may terminate, restrict, or suspend part or all of your license
to access the Site and your Account, or delete any content transmitted to or through the
Site and to your Account, at any time, at its sole discretion, without prior notice to you
and without any liability to you. CLINIQOS also reserves the right to take any action
relating to user-submitted information that it deems necessary or appropriate if such
information, as determined in CLINIQOS’s sole discretion, may create liability for
CLINIQOS, its agents, or its contractors, or may affect CLINIQOS’s business
relationships or contracts with its agents or its contractors. CLINIQOS further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive, or do not conform to these Terms, though CLINIQOS will be under
no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to its posting. You agree CLINIQOS has the right, but is not obligated, to monitor your use of the Site and Account and any
communications made by you related to such use in any manner, and you agree to release CLINIQOS from any liability related to its monitoring activities. If CLINIQOS denies you access to the Site or your Account, you agree to destroy all materials
obtained from the Site and all copies of those materials with the exception of your Account Information. You acknowledge that, upon termination, CLINIQOS may immediately deactivate or delete your Account and all related information and files in the
account and bar you from further access to the files, the Site, the Services, and your Account.
Website Linking and Third-Party Information Included in Site
For your general informational use only, CLINIQOS may provide access to third party websites. These links will allow you to leave the Site. The linked sites are not under the
control of CLINIQOS and CLINIQOS is not responsible for the contents of any linked site. By providing access to other websites, CLINIQOS is not recommending or supporting any third party, is not recommending the purchase or sale of any products or
services of a third party and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization.
CLINIQOS is not obligated to maintain, verify, update, or post any corrections to such third-party information for any reason. Nothing in the Site referencing any third parties with whom CLINIQOS conducts business, and nothing in these Terms, will be deemed
to create any agency relationship, affiliation, or sponsorship among CLINIQOS and such third parties or you, or make the third parties or you partners or joint ventures with CLINIQOS, or otherwise provide you or any third parties with any rights to act on
CLINIQOS’s behalf. CLINIQOS does not represent or guarantee the truthfulness, accuracy, completeness, timeliness, authorship, suitability of content, or reliability of communications posted by third parties, nor does CLINIQOS endorse any opinions
expressed by users or any third parties using the Site. Consequently, you agree that CLINIQOS does not guarantee, and is not liable to you for any third-party content.
Disclaimers and Limitations of Liability
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the
Site and other parties that use the Site or your Account Information for unauthorized or illegal purposes.
To the extent permitted by applicable law, you agree that all information, services, software and content available through the site, and the site itself, are furnished for general informational purposes only, and are furnished to you on an “as
is” and “as available” basis without any implied or expressed warranty of any kind (including without limitation, the implied warranties of merchantability, fitness for a particular purpose, suitability, security, correctness, and non-infringement). cliniqos
and its subsidiaries, affiliates, officers, directors, employees, contractors, agents, and suppliers (collectively the “ cliniqos parties”) make no representation or warranty regarding, are not responsible for, and disclaim all liability for, the continued
availability, reliability, accuracy, results, or performance of the site or any material on the site, the performance of the internet, the downloading compatibility of any materials or software with your computer system, the existence of any virus, worm,
malicious code, or other disabling device from any source, the unauthorized access to or use of your information by a party other than cliniqos, any technical failures (including hardware or software failures), incomplete, scrambled, or delayed
computer transmissions, and/or technical inaccuracies, or loss or use of data, as well as unauthorized access of user transmissions by third parties arising out of or related to these terms. no one is authorized to make any warranty on cliniqos’s
behalf, and you cannot rely on any other statement of warranty. you assume responsibility for the accuracy, appropriateness, and legality of any information you supply to cliniqos.
you agree that the cliniqos parties are not liable for any consequential, special, indirect, exemplary, or punitive damages. in no event will the cliniqos parties’ total liability to you for any
damages, losses, fees, and expenses (including attorneys’ fees), whether in contract, tort, trespass, or otherwise exceed the amount (if any) paid by you to cliniqos to purchase the particular
products or services which form the basis of your claim, the amounts paid by you to cliniqos to purchase products or services in the three months preceding any claim where your claim does
not relate to products or services purchased, or $100 if you have not paid any amounts to cliniqos. if you live in a state that does not allow the waiver of certain warranties, or limitations or damages waivers described in this section, some of these waivers
and limitations may not apply to you. you agree to promptly notify cliniqos in writing if you believe you have any claim against the cliniqos parties, and, in any event, you agree that any claim not brought within one year of your discovery will be deemed
waived and released.
In consideration of your use of the Site, you hereby agree to indemnify the CLINIQOS Parties and any third party information or service providers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation,
reasonable attorneys’ fees and costs) arising out of or related to your: (i) breach of these Terms, (ii) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or
publicity, contract, moral, or privacy rights) (iii) violation of any applicable law, rule, or regulation, (iv) negligence, recklessness, or misconduct,or (v) unauthorized use of your Account Information by a party other than CLINIQOS.
CLINIQOS controls and operates the Site from its offices within the State of Texas in the United States. If you choose to access the Site from other locations, you do so at
your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Texas (excluding any choice of law rules) govern your rights and obligations relating to CLINIQOS and your
use of the Site.
You agree to comply with all United States export laws and regulations. You assume
sole responsibility for any required export approval and/or licenses and all related costs
and for the violation of any United States export law or regulation. You acknowledge
that export of the products or services and any related documentation, in whole or part,
contrary to United States law is prohibited. You agree that no part of the products or
services available through the Site, either in whole or part, is being acquired for
shipment, transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities or for weapons.
Severability and Waiver
If any provision of these Terms is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision will not affect the validity of the remaining
provisions of these Terms, which will remain in full force and effect.
CLINIQOS’s failure to exercise or delay in exercising any right, power, or privilege hereunder will not operate as a waiver hereof, except as expressly provided herein. Any
waiver by CLINIQOS of a breach of any provision of these Terms will not be deemed to be a waiver of any other or subsequent breach and will not be construed to be a
modification of the Terms unless and until agreed to in writing by CLINIQOS.
CLINIQOS adheres to the Pursuant to the Digital Millennium Copyright Act (“DMCA”)
and does not tolerate content that appears to infringe any copyright or other intellectual
property rights or otherwise violates these Terms and will respond to notices of alleged
copyright infringement that comply with the law and are properly provided to us. We
reserve the right to delete or disable content alleged to violate these Terms and to
terminate repeat infringers. Our designated agent for notice of alleged copyright
1663 Stephenson Hwy, Suite 100
Troy, MI 48083
Federal law requires your DMCA Notice to include the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
- Your address, telephone number, and email address;
- A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or
the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of
that owner; and
- Your physical or electronic signature.
If a dispute arises between you and any of the CLINIQOS Parties, it is the goal of CLINIQOS to work in good faith with you to quickly and amicably resolve the dispute. All
disputes, claims, or controversies (“Claims”) arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by
binding arbitration as described herein unless provided otherwise in a written agreement between you and CLINIQOS.
Unless provided otherwise in a written agreement between you and CLINIQOS, any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute and the
existence, validity, interpretation, performance, termination, or breach thereof) will be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration
Rules of the American Arbitration Association (“AAA”), with the arbitration to be commenced no later than one year after such Claim accrues (in absence of which it will be deemed forever waived). A judgment upon
an arbitrator’s award may be entered by any court of competent jurisdiction. To the extent permitted by applicable law, you agree that there will be no class action arbitration related to this Agreement or the
Services. All parties will bear their own expenses, except that the parties will equally share the expenses of the arbitrator (except for the required non-refundable filing fees which will be paid solely by the
party asserting the related Claim).
The above obligations to arbitrate will not prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance, or other procedural actions in a court of competent
jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.
Unless provided otherwise in a written agreement between you and CLINIQOS,
exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in
any way related to the Site, the Services, or this Agreement will be in Austin, Texas.
Any matter brought before a court will be brought solely in the state or federal courts located in Troy, MI.
CLINIQOS and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the
benefit of any other person, except for permitted successors.
These Terms, and any policies referenced and attached hereto, constitute the entire agreement between you and CLINIQOS related to the Site and services. All prior
agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be
amended, altered, or added to in any manner except as set forth by a document in writing and signed by an authorized representative of each party. If there is a conflict
between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to CLINIQOS will govern.
The headings of the sections in these Terms are strictly for convenience and will not in any way be construed as amplifying or limiting any of these Terms.
Survival of Obligations
The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms will survive.
Effective/Last Updated: August 2018