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 permission;
• 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 such information.

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.

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.

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.

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.

Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

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 infringement is:

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.

The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms will survive.