1.About The Company
1.1
www.cliniversity.com(the
"Site"), the courses available from the Site (the "Courses"), and the
training services made available on or through the Site and the software
(the "Services"), are owned, operated, and maintained, as applicable,
by Clini Research Services (hereinafter referred to as "we", "our",
"us", or the "Company", as the case may be). The Site, Courses, and
Services are, collectively referred to as the "Company Products". By (a)
using or accessing the Company Products, including, but not limited to
streaming, accessing or using the software; or (b) paying, either for
itself or for someone else to use or access the Company Products, you
agree to the terms and conditions set forth in these terms of use
(the"Terms").
1.2 THESE TERMS, UNLESS THE SAME
HAS BEEN SPECIFICALLY EXCLUDED BY ANY OTHER INSTRUMENT TO WHICH THE
COMPANY AND/OR AN USER ARE SUBJECT TO, INCLUDING THIS INTRODUCTORY
SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. BY
USING THE COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE
READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT
ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE -
ALL OR ANY PORTION OF THE COMPANY PRODUCTS.
1.3
For the purposes of the Terms, The term “User(s)/You” shall mean and
include all persons, natural or artificial, that visit the Site
including those that have agreed to become registered users on the Site
by providing registration data while registering on the Site as
registered users accessing the Company Products through the Website. If
you are a parent, guardian, or other natural people who enables a child
to access the Company Products, you agree to stand in the shoes of such
child for the purposes of making us whole in case of damages or
indemnification that could properly lie against a child, if not for his
or her age. This Site is intended for use by a natural person only if
such natural person is 13 (Thirteen) years of age or older.
1.4
If you are using or opening an account to use the Company Products on
behalf of a company, entity or organization (each a "Subscribing
Entity"), then you represent and warrant that you: (i) are an authorized
representative of that Subscribing Entity with the authority to bind
such entity to these Terms, and (ii) agree to be bound by these Terms on
behalf of such Subscribing Entity.
2.Privacy
2.1
Any personal information submitted in connection with your use of the
Site is subject to our Privacy Policy which is available at
www.cliniversity.com/privacy ;the
terms of which are hereby incorporated into these Terms by reference.
Please review our Privacy Policy to understand our practices.
2.2
The User may obtain certain confidential information, including without
limitation, technical, contractual, product, pricing and other valuable
information that should reasonably be understood as confidential
(“Confidential Information”). The User acknowledges and agrees to hold
all Confidential Information in strict confidence. Title and all
interests to all Confidential Information shall be vested in the
Company. The User’s obligations regarding Confidential Information will
survive the termination of these Terms of Use in accordance with the
clause on ‘Termination’ below. The User agrees that its obligations
under this clause are necessary and reasonable in order to protect the
Company’s business and expressly agrees that monetary damages would be
inadequate to compensate for any breach of any covenant or agreement set
forth herein. Accordingly, the User agrees and acknowledges that any
such violation or threatened violation will cause irreparable harm and
injury to the Company and that, in addition to any other remedies that
may be available, in law, equity or otherwise, the Company shall be
entitled to obtain injunctive relief against the threatened breach of
these terms or the continuation of any such breach.
3.General
3.1
The Company Products enable the Users to learn via live and recorded
instruction, tutoring, and learning services through our proprietary
Software. The Services include, without limitation, facilitating and
hosting Courses, and taking feedback from Users.
3.2
You understand and agree that these Terms are agreed to in
consideration of your use of the Company Products and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged.
3.3 Changes to these Terms.
Company reserves the absolute right to revise these Terms in its sole
discretion at any time and without prior notice to you other than by
posting the revised Terms on the Site. Any revisions to the Terms are
effective upon posting. The Terms will be identified as of the most
recent date of revision. You should visit this page regularly to ensure
your continued acceptance of these Terms. Your continued use of the
Company Products after any revision to these Terms constitutes your
binding acceptance of the revised Terms. Notwithstanding the preceding
sentences of this section, no revisions to these Terms will apply to any
dispute between you and the Company that arose prior to the date of
such revision.
3.4 Evolving Nature of Services.
The Company Products are new and subject to change at any time. We are
continually looking to improve the Company Products but if you are at
any time dissatisfied with the Company Products, then your sole remedy
is to discontinue use of the Company Products.
3.5
Electronic Notices. By using the Company Products or communicating with
us, you agree that we may communicate with you electronically regarding
security, privacy, and administrative issues relating to your use of
the Company Products. If we learn of a security system's breach, we may
attempt to notify you electronically by posting a notice on the Site or
sending an email to you.
4.Connectivity Costs and Equipment
4.1
You are solely responsible for all service, internet, telephony and/or
other fees and costs associated with your access to and use of the
Company Products, including, but not limited to, any data charges
imposed by a wireless carrier or Internet service provider, and for
obtaining and maintaining all telephone, computer hardware, and other
equipment required for such access and use.
4.2
The Company uses internally developed systems for making the Company
Products available to the User. These systems may encounter technical or
other limitations, and computer and communications hardware systems
might experience interruptions. Further, the Company continually
enhances and improves these systems in order to accommodate the level of
use of the Site. The Company may also add additional features and
functionality to the Company Products that might result in the need to
develop or license additional technologies. Increased utilization of the
Site or providing new features or functionality may cause unanticipated
system disruptions, slower response times, degradation in levels of
customer service, and delays in reporting accurate financial
information. The User agrees that the Company shall not be liable to the
User or to any third party claiming through the User for any such
failures contemplated herein.
5.Fees and Taxes
5.1
Accessing the Site and browsing Courses is free of cost. The company,
however, reserves the right to change its fee policies at any time in
its sole discretion, including charging for access to the Site, but no
fee change will be binding upon you until you agree to such fee changes.
5.2
Unless otherwise stated, all fees are quoted in INR. You are
responsible for paying all fees and applicable taxes associated with the
Site in a timely manner with a valid payment method that is accepted by
the Company in its sole discretion. If your payment method fails or
your account is past due, then we may collect fees owed using other
collection mechanisms. This may include charging other payment methods
on file with us and/or retaining collection agencies and legal counsel.
We may also block your access to any Company Products pending resolution
of any amounts due by you to Company.
6.General Disclaimer
6.1
We have no mechanism to control comments/discussions posted on the Site
and, as such, we cannot guarantee in any manner the reliability,
validity, accuracy or truthfulness of such contents. You also understand
that by using the Site you may be exposed to Submitted Contents which
you may consider offensive, indecent, or objectionable. You hereby agree
to indemnify and hold the Company harmless from and against any and all
claims, notices, and actions that you may have arising out of your
access or use of any Submitted Content.
6.2
Those who choose to access or use the Company Products from other
locations, including from outside India, may do so on their own
initiative and are responsible for compliance with local laws, if and to
the extent local laws are applicable. Access to or use of the Company
Products from jurisdictions where the contents or practices of the
Company Products are illegal, unauthorized or penalized is strictly
prohibited.
7Conduct
7.1
You shall only access the Company Products for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all
laws, rules, and regulations pertaining to your use of the Company
Products. You agree not to use the Company Products or the Company
Content (as defined below) to recruit, solicit, or contact in any form
Instructors or potential users for employment or contracting for a
business not affiliated with us without our advance written permission,
which may be withheld in our sole discretion. You assume any and all
risks from any meetings or contact between you and any Instructors or
other Users of Company Products. You should be careful before meeting
any Instructor or other User in person and should only do so in public.
Remember to always be safe.
8.Specific Obligations of Users using the Site
8.1 As a User, you agree that:
8.1.1
You have read, understood, and agree to be bound by the pricing
information (see the Pricing section below) before using the Site or
registering for a Course.
8.1.2 If you are under
the age of 18 (Eighteen), you have obtained parental or legal guardian
consent before using the Site, or registering for a Course;
8.1.3 You also agree that you will not do any of the following on or through the Company Products;
8.1.3.1
upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes or any other form of solicitation (commercial or
otherwise);
8.1.3.2 post any inappropriate,
offensive, racist, hateful, sexist, sex-related, false, misleading,
infringing, defamatory or libelous content;
8.1.3.3 manipulate or interfere with the Company Products; and
8.1.3.4
reproduce, distribute, publicly display, publicly perform, communicate
to the public, create derivative works from or otherwise use and exploit
any Submitted Content or other content obtained from any Company
Products without our express written permission or the permission of the
Company.
9.Registration and Identity Protection
9.1
To use certain Company Products, you will need to register and obtain
an account, username, and password. When you register, the information
you provide to us during the registration process will help us in
offering content, customer service, and network management. You are
solely responsible for maintaining the confidentiality of your account,
username, and password (collectively, the "Account") and for all
activities and liabilities associated with or occurring under your
Account. You must notify us (a) immediately of any unauthorized use of
your Account and any other breach of security, and (b) ensure that you
exit from your Account at the end of each Course. We cannot and will not
be responsible for any loss or damage arising from your failure to
comply with the foregoing requirements or as a result of the use of your
Account, either with or without your knowledge, prior to your notifying
us of unauthorized access to your Account. However, you agree that you
will be liable for any losses incurred by us or another party due to any
use of your Account, excluding only uses following your notification to
us of unauthorized access to your Account.
9.2
You may not transfer your Account to any other person and you may not
use anyone else's Account at any time. In cases where you have
authorized or registered another individual, including a minor, to use
your Account, you are fully responsible for (i) the online conduct of
such User; (ii) controlling the User's access to and use of the
Services; and (iii) the consequences of any misuse.
9.3 For additional information on how we use your information, please see our Privacy Policy.
10.Accuracy of Account Information
10.1
In consideration of your use of Company Products, you agree to (a)
provide true, accurate, current and complete information about yourself
as prompted by Company's registration form (such information being"Your
Data"), (b) maintain and promptly update Your Data to keep it true,
accurate, current and complete; and (c) comply with these Terms. If you
provide any information that is untrue, inaccurate, not current,
incomplete or misleading, or if we believe that such information is
untrue, inaccurate, not current incomplete or misleading, then we
reserve the right to suspend or terminate your account and refuse or
restrict any and all current or future use of the Company Products,
without any liability to you.
11.User and Submitted Content
11.1
Any materials, information, communications or ideas that you upload,
communicate or otherwise transmit or post to us on or through Company
Products (the "Submitted Content") will be treated as non-confidential
and subject to the license below, and may be reproduced, distributed,
publicly performed, publicly distributed, communicated to the public,
and otherwise used and exploited by us for any purpose related to the
delivery, marketing, promoting, demonstrating or operating the Company
Products, including, but not limited to, for quality control,
redistribution or display to Users, and professional development.
12.Copyright
12.1
You acknowledge that the software, the technology underlying the
Services, and all other software, designs, materials, information,
communications, text, graphics, links, electronic art, animations,
illustrations, artwork, audio clips, video clips, photos, images, and
other data or copyrightable materials, including the selection and
arrangements thereof, provided or made available to you in connection
with the Company Products (collectively, the "Company Content") are the
proprietary property of Company and its affiliates and/or third party
providers and suppliers (the "Third Parties") .
12.2
You agree that any and all material displayed on the Site is solely for
your personal use and you shall not, whether directly or indirectly,
copy, reproduce, republish, post, upload, transmit or distribute such
material in any manner and through any media including by way of e-mail
or other electronic means and shall not assist any other person in doing
so. Modification of the said materials or use of the materials on any
other website or networked computer environment or use of the materials
for any purpose other than personal use is a violation of the said
copyrights, trademarks and other intellectual proprietary rights, and is
expressly prohibited. Unless otherwise specified, when any content is
downloaded to your computer, you do not obtain any ownership interest in
such content or any use of the content for any other purpose. The
Company reserves all rights not expressly granted to you.
12.3
All services rendered by you as a part of this agreement are works made
for hire. Company shall have exclusive and sole ownership on the
intellectual property developed by us as a part of this agreement. The
entire right, title, and interest in and to all copyrights in the Work;
all registrations and copyright applications relating thereto and all
renewals and extensions thereof; all works based upon, derived from, or
incorporating the Work; all income, royalties, damages, claims and
payments now or hereafter due or payable with respect thereto; all
causes of action, either in law or in equity for past, present, or
future infringement based on the copyrights; and all rights
corresponding to the foregoing throughout the world shall vest with
Company with respect to the works pursuant to this agreement.
13.Other Prohibited Uses
13.1 In using the Company Products, you further agree not to:
13.1.1
Upload or otherwise transmit to or through the Services any information
or content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, including by
incorporating any such material in Submitted Content;
13.1.2
Upload or otherwise transmit to or through the Services any unlawful,
harmful, harassing, defamatory, threatening, vulgar, sexually explicit,
hateful or otherwise objectionable material of any kind, any material
that can cause harm or delay to the Company Products or computers of any
kind.
13.1.3 Create a false identify or impersonate another person or entity in any way;
13.1.4
Restrict, discourage or inhibit any person from using the Company
Products, disclose personal information about a third person on or
through Company Products or obtained from Company Products without the
consent of such person or collect information about Users of the Company
Products;
13.1.5 Undertake, cause, permit or
authorize the modification, creation of derivative works, translation,
reverse engineering, decompiling, disassembling or hacking of any aspect
of the Company Products or any part thereof, or attempt to do any of
the foregoing, except and solely to the extent permitted by these Terms,
the authorized features of the Company Products, or by law, or
otherwise attempt to use or access any portion of the Services other
than as intended by Company;
13.1.6 Gain
unauthorized access to the Services, to other Users' accounts, names or
personally identifiable information, or to other computers or websites
connected or linked to the Services;
13.1.7
Reproduce, distribute, publicly display, publicly perform, communicate
to the public, sell, trade, resell or exploit any portion of the Company
Products, use of the Company Products, access to the Company Products
or content obtained through the Company Products, for any purpose other
than expressly permitted by these Terms, including, by way of example
and not limitation, by doing or engaging in any of the following without
Company's express written consent;
13.1.8
framing, embedding and/or passing off Submitted Content obtained from
the Company Products in such a manner as to present them as originating
from a source other than the Company Products;
13.1.9
copying, caching or reformatting any Submitted Content for commercial
purposes in any manner whatsoever, whether by copying to physical or
electronic media for purposes of buffering delivery or converting
transmissions from the Company Products to alternative delivery formats;
13.1.10
altering, defacing, mutilating or otherwise bypassing any approved
software through which the Company Products are made available; and
using any trademarks, service marks, design marks, logos, photographs or
other content belonging to Company or obtained from the Company
Products;
13.1.11 Post, transmit or otherwise
make available any virus, worm, spyware or any other computer code, file
or program that may or is intended to damage or hijack the operation of
any hardware, software or telecommunications equipment, or any other
aspect of the Company Products or communications equipment and computers
connected to the Company Products;
13.1.12
Remove, disable, damage, circumvent or otherwise interfere with any
security-related features of the Company Products, features that prevent
or restrict the use or copying of any part of the Company Products or
any content accessible on or through Company Products, or features that
enforce limitations on the use of the Company Products or any content
accessible on or through Company Products;
13.1.13
Use any scraper, spider, robot or other automated means of any kind to
access the Company Products, except and solely to the extent permitted
by these Terms and the features of the Company Products, deep-link to
any feature or content on the Site, bypass our robot exclusion headers
or other measures we may use to prevent or restrict access to the Site
or Services;
13.1.14 Interfere with or disrupt
the Company Products, networks or servers connected to the Company
Products or violate the regulations, policies or procedures of such
networks or servers;
13.1.15 Violate any applicable federal, state or local laws or regulations or these Terms; and
13.1.16 Assist or permit any persons in engaging in any of the activities described above.
14.Refund / Swap
14.1 We offer users a three (3)- day, no-questions-asked money back guarantee on all courses.
14.2 The refund should be claimed within 3 days of registration.
14.3 No such request will be entertained after 3 days.
14.4 The 3-day, No Question Refund policy stands null in the following scenarios:
14.4.1 Any kind of content is downloaded from cliniversity's learning management system.
14.4.2 If you watch more than 2 class recordings from cliniversity's learning management system.
14.5
If we believe that you are abusing our refund policy, it will be our
sole discretion to suspend or terminate your account and refuse or
restrict any and all current or future use of company products, without
any liability to you.
14.6 Company reserves the
absolute right to revise these terms without prior notice to you other
than by posting revised terms on the website.
15.Procedure for Reporting Claimed Infringement
15.1
If you believe that any content made available on or through the
Company Products has been used or exploited in a manner that infringes
an intellectual property right you own or control, then please promptly
send a "Notification of Claimed Infringement" containing the following
information to the Company address. Your communication must include
substantially the following:
15.2 A physical or
electronic signature of a person authorized to act on behalf of the
owner of the work(s) that has/have been allegedly infringed;
15.3
Identification of works or materials being infringed, or, if multiple
works are covered by a single notification, a representative list of
such works;
15.4 Identification of the specific
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit Company to
locate the material;
15.5 Information reasonably
sufficient to permit Company to contact you, such as an address,
telephone number, and, if available, an electronic mail address at which
you may be contacted;
15.6 A statement that you
have a good faith belief that the use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or
the law; and
15.7 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.
16.Links
16.1
As you use the Company Products you may notice links to third-party
websites ("Third Party Sites"). This may include Instructors sending
links to Third Party Sites and/or causing Third Party Sites (such as
study resources or online education pages) to pop-up for your review.
These links are for convenience only. If you use these links, you will
leave the Site. Certain of these Third-Party Sites may make use of
Company proprietary intellectual property rights (such as copyrights,
trademarks, service marks, logos and trade names) under license from
Company. The company is not responsible for the availability or content
of these Third Party Sites or for any viruses or other damaging elements
encountered in linking to a Third Party Site, whether or not Company is
affiliated with the owners of such Third Party Sites. In addition, the
provisioning of these links to Third Party Sites is not an endorsement
or approval by Company of the organizations sponsoring such Third Party
Sites or their products or services, and you may be subjected to
offensive, harmful, or damaging content on such Third Party Sites. These
Terms do not apply to Third Party Sites, and you should review
applicable terms and policies, including any relevant privacy policies,
associated with any Third Party Sites, applications, software or
services.
16.2 YOU AGREE THAT COMPANY WILL
NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED
AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD
PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR
ADVERTISING ON THE THIRD PARTY SITES.
17.Disclaimer; Warranty Disclaimer
17.1
YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN A
COURSE, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE
EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER
MATERIALS FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE
FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OF
OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS. YOU FURTHER
UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT
OR MATERIALS THAT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR
OBJECTIONABLE, AND YOU AGREE TO WAIVE AND HEREBY DO WAIVE, ANY LEGAL OR
EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH
RESPECT THERETO.
17.2 TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES,
PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM COMPANY, AN EMPLOYEE OR REPRESENTATIVE OF
COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN. COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND
SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY
PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED,
OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT
WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND
AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION,
MATERIALS, OR DATA THROUGH THE COMPANY PRODUCTS, ANY ASSOCIATED SITES OR
APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY
(INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE COMPANY
PRODUCTS) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH
MATERIAL OR DATA.
18.Limitation of Liability
18.1
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING
OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY
CONTENT, THE COMPANY PRODUCTS, COURSES, SUBMITTED CONTENT OR ANY PORTION
THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE COMPANY
PRODUCTS, COMPANY CONTENT, SERVICES OR SUBMITTED CONTENT OR ANY PORTION
THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT
SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE
FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE
HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS COMPANY HAS RECEIVED AS
A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO THE LIABILITY.
19.Indemnification
19.1
You agree to indemnify, defend and hold harmless us, and our
affiliates, officers, directors, agents, partners, employees, licensors,
representatives and third party providers (including our affiliates'
respective officers, directors, agents, partners, employees, licensors,
representatives, and third party providers), from and against all
losses, expenses, damages, costs, claims and demands, including
reasonable attorneys' fees and related costs and expenses, due to or
arising out of any content you submit, post to, email, or otherwise
transmit to us or through the Site or Services, your use of the Company
Products, the Company Content or any portion thereof, your connection to
the Site or Services, or your breach of these Terms. We reserve the
right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in such
case, you agree to fully cooperate with such defense and in asserting
any available defenses.
20.Modification of Services
20.1
We may add, change or eliminate features, pricing, nomenclature and
other aspects of the Company Products and make other changes at any time
and these Terms will continue to apply to the Company Products as
modified. We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Company Products
(or any part thereof) with or without notice. You agree that we will not
be liable to you or to any third party for any such modification,
suspension, or discontinuance of all or any portion of the Company
Products.
21.Dispute Resolution
21.1
Mandatory Arbitration. Please read this carefully. It affects your
rights. YOU AND COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES,
AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS
AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO COURT) IN
ACCORDANCE WITH THE INDIAN ARBITRATION AND CONCILIATION ACT, 1996, AS
THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED, FOR ALL
DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR
USE OF THE COMPANY PRODUCTS.
21.2 There shall be
one (1) arbitrator appointed mutually by the Company and You and the
seat of the arbitration shall be Bangalore India The language of the
arbitration proceedings and of all written decisions and correspondence
relating to the arbitration shall be English.
21.3
These Terms shall be governed by and construed in accordance with the
laws of the Republic of India and subject to the provisions of
arbitration set out herein, the courts at Bangalore shall have exclusive
jurisdiction in relation to any disputes arising out of or in
connection with these Terms.
22.Termination of Services; Termination of Agreement
22.1
We may terminate your use of the Company Products immediately without
notice for any breach by you of these Terms, or any of our applicable
policies as posted on the Site from time to time or for breach of
applicable laws. Furthermore, we may terminate your rights to use the
Company Products for any other reason or no reason.
22.2
In the event of termination or expiration of these Terms, the following
sections of these Terms shall survive: all provisions regarding
ownership of intellectual property, disclaimer; warranty disclaimer,
limitation of liability, dispute resolution, any other provisions of
these Terms which, by their nature, apply after termination, and the
miscellaneous provisions below. You agree that upon the termination, we
may delete all information related to you on the Services and may bar
your access to and use of the Company Products. Upon the termination,
you will immediately destroy any downloaded or printed Company Content.
22.3
You are free to terminate your use of the Company Products at any time.
You can simply choose to stop visiting or using any aspect of the
Company Products. If you wish to terminate your account on the Site or
with the Services, you may do so by sending an e-mail to
support@cliniversity.com or using any other account termination
functionality that may be offered through the Company Products.
23.Monitoring
23.1
All electronic communications and content presented and/or passed to
the Company, including that presented and/or passed from remote access
connections, may be monitored saved, read, transcribed, stored, or
retransmitted in the course of daily operations by any duly authorized
employee or agent of the Company in the exercise of their duties, or by
law enforcement authorities who may be assisting the Company in
investigating possible contravention/non-compliance with applicable
laws. Electronic communications and content may be examined by automated
means. Further, the Company has the right to reject, at its sole
discretion, from the Site any electronic communications or content
deemed not to be in compliance with the corporate policies and
procedures of the Company. The Company shall not be under any obligation
to furnish any clarifications or answers in the event it so rejects any
content posted by the User. However, the Company has full authority to
review the content posted by Users on the Site.
24.Miscellaneous
24.1
Entire Agreement. These Terms and any policies applicable to you posted
on the Site constitute the entire agreement between the parties with
respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject
matter. All rights not expressly granted in the Terms are expressly
reserved. These Terms shall inure to our benefit and to the benefit of
our agents, licensors, licensees, successors, and assigns. All
electronic communications and content presented and/or passed to the
Company, including that presented and/or passed from remote access
connections, may be monitored saved, read, transcribed, stored, or
retransmitted in the course of daily operations by any duly authorized
employee or agent of the Company in the exercise of their duties, or by
law enforcement authorities who may be assisting the Company in
investigating possible contravention/non-compliance with applicable
laws. Electronic communications and content may be examined by automated
means. Further, the Company has the right to reject, at its sole
discretion, from the Site any electronic communications or content
deemed not to be in compliance with the corporate policies and
procedures of the Company. The Company shall not be under any obligation
to furnish any clarifications or answers in the event it so rejects any
content posted by the User. However, the Company has full authority to
review the content posted by Users on the Site.
24.2
Severability. If any provision of these Terms is found to be illegal,
void or unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability of
any remaining provisions of these Terms.
24.3
Waiver. A provision of these Terms may be waived only by a written
instrument executed by the party entitled to the benefit of such
provision. The failure of Company to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or
provision.
24.4 Notice. Any notice or other
communication to be given hereunder will be in writing and given by
facsimile, postpaid registered or certified mail return receipt
requested, or electronic mail.
24.5 No Agency.
Nothing in these Terms shall be construed as making either party the
partner, joint venture partner, agent, legal representative, employer,
contractor or employee of the other. Neither the Company nor any other
party to this Terms shall have, or hold itself out to any third party as
having, any authority to make any statements, representations or
commitments of any kind, or to take any action that shall be binding on
the other except as provided for herein or authorized in writing by the
party to be bound.
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