Terms of use - Clinikly.ai

1: Terms of Use

360Medlink provides this website to you under the following terms and conditions (this “Agreement” or “Terms of Use”). Our Privacy Policy (as in posted to our website), which explains how we collect and use information from customers to our website (“Visitors”), is incorporated by reference in these Terms of Use. By using our website, products, or services (the “Site”) or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy. By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, the Privacy Policy, and all other operating rules, policies and procedures that may be published by us from time to time on the Site, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you. Your use of the Site is governed by the version of this Agreement in effect on the date of use.

2: General Guidelines

You represent and warrant that all information that you provide to 360Medlink or through the Site is accurate, complete, and truthful. You acknowledge and agree that 360Medlink and its subsidiary are entitled to rely upon the information you provide as true, accurate and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

360Medlink grants you a limited, revocable, non-exclusive, non-transferable license to view, copy and print content on the Site for personal, non-commercial purposes. 360Medlink grants the operators of public search engines a limited, non-exclusive, non-transferable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content. We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and at our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter, or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site/services and products by any other person or entity in any manner.

You are prohibited from posting or transmitting any material on or through the Site that, in 360Medlink sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law. 360Medlink will fully cooperate with any law enforcement authorities or court order requesting or directing 360Medlink to disclose the identity of anyone posting any such information or materials on the Site.

3: No Representations or Warranties

360Medlink makes no representation as to the completeness or accuracy of the information provided on the Site. 360Medlink does not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. 360Medlink is entitled to rely upon the information provided by its users. To the extent provided by law, 360Medlink assumes no liability or responsibility for any errors or omissions in the content of the Site. 360Medlink has not reviewed all the links provided on the Site and is not responsible for the content of any off-site pages. Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.

4: Copyright Notice

360Medlink respects the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright(s) owner (“Complaining Party”) should send a notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party.
Identification of the copyrights(s) claimed to have been infringed.
Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as an address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted.
Identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials.
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law.
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.

360Medlink Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.

Designated Agent for Claimed Infringement:

360Medlink Inc

Postal Address: 360Medlink Inc, 774 Saint-Paul west, Suite -109, Montreal Canada

E-mail address: info@360Medlink.com

You acknowledge, accept, and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you.

Please note that this procedure is exclusively for notifying 360Medlink and its affiliates that your copyrighted material has been infringed. It may be advisable to contact an attorney regarding your rights and obligations under other applicable laws. Allegations that another intellectual property right is being infringed should be sent to info@360Medlink.com. 360Medlink may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.

5: Intellectual Property

You hereby agree, in your individual capacity and on behalf of any user for which you are an authorized representative, subject to the Privacy Policy, that all content and images on the Site are either the property of or used with permission by 360Medlink. The use of the content or images by you or anyone authorized by you is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site. By providing content or Data on the Site, subject to the Privacy Policy, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses such content or Data. No compensation will be paid with respect to our use of such content or Data. 360Medlink neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned or affiliated with 360Medlink.

The trademarks, logo and slogans displayed on the Site including the mark 360Medlink, (collectively the “Trademarks”) are owned by 360Medlink and others. Nothing on this Site should be construed as granting any license or right to use the Trademarks without the written permission of 360Medlink or such third-party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are advised that 360Medlink will aggressively enforce its intellectual property rights to the fullest extent of the law.

6: Communications

You agree, in your individual capacity and on behalf of any user for which you are an authorized representative, that 360Medlink may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your Account. You agree to notify us of any changes in your address or contact details. 360Medlink may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you could access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.

Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. 360Medlink shall have a reasonable period to effect such a change and 360Medlink may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address, and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.

You agree that any information that you transmit to the Site or 360Medlink in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc. is non-confidential and non-proprietary and can be used by 360Medlink or its affiliates for any purpose. 360Medlink is free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site of the 360Medlink for any purpose.

7: Change or Termination

We may, without prior notice, change the Site, stop providing the Site, applications, or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8: Disclaimer of Liability

Your use of the Site is at your own risk. You acknowledge that 360Medlink has no control over what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release 360Medlink from all liability for you having acquired or not acquired Content through the Site. 360Medlink makes no representations concerning any content contained in or accessed through the Site, and 360Medlink will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. 360Medlink neither represents warrants, covenants guarantees, nor promises any specific results from use of the Site.

THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. NEITHER 360MEDLINK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

360Medlink makes no representation or warranty, express or implied, with respect to any third-party data provided to 360Medlink or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. 360Medlink will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third-party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by 360Medlink or “force majeure” or any other cause beyond the control of 360Medlink.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Electronic Communication Privacy Act Notice (18usc 2701-2711): 360Medlink makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. 360Medlink will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on 360Medlink equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

360Medlink assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not, and cannot, guarantee that any Investor is actually an Accredited Investor (as defined above), or that any content or information provided on this Site is true, correct, complete or viable.

Although 360Medlink may from time to time monitor or review discussions, postings, transmissions, and the like on the Site, 360Medlink is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information within such locations on the Site. 360Medlink reserves the right to remove any content from the Site or to restrict access to the Site for any reason without notice.

9: General

The failure of 360Medlink to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 360Medlink. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.

10: Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. 360Medlink shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation, or reorganization of 360Medlink for the sale of substantially all of its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to affect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such void or unenforceable provision.

These Terms of Use contain the entire understanding between you and 360Medlink relating to the Site and 360Medlink services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site and 360Medlink services prior to the Effective Date below.

These Terms of Use were last updated on July 19, 2021