To register for the Site and create an account, an account manager will assign you a specific URL and profile page. They will require a valid email address and phone number. You will be given a username and sent a request to establish your account. You will create a password that only you have access to. You shall protect your username and password and are solely responsible for any and all use that occurs under your account. You agree to notify Patient Voice immediately of any unauthorized use of your account or any other breach of security.
All information, words, images, sounds, and other material on all pages of the Site (“Content”), to the extent proprietary in nature, is the property of Patient Voice. Patient Voice takes no responsibility and assumes no liability for any message, profile, opinion, question, answer, posting, data, information, file, text, link, music, sound, image, video, photo, graphic, code, work of authorship or other material posted, stored, or uploaded or downloaded by you, a Customer or any third party, or for any loss or damage to or resulting from such Content. AS A PROVIDER OF INTERACTIVE SERVICES, PATIENT VOICE IS NOT LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY IN ANY CONTENT, NOR WILL PATIENT VOICE BE LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR ANY OTHER INFORMATION OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, WHETHER OR NOT PART OF THE SITE. Although Patient Voice has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Site, Patient Voice reserves the right, and has absolute discretion, to remove, screen or edit, with or without notice, any Content posted or stored on the Site, at any time and for any reason.
By posting or distributing Content to or through the Site, you (a) grant Patient Voice, its affiliates and the entity about which the Content is written a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, delete, edit, create derivative works of and publicly display such Content throughout the world in any media, now known or hereafter devised; (b) grant Patient Voice, its affiliates and sublicensees the right to display the name, title and company name associated with the account of the user that submitted such Content if such user has agreed to display such information publicly and, in instances when such user has not agreed to display such information publicly, grant Patient Voice, its affiliates and sublicensees the right to display the first name associated with the account of the user that submitted such Content; (c) grant Patient Voice, its affiliates and sublicensees the right to reject or refuse to post Content; (d) grant Patient Voice, its affiliates and sublicensees the right to contact you or any Content authors via email or telephone; and (e) represent and warrant to Patient Voice that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant Patient Voice the right to pursue at law any person or entity that violates your or Patient Voice’s rights in the Content by a breach of these Terms, which right is without the implication of any obligation to do so.
Content submitted by any user will be considered public and non-confidential and Patient Voice may freely disclose or use such Content without consent or notice. Patient Voice shall have no obligation to offer or provide you (a) any payment or other consideration for Content that you or any user submits) or (b) the opportunity to retrieve, view, review, edit, delete or otherwise modify Content once it has been submitted to Patient Voice. Patient Voice shall have no duty to attribute authorship of Content. You specifically agree that Patient Voice shall not be responsible for unauthorized access to or alteration of any Content.
Patient Voice may provide Content to third-party web sites to be published on such sites. Patient Voice makes no representations or assurances that any Content will be published on any third-party web site; that any Content that is published on any third-party web site will be accurately reproduced; that any Content that is published on any third-party web site will not be reproduced onto additional web sites that have not been approved by Patient Voice; or that, if any Content is published on a third-party web site, that such Content will remain on such site. Patient Voice may, at its sole discretion, seek to remove any Content from any third-party web site at anytime including, but not limited to, upon the termination of your account.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Patient Voice or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Patient Voice, and its licensees, successors and assigns, from any claims that you could otherwise assert against Patient Voice by virtue of any such moral rights.
- PROPRIETARY RIGHTS
Except for the limited license granted below, Patient Voice expressly reserves all right, title and interest in and to the Site, the Content, the Patient Voice Technology (as defined below) and all other Patient Voice IP (as defined below) and no rights therein are transferred to you by your access to the Site or the Patient Voice IP. “Patient Voice Technology” means all technology, inventions, know-how and related intellectual property owned or developed by Patient Voice, including without limitation Patient Voice-related software, code, script or API and all processing, algorithms and other software and technology used by Patient Voice in the provision of the Site, together with any fixes, updates and upgrades of the foregoing. “Patient Voice IP” means all intellectual property of Patient Voice, including, without limitation, the Site, the Content, the Patient Voice Technology, all trade secret or confidential information of Patient Voice, including without limitation, all Customer Information (as defined below), all trademarks, trade names, service marks, logos, trade dress and similar intellectual property rights of Patient Voice, the Patient Voice-provided logo and link, and any copyright, patent, trademark, other intellectual property right or federal or state right pertaining thereto, together with all derivatives, improvements, enhancements or extensions of any of the foregoing intellectual property conceived, reduced to practice or otherwise developed on or on behalf of Patient Voice. Patient Voice IP constitutes valuable assets of Patient Voice. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Patient Voice IP, whether by estoppel, implication or otherwise.
Patient Voice and the Patient Voice logo, and all other product or service names or slogans displayed on the Site in connection with the Services, are registered and/or common law trademarks, service marks or trade names of Patient Voice and/or its suppliers or licensors, and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of Patient Voice or the applicable trademark holder. In addition, the look and feel of the Site constitute the service marks, trademarks and/or trade dress of Patient Voice and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of Patient Voice. All other trademarks, or service marks or trade names or trade dress, product names and company names or logos, whether or not registered, mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Patient Voice.
Subject to these Terms, Patient Voice hereby grants to you a limited, revocable, non-exclusive, non-transferable license (“License”) to access and use the Site and, to the extent necessary to your use of the Site, the Patient Voice IP, in each case solely in accordance with these Terms and the applicable policies of Patient Voice made available on the Patient Voice Site.
During the term of the License, Patient Voice hereby grants to you a limited, revocable, non-exclusive, non-transferable license to include the Patient Voice Site on your browser solely for the purpose of accessing the information available from the Site.
You agree not to use, modify or download any portion of the Patient Voice Site or the Content for any commercial purpose other than your personal evaluation of any business listed on the Patient Voice Site. You agree not to use the Content or the Patient Voice Site to collect information for the purpose of soliciting the businesses listed in the Patient Voice Site. This license does not include any resale or commercial use of any Content. You agree not to sell, resell, commercialize, aggregate, copy, modify, display, transmit or distribute any Content nor exploit any Content for any commercial purpose. Any download or print out of Content shall be for your own non-commercial use, but not for display, performance, distribution, or for access by third parties over any computer network.
- CONFIDENTIALITY; RESTRICTIONS ON USE
The Patient Voice IP is to be used only to facilitate the exchange of opinions and information about the businesses, services, products and locations reviewed on the Site, and each person or entity supplying information to or using information from the Site shall only use the Patient Voice IP for such purpose. You shall not: (a) use, or allow the use of, any Patient Voice IP, except pursuant to the limited rights expressly granted in these Terms; (b) use the Patient Voice IP other than for its intended purpose or, with respect to the Patient Voice Technology that is a part thereof, in any manner that is inconsistent with user documentation, if any, made available to you by Patient Voice; (c) attempt to decompile, reverse engineer, hack into or compromise any aspect of the Patient Voice IP (including without limitation the Patient Voice Technology), or attempt to access personal data of any other registered users; (d) use any data mining, robots or similar data gathering or extraction methods to collect information or data from the Patient Voice IP; (e) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the Patient Voice IP or any materials delivered to you by Patient Voice; (f) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Patient Voice IP; (g) reproduce, distribute, display, modify or make derivative uses of the Patient Voice IP or the Site Content, or any portion thereof (except for any Content for which you have been given written permission), except as expressly provided herein; or (h) engage in any prohibited conduct, as detailed below.
Without limiting the generality of the foregoing, you specifically agree to the following restrictions on disclosure and use of Customer Information (as hereinafter defined): You agree not to use the Customer Information for any purpose whatsoever other than evaluating the businesses reviewed as potential service providers. You agree not to disclose the Customer Information to anyone except as necessary for the foregoing use. Without limiting the foregoing in any manner, you specifically agree not to use any Customer Information to solicit any customer of Patient Voice in connection with any business whatsoever. “Customer Information” as used herein means all information posted or accessible on the Site relating to or concerning Patient Voice customers.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You will not use the Patient Voice IP in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation any law or right regarding the transmission of technical data exported from the United States or the country in which you reside, any laws affecting the transmission or posting of content or affecting the privacy of persons, or any law or right regarding any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Except as expressly permitted herein, any use of any portion of the Patient Voice IP without the prior written permission of Patient Voice is strictly prohibited and will terminate the License. Any such unauthorized use may also violate applicable laws, including without limitation copyright, trade secret and trademark laws and applicable communications regulations and statutes.
- PROHIBITED CONDUCT
You agree that you are responsible for your own conduct and Content while using the Patient Voice IP and for any consequences thereof. You agree to use the Patient Voice IP only for purposes that are legal, proper and in accordance with these Terms and any applicable policies or guidelines. By way of example, and not as a limitation, you agree not to post, email, or otherwise make available Content: (a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (b) that is pornographic or depicts a human being engaged in sexual conduct; (c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (d) that impersonates any person or entity, including, but not limited to, a Patient Voice owner or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (e) that includes personal or identifying information, beyond a first name, about another person without that person’s explicit consent; (f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; (g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement or any similar matter; (i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Patient Voice Site which are not designated for such purposes; (j) that communicates directly regarding services, products or commercial interests (via email or phone) to a Patient Voice user who has not previously given you their email address and indicated in writing that it is all right to contact them about the same; (k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items services the sale of which is prohibited; (l) that contains software viruses or any other computer code, files or programs; (m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site; or (n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site. Additionally, you agree not to: (i) contact anyone who has asked not to be contacted; (ii) “stalk” or otherwise harass anyone; (iii) attempt to gain unauthorized access to Patient Voice’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; (iv) use the Site to gain preferential treatment from a business listed on the Site; or (v) use any form of automated device or computer program that enables the submission of postings on or through the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
The above list is only representative of the conduct not permitted under these Terms and is not exhaustive. Patient Voice does not screen the behavior of users and is not liable for their actions or violations of these Terms. If you suspect a user is in violation of these Terms, please contact Patient Voice at email@example.com. Any conduct deemed inappropriate by Patient Voice may result in suspension or termination of your Patient Voice account and License.
- THIRD PARTIES
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”). You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Patient Voice does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Patient Voice provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Patient Voice’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Patient Voice accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including without limitation privacy and data-gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Your interactions with other users of the Site or with advertisers, including without limitation payment and delivery of goods or services, or other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that Patient Voice will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of personally identifiable information supplied to such third party by you. If there is a dispute between you and any third party (including without limitation another user), Patient Voice has the right, but not the obligation, to participate in or monitor such dispute; provided, however, that neither the possession nor the exercise of such right shall be deemed to create any duty, liability or obligation on Patient Voice.
You recognize and agree that Patient Voice may implement mechanisms allowing us and other users to track your contributions to the Site and rate your performance as a user. Patient Voice reserves the right to collect feedback regarding your performance and to post such feedback on the Site. You may not take any actions that may undermine the integrity of the feedback system.
Access to the Site may store a cookie on your computer. In connection with the provision of the Site, Patient Voice may aggregate data derived from your use of the Site to compile aggregate statistics, metrics and general trend data about the Site for marketing and promotional purposes.
You agree to not use the Site to track or collect personally identifiable information of other users, nor will you associate any data gathered with any personally identifying information from any source as part of your use of the Site.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Patient Voice’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) at: firstname.lastname@example.org with “Attn: Copyright Agent” in the subject line.
Please provide our Agent with the following notice (“Notice”): (a) description of the copyrighted work that you claim has been infringed; (b) a description of the material on the Site that you claim is infringing, with enough detail so that we may locate it; (c) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your address, telephone number, and email address; and (f) the physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest. Patient Voice will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA”) (including without limitation the counter-notice and put-back procedures).
You agree to indemnify, hold harmless and defend Patient Voice and its members, officers, directors, employees, agents and affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against Patient Voice or any of its members, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including without limitation reasonable attorneys’ fees) incurred by Patient Voice or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of these Terms, or (b) your use of the Site. In such a case, Patient Voice will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Patient Voice reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such an event your obligation to indemnify and hold harmless Patient Voice (and its members, officers, directors, employees, agents and affiliates) shall continue in full effect with the sole exception of costs of defense.
You hereby release Patient Voice, and its members, officers, directors, employees, agents and affiliates, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation financial or non-financial loss, damage to your or your company’s reputation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from (a) any interactions with other users or any Patient Voice IP, (b) any incorrect or inaccurate Content (including without limitation any information in profiles) posted on or through the Site, whether caused by users or by any of the equipment or programming associated with or utilized in the Site, (c) conduct of any user of the Site, or (d) removal of any Content provided by you to the Site. You hereby waive California Civil Code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
13. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
THE SITE AND ALL PATIENT VOICE IP ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PATIENT VOICE (OR ANY MEMBER, OFFICER, EMPLOYEE OR AGENT THEREOF), EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ANY PATIENT VOICE IP, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PATIENT VOICE (OR ANY MEMBER, OFFICER, EMPLOYEE OR AGENT THEREOF) DOES NOT WARRANT THAT (A) THE SITE OR OTHER PATIENT VOICE IP WILL MEET YOUR NEEDS, (B) THE SITE OR OTHER PATIENT VOICE IP WILL BE ERROR-FREE OR ACCESSIBLE AT ALL TIMES, (C) DEFECTS WILL BE CORRECTED, (D) THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE CONTENT MADE AVAILABLE AS PART OF THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. YOU ASSUME ALLL RESPONSIBILITY FOR SELECTION AND USE OF CONTENT AND ALL OTHER PATIENT VOICE IP.
The foregoing exclusions and disclaimers are an essential part of these terms and formed the basis for determining the price charged for the services. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.
14. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PATIENT VOICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOST BUSINESS, OR LOST DATA, ARISING FROM YOUR USE OF, OR ANY OTHER PARTY’S USE OF, OR YOUR OR ANY OTHER PARTY’S INABILITY TO USE, THE SITE, THE CONTENT OR ANY OTHER PATIENT VOICE IP, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF PATIENT VOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE AND CONTENT IS ENTIRELY AT YOUR OWN RISK, AND PATIENT VOICE HAS NO LIABILITY IN CONNECTON WITH YOUR USE OF THE SITE OR CONTENT.
Patient Voice’s cumulative liability to you or any other party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to these Terms shall not exceed one hundred dollars (US$100). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
THE LIMITATIONS ON DAMAGES HEREUNDER ARE PART OF THE TERMS UNDER WHICH PATIENT VOICE IS WILLING TO ALLOW USERS TO USE THE SITE. USER ACKNOWLEDGES THAT THE SITE AND CONTENT WOULD NOT BE PROVIDED UNDER THE SAME TERMS, INCLUDING WITHOUT LIMITATION FREE OF CHARGE TO USER, IF PATIENT VOICE WERE RESPONSIBLE FOR USER’S DAMAGES.
Patient Voice reserves the right to make the Site unavailable or to take it down without notice as may be required or desired to make modifications or for any other reason. In addition, any software, information, content, or material of any kind downloaded or otherwise obtained through the use of the Site is obtained at your own discretion and risk, and you shall be solely responsible for any damage to any computer or loss of data that results from such download or use of the Content or access to the Site. Portions of the Site utilize Internet connectivity to transmit and receive Web pages, Content and data. Patient Voice may utilize this information to gather usage statistics. In addition, you are warned that the Internet is not a secure medium or environment, and thus all use of the Internet, including without limitation in connection with the Site and Content, is solely at your own risk. Patient Voice is not responsible for any viruses, spam or other actions or results that may occur as a result of your use of the Internet, Software, Site or Content.
16. TERMINATION; MODIFICATION OF LICENSE AND SITE OFFERINGS
Notwithstanding any provision of these Terms, Patient Voice reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and the other Patient Voice IP, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or the other Patient Voice IP; (c) change, suspend or discontinue any aspect of the Site or the other Patient Voice IP; and (d) impose limits on the Site and the other Patient Voice IP. Either party hereto may terminate the License at any time and for any reason. In addition, the License will terminate immediately, without notice, if you fail to comply with these Terms.
Upon any termination of the License, you will discontinue use of the Site and the other Patient Voice IP and, if applicable, delete all copies of the Patient Voice IP from your browser, Web servers, servers and any other location where Patient Voice IP has been saved. Upon termination of the License, you will no longer have access to the Site or any of the Content contained therein.
You understand and acknowledge that, unless and until the Patient Voice IP is deleted from your servers, Web servers, Web sites, and browser, these Terms remain in effect.
Sections 2, 3, 5, 6, 7 and 10-17 will survive termination of the License.
17. IRREPERABLE HARM
You understand that in the event it fails to comply with this Agreement, Patient Voice may suffer irreparable harm which may not be adequately compensated for by monetary damages alone. You, therefore, agree that in the event of your breach or threatened breach of this Agreement, including without limitation Sections 2 through 6, Patient Voice will be entitled to injunctive and/or other preliminary or equitable relief, in addition to any other remedies available at law.
These Terms represent the complete agreement between us concerning its subject matter, and supersede all prior agreements and representations between the parties hereto.
These Terms shall be governed by and construed under the laws of the State of California without reference to its conflict-of-law principles. In the event of any conflicts between foreign law, rules and regulations and California law, California law, rules and regulations shall prevail and govern.
Each party hereto agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in San Francisco, California, with respect to any dispute between the parties related to this Agreement, the Services or the Patient Voice IP (whether based in contract tort or any other right). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms.
The Patient Voice IP is controlled by U.S. Export Regulations, and may be not be exported to or used by embargoed countries or individuals.
Any notices to Patient Voice must be sent via email addressed to: email@example.com, and are deemed given upon receipt. Notices to you will be sent to your email address on record with Patient Voice, and are also deemed given upon receipt.
If any portion of these Terms shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of these Terms (including, without limitation, each portion of these Terms containing any provision held to be invalid, void or otherwise unenforceable, that is not itself invalid, void or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void or unenforceable.
A waiver of any default is not a waiver of any subsequent default.
These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Anything contained on the Site inconsistent with or conflicting with these Terms is superseded by these Terms, as in effect at any given time.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT YOU HAVE THE RIGHT AND ABILITY TO ENTER INTO THESE TERMS. YOU FURTHER REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO THESE TERMS, AND THAT THESE TERMS CONSTITUTE YOUR VALID AND LEGALLY BINDING OBLIGATION.
19. QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Site, please submit them to us at firstname.lastname@example.org.