Terms of Use
These general terms set out the different ways the user can and cannot use our website www.clinion.com and takes account of several factors.
Irrespective of the way our services are provided to you, your use of our services is subject to the terms mentioned below. These terms of use consist of certain important terms to keep in mind while using our services. While these terms may seem standard and obvious for some, please make sure to read these terms of use carefully. These terms of use are not only meant to protect our interests but abiding by these terms also protects your interests and the interests of third parties. Breaching these terms may result in a suspension of your account or even damages.
Please note: every paragraph below starts with a summary of the specific term of use. This summary is for explanatory purposes only and is not legally binding.
- Account.
Non-legal summary: To use our services, you need to create your account and set a strong password, which you should keep strictly confidential.
To use our services, you need to create your account. In some cases, an account may be provided to you by a party you work with. Either way, it is important that you choose and set your password. While we use our best efforts to keep your account safe from unauthorized access, your actions play the most significant role in keeping your account safe and secure. In this regard, you are obligated to set a secure password, keeping in mind that long passwords are more secure than short passwords. Please also refrain from using passwords that are the same or similar to passwords you use for other services.
- Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licence providers, or other providers of such material and are or may be protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
- You must not access or use any part of the Website for any commercial purposes or any services or materials available through the Website.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
- Compliance.
Non-legal summary: You are responsible for the way you use our services, so only use our services reasonably, responsibly, and without violating any laws or rights of third parties.
You acknowledge and agree that you are solely and entirely responsible for how you use our services. In this regard, you hereby warrant that you shall not use our services in violation of any laws or regulations which may apply to you, us, or the persons whose information you choose to process through our services. Furthermore, you shall not violate our rights or the rights of third parties. Notwithstanding the aforementioned, by way of example and not as a limitation, you agree to not:
- Use or introduce harmful software, such as viruses or Trojans, which may damage, erase, or otherwise make unavailable any systems or information of us, other clients, or third-parties;
- Bypass technical security measures of our systems or the systems of third-parties;
- Use software or files resulting in unreasonable or disproportionate use of the services, infrastructure, or computer systems of us or third parties;
- Without prior consent, use manual or automated software, devices, or other processes to scrape any content within our services;
- Use our services for any unauthorized or unsolicited advertising, or sending junk mail, spam, bulk emails, scam emails, and/or phishing emails;
- Infringe any of our or any third party’s intellectual property rights (e.g. using standardized questionnaires without a valid license), privacy rights, or any other rights;
- Use our services to promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
- Actually or attempt to reverse compile, disassemble, reverse engineer or otherwise attempt to derive the source code from all or any part of our software services, unless insofar allowed under mandatory law.
- In case any of the provisions in these terms of use are breached by you, then we are entitled (but not obligated) to, at our sole discretion: review, edit, limit, refuse or delete any data you may have stored or processed with the use of our services. Furthermore, in such cases, we are also entitled to limit or deny your access to our services and to disclose your data to relevant third parties who are affected by your misuse of our services.
- Data and privacy.
Non-legal summary: You or your data suppliers are and will remain the owner of the data which you process with our services. However, you need to make absolutely sure that you are legally allowed to use the (personal) data that you process with our services. Please contact us about our security measures and encryption features if you are planning to process personal data with our services.
You represent and warrant that your use of our services and any data stored or otherwise processed by you with the use of our services do not violate or infringe upon any applicable law or rights of any third party. Furthermore, in case you use our services to process any personal data, you specifically represent and warrant that you have a valid legal basis for such processing of personal data.
In regard to privacy and security, you shall only process fictional test data with the use of our services until you have properly tested using our services, including the testing of forms or settings you may have added or changed within our services. Unless strictly necessary, you shall not use our services to store or otherwise process directly identifiable personal information (e.g. names, addresses, social security numbers, etc.) without also making sure you use (additional) security measures to secure such information, e.g. encryption features used to encrypt such information.
You shall defend, indemnify and hold us harmless from and against all claims, actions, proceedings, losses, damages, expenses, and costs arising out of or in connection with your breach of the foregoing representations and warranties.
- Content.
Non-legal summary: Before you use our services or contact us with questions, please read the manuals and instructions we make available online. We do not pre-screen or scan any uploaded content by you in our services, and you should not use the content within our services to make any medical decisions.
You are required to put reasonable efforts into studying manuals and instructions we make available to you regarding the use of our services.
You are aware that our services are intended as research tools. The content found in our services shall not constitute any medical advice and should not be relied upon in making or refraining from making any medical decisions.
You acknowledge and agree that we do not pre-screen your content or your use of our services and that we cannot directly influence the way you use our services. Everything you do with our services and all data you process with our services falls under your sole responsibility.
Our services may contain information that is derived from and/or may refer to websites, products, or services of third parties (for instance through hyperlinks, banners, or buttons). Because we have no control over such third-party websites, products, or services, you acknowledge and agree that we are not responsible, nor liable for the content of such information, websites, products, or services.
- Maintenance.
Non-legal summary: We try to keep our services available as much as possible. Sometimes we have to perform maintenance or make changes to our services and take our services offline for a little while. We may also shut down our services in case of a danger to the functioning of our services. If we plan to take our services offline, we will inform you.
We will use commercially reasonable efforts to realize an uninterrupted availability of our systems, network, and services. However, unless otherwise agreed upon in writing, the standard Bronze service level will be applicable with regard to such availability.
If we reasonably suspect that there is a danger to the functioning of our systems, network, or services, we are entitled to implement all measures we consider reasonably necessary to avert or prevent the suspected danger. In case we notice actual and direct danger to the functioning of our systems, network, or services, we are entitled to take any action we see fit to avert the danger (including shutting down all systems). We shall take commercially reasonable technical and organizational security measures to prevent the most common risks in respect of our services.
We are entitled to change (the functionality of) our website and services at any time. Your feedback and suggestions are welcome, but ultimately, we make the final decision on which changes we will or will not implement.
We have the right to temporarily take our systems, network, and services (or parts) out of operation for the purpose of maintenance, adjustment, or improvement. We will use reasonable efforts to perform such maintenance outside working hours as much as possible. If we plan to perform scheduled maintenance, we will provide at least twenty-four (24) hours prior notice on https://www.clinion.com/, where you can also subscribe to the latest status. In case of any major scheduled maintenance, which will take longer than 30 minutes, this notice will also be provided via e-mail or within the system of the Services. However, we are not liable for any damages that may arise in connection with such downtime due to maintenance.
- Amendments.
Non-legal summary: We may change these terms from time to time. We will inform you of any significant changes to these terms.
We are entitled to amend or supplement these terms of use at any time. In such cases, we shall notify you of significant changes to the amended terms through our services or via email. Any amendments shall be applicable with due observance of a term of thirty (30) calendar days after our notification of the amendment to you. Changes and amendments of minor importance can be implemented at all times. If you do not wish to accept an amendment, then you may terminate your use of our services until the date on which the amended terms of use enter into effect. Your use of our services after the date of effect shall constitute acceptance of the amended terms of use.
- Limitation of Liability
To the extent permitted by law, in no event will Clinion be liable to any party for any direct, indirect, incidental, special, exemplary, or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced, or accessed through our website www.clinion.com, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Clinion is expressly advised of the possibility of such damages. This exclusion and waiver of liability apply to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.
- Applicable Law
Applicable Indian legislation
- Contact Information
Email address: sales@clinion.com
Clinion Inc.
5900 Balcones Drive, STE 100,
Austin, TX 78731,
United States.