TERMS OF USE

 

By accessing or using the website operated at www.protcmclinic.com and such other locations as made available from time to time (collectively, the “Website”), any of the interactive health records web- or mobile-based applications which reference these Terms of Use (collectively, the “Apps”) and the services offered therefrom (collectively, the “Service”), you (“you” and, together with all persons accessing or using the Service, the “Users”) signify that you have read, understand, acknowledge and agree to be bound by these Terms of Use in all respects with respect to the Website, the Apps, our provision of the Service, and your use of them. The Website, the Apps and the Service are operated by Plum Flower International, LLC, and its corporate affiliates (collectively, “PFI”, “us” or “we”).

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

 

Your use of the Website, the Apps and the Service is subject to these Terms of Use. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website, the Apps and the Service.

 

1. Amendments.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use from time to time without further notice. If we do this, we will post the latest version of the Terms of Use on this page at https://www.protcmclinic.com/terms-of-use/ and we will indicate at the bottom of such page the date of the last revision or modification. Your continued use of the Website, the Apps or any Service, which use includes your continuing to make available your User Content (defined below), after any such change, modification, addition or deletion constitutes your acceptance of the Terms of Use as then revised. If you do not agree to abide by this or any future version of the Terms of Use, do not use or access (or continue to use or access) the Website, the Apps or any Service. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.

 

2. Registration Data; Account Security.

In consideration of your use of any Service, you agree to provide us with accurate, current and complete information about you as may be prompted by any registration forms for such Service in connection with your User account for the Service (your “User Account”). You hereby agree to be fully responsible for all use of your User Account, including any action that takes place using your User Account. You must maintain the confidentiality and security of the password to your User Account, and you will notify use upon any unauthorized use of your password or your User Account. If you choose to create a User Account, you represent and warrant that you are or are over the age of thirteen (13).

 

3. Privacy.

We care about the privacy of our Users. You can view our privacy policy at https://www.protcmclinic.com/privacy-policy/ Without limiting that, you acknowledge that we may (but have no obligation to) access, preserve and disclose your User Account data and your personal information if, in good faith, we believe that same is reasonably needed to (a) comply with applicable law or legal process, (b) enforce these Terms of Use, or (c) protect against imminent harm to any person, any safety of any person, or any property of any person. You further acknowledge that the Website, the Apps and their related Services use the Internet and other, third-party networks, and that, accordingly, any information processed through the Website or the Apps may be processed or transmitted over various networks in any jurisdiction (including those outside of our control) .

 

4. Content.

In these Terms of Use, “Content” means all materials and content of any type, including, but not limited to, photos, graphics, images, designs, profiles, messages, information, notes, text, information (including data sent by you in establishing your User Account), personal health information, music, sound, video, articles, and software.

 

5. Site Content.

All Content available or stored on the Website other than User Content (defined below), including any Services themselves, all other Users’ Content, any Content made available by us or any third party, and the selection and arrangement of all such Content and User Content (collectively, the “Site Content”), is the sole and exclusive property of us, our Users or our licensors with all rights reserved, and we (or, as applicable, our Users or licensors) retain and shall retain all right, interest and title in and to all Site Content. Subject to your full compliance with these Terms of Use, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use Website, the Apps and their related Services, and use Site Content solely for your personal, non-commercial use. By making the Site Content available to you, we are not providing you with any implied or express licenses or rights, and for greater certainty and you will have no rights to make any commercial uses of the Site Content or any Service without our prior written consent.

 

6. User Content and Your License to Us.

The Website, the Apps and their related Services may permit you (or any person using your User Account), or any health care practitioner (including such practitioner’s staff or volunteers as authorized Users) which your User Account is linked to, to submit, transmit, copy, make available and distribute Content (collectively, your “User Content”), and we do not claim ownership over any User Content. By providing any User Content, you

  • acknowledge that we reserve the right to refuse to accept, display, or transmit any User Content in our sole discretion,
  • grant to us the worldwide, royalty-free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content as permitted by the functionality of the Service (the “User License”) (i) for the sole purpose of offering the Website, the Apps and their related Services and Site Content, (ii) including our right to sublicense to third party service providers for that purpose; and (iii) ending a commercially reasonable period after such User Content is removed from the Service,
  • notwithstanding the above, grant to us the worldwide, royalty-free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content which may be considered personal health information (the “Research License”) for any medical or other possible research purpose, provided that such User Content is first anonymized,
  • represent and warrant to us that (i) you have all right, title and interest to grant the User License and the Research License, (ii) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, and (iii) no User Content contains any libellous, defamatory or otherwise unlawful material, and
  • hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims that the User Content infringes on any other person’s rights (including all of the rights set out in (b) above).

 

7. User Conduct (Things You Must Not Do).

You acknowledge and agree that the Service is available for your personal, non-commercial use only. Without restricting anything else in these Terms of Use, you agree not to

  • alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Site Content,
  • make the Site Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Website, the Apps or any Service in any way except in furtherance of your permitted use in accordance with these Terms of Use,
  • collect or harvest any data about other Users, except as may be permitted by the functionality of the Service, nor use any data mining, robot or similar data gathering or extraction methods with respect to the Website, the Apps, any Service or any Site Content,
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your User Account registration data or otherwise;
  • upload, post, transmit, share or otherwise make available through the Website, the Apps or any Service any User Content that
    • consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or
    • contains any personal or private information of any third party, unless that third party has consented to such use of its information,
    • in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or
    • would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
  • disable or circumvent any access control or related process or procedure established with respect to the Website, the Apps or any Service, or attempt to gain unauthorized access to any Service or any other person’s User Account,
  • remove any copyright or other proprietary notices on or in relation to the Site Content or any part thereof,
  • intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority, or
  • interfere with or disrupt the Website, the Apps, any Service or Site Content (including the servers, networks or technology connected to the Service).

 

8. User Content Responsibility.

You acknowledge and agree that (a) you are solely responsible for all of your User Content, and (b) we may, but are not obligated to, review and delete or remove (without notice) any User Content, in our sole discretion, including, without limitation, any User Content that violates these Terms of Use. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Site Content (except for these Terms of Use, the Privacy Policy and other legally binding agreements) for any purpose whatsoever. You will also comply with any of your own local laws regarding online conduct and acceptable content, including laws relating to the export of data if you are outside of USA.

 

9. Other Uses.

Any use of the Service or the Site Content other than as specifically authorized in these Terms of Use, without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.

 

10. Trademarks.

“PLUM FLOWER PRO TCM CLINIC”, and related logos and designs are trademarks of Plum Flower International, LLC. All other trademarks, registered trademarks, product names and company names or logos used in the Site Content are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property found within the Site Content without our or our licensors’ express written consent.

 

11. Third Party Sites and Content.

The Site Content may contain (or you may be presented with through the Website, the Apps or any Service) links to other web sites (“Third Party Sites”) as well as Content belonging to or originating from parties other than us or our Users (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content available on the Service, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with us.

 

12. Advertisements.

We may run advertisements and promotions on the Website or the Apps. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us is subject to change in our sole discretion.

 

13. Disclaimers.

  • No Responsibility for Others’ Content. We are not responsible or liable in any manner for any User Content or Third Party Content available through the Website, the Apps or any Service, whether made available or caused to be made available by Users or by any of the technology associated with or utilized by the Website or the Apps. Although we provide these Terms of Use and other policies and rules for User conduct, we do not control and are not responsible for our Users’ actions and are not responsible for any Content you may encounter on the Website or the Apps, be it User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in these Terms of Use, we have no responsibility to monitor any User Content or Third Party Content.
  • Availability. The Website, the Apps and any Service or Content associated with them may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Website, the Apps, the Service or any Content associated with them. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Service) or combination thereof.
  • “As Is”; “As Available”. The Website, the Apps, each Service and all Content are provided “as is” and “as available”, and we disclaim any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We do not represent or warrant that any Content is accurate, complete, reliable, current or error-free, or that Website or the Apps are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such Content and use industry-recognized software to detect and disinfect malware. We disclaim any and all responsibility for any Third Party Content or Third Party Cites.

 

14. Limitation on Liability.

Except in jurisdictions where such provisions are restricted (and, then, only to the strict extent of such restriction), (a) in no event will we, or our directors, partners, officers, employees, contractors or agents, be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, for any lost profits or lost data, arising from your use of the Website or the Apps or any content on or accessed through the Website or the Apps (including all Third Party Content and Third Party Sites), even if we are aware or have been advised of the possibility of such damages, and (b) if despite the foregoing we are liable to you for any cause whatsoever, and regardless of the form of the action, our liability will in aggregate be limited to CDN$10.00.

 

15. Indemnity.

You agree to indemnify and hold us and each of our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any User Content, your use of the Website, the Apps or any Content or Service available therefrom, your conduct in connection with the Website, the Apps, any Service or with other Users of the Service, or any violation of these Terms of Use, law, or any right of any third party.

 

16. Exceptions.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

 

17. Copyright, Intellectual Property and Content Complaints.

If you believe that any Content infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Website or the Apps, you may send a written notification to Attn: Webmaster here:

by e-mail: info@protcmclinic.com
by regular mail: Plum Flower International LLC; 336 36th St; STE 111, Bellingham, WA 98225

To assist us in promptly taking action, please ensure that your communication includes (a) identification of the Content that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content, (b) the reasons for your objection, and (c) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted during regular business hours. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers of intellectual property or users or posters of objectionable content. We may also, at our sole discretion, limit access to any Service or terminate the User Account of any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement, or otherwise uses or posts objectionable Content through the Website or the Apps.

 

18. Governing Law; Venue and Jurisdiction.

You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the State of Illinois with respect to any dispute hereunder.

 

19. Submissions.

Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website, the Apps or any Service or Site Content (collectively, “Submissions”), provided by you to us are non-confidential and may be used for any purpose by us, commercial or otherwise, without acknowledgment or compensation to you.

 

20. Electronic Communications.

When you use any Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to the email address attached to your User Account or by posting notices.

 

21. Interpretation.

Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, these Terms of Use. The word “or” is not exclusive and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.

 

22. Other.

These Terms of Use constitute the entire agreement between you and us regarding the use of the Website and the Apps, superseding any prior agreements between you and us relating to your use of the Website and the Apps. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of these Terms of Use shall continue in full force and effect

23. English Language.

The parties have requested and agree that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.

 

End of Terms of Use

Last Updated: [2016-07-09]