Take on tomorrow
Consulting: On-demand dedicated corporate physicians
1. Client Acceptance
This is an agreement between CORPORATE HEALTHCARE MANAGEMENT SERVICES, INC. (d.b.a. CORPORATE MEDICAL ADVISORS) (“CMA") and Client (“Client” or “User”), a user of the Webcast Service (“Service”). BY USING THE SERVICE, CLIENT ACKNOWLEDGES AND AGREES TO THESE TERMS OF USE (“Terms”).
In order to access and use the Services, Client must indicate agreement with these terms and conditions by clicking 'I have read and agree to the user terms and conditions' on the account activation screen. If User is accepting these terms on behalf of a business entity, User represents that User has the authority to do so. If User does not agree to these terms and conditions, do not click 'I have read and agree to the user terms and conditions' on the account activation screen and User will not be permitted to access or use the Services.
2. The Service
These Terms apply to all Users of the Service.
Information provided by Client through the Service may be transmitted via the internet medium that CMA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party who receives the information. By using the Service, Client expressly acknowledges and agrees that CMA shall not be responsible for any damages, claims or other liability arising from or related to Client transmission of information to and from any third party.
CMA’ role in the Service is to provide a general medical information session where Client will be able to speak to a medical advisor regarding high level workplace policy initiatives.
CMA shall not be responsible or liable for:
(a) any implementation decision of the Client nor the outcome of any implementation by the Client arising from or consequent upon the provision or completion of the Services; and
(b) the actions, competency or performance of any Client or other User who receives training as part of the Services.
Information and advice provided by CMA under the Services and all referrals are not intended to constitute diagnoses or treatment or to be relied upon as a substitute for clinical advice or management by a treating physician.
The Client is solely responsible for use of, and/or any reliance on, the Service, responses to questions or the content of Deliverables (defined as including but not limited to any reports, documents, materials, or recordings set out in the Services to be provided by CMA for the Client). Client accepts that Client’s use of the Service (including any reply from CMA) does not create or imply a doctor-patient relationship of any kind.
Client, Users and/or the employee shall be solely responsible for the decision as to whether or not an employee returns to work.
CMA is not responsible for: errors or omissions which result from or arise out of information provided by Client, Users, Client’s employees, or Client’s agents.
In the event the Client elects to modify any of the Deliverables once they are received in their final form, CMA shall not be liable to the Client for any claims, liabilities or consequences of any kind arising out of, or in connection with the Client’s modification of any of the Deliverables.
3. Service Access
A. Subject to Client compliance with these Terms, CMA hereby grants Client permission to use the Service, provided that: (i) Client use of the Service as permitted is solely for Client use, and Client is not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms; (ii) Client will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without CMA’ prior written authorization; (iii) Client will not attempt to reverse engineer, alter or modify any part of the Service; (iv) Client may not use the Services in any fashion that infringes the copyright or proprietary interests therein; and (v) Client will otherwise comply with the terms and conditions of these Terms.
B. The term of the Services begins on the date that CMA transmits the webcast and ends at the close of the webcast.
C. Client must notify CMA immediately of any breach of security or unauthorized use of Client mobile phone or computer. Although CMA will not be liable for Client losses caused by any unauthorized use of Client account, Client may be liable for the losses of CMA or others due to such unauthorized use.
All reasonable efforts will be made to ensure that the Service will take place on the advertised date and time. In the event that the Service does not take place, an alternative date/time will be scheduled. CMA reserves the right to substitute speakers where events beyond its reasonable control prevent speakers from appearing on the webcast. Client accepts that there will be no right to any refund or cancellation in these circumstances.
4. Intellectual Property Rights
The design of the Service along with CMA created text, scripts, graphics, interactive features and the like, the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CMA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to Client AS IS for Client information and use only. CMA reserves all rights not expressly granted in and to the Service. Client agrees to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of videos of third parties obtained through the Service for any commercial purposes.
5. Warranty Disclaimer
CLIENT AGREES THAT CLIENT USE OF THE SERVICE SHALL BE AT CLIENT’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND CLIENT USE THEREOF. CMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CLIENT ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION HELD THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. CMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR OTHER ADVERTISING, AND CMA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CLIENT AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, CLIENT SHOULD USE CLIENT’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL CMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CLIENT’S ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION HELD THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CLIENT’S USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CLIENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR DATA PROTECTION POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CMA’ total liability to the Client shall not exceed the fees actually paid by the Client for the Services under these Terms. CMA’ total liability includes liability in contract, tort (including negligence), indemnity, breach of statutory duty, or otherwise, arising under or in connection with the Services.
7. Indemnity
Client agrees to defend, indemnify and hold harmless CMA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Client’s use of and access to the Service; (ii) Client’s violation of any term of these Terms; or (iii) Client’s violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Client’s use of the Service.
8. Termination
CMA reserves the right to suspend or terminate access to the Services of any User reasonably suspected to have breached these Terms, with or without notice and without further obligation.
9. Force Majeure
Neither party will be liable for any failure or delay in performing any obligation under the Terms that is due to a Force Majeure event. If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of this Agreement. This Section does not excuse Client’s obligation to pay for Services actually received.
10. Assignment
No party may assign or otherwise transfer these Terms without the prior written consent of the other party except that CMA may assign these Terms in whole or in part to any Affiliate. Affiliate means an entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with a party to these Terms. Control means (a) in the case of corporate entities, direct or indirect ownership of at least fifty percent (50%) of the voting stock or shares of an entity, and (b) in the case of non-corporate entities, direct or indirect ownership of at least fifty percent (50%) of the equity interest with the power to direct the management and policies of such non-corporate entities.
11. General
The terms and conditions of this Agreement, their validity, construction and performance shall be governed by and construed in all respects under the laws of Texas without regard to the laws that would otherwise apply under applicable choice-of- law principles. The parties hereby submit to the exclusive jurisdiction of the federal and state courts located in Harris County, Texas in connection with any matters arising out of the Services or these terms and conditions. These Terms, together with the data protection policy at http://www.corporatemedicaladvisors.com/wp-content/uploads/2018/06/PRIVACY-NOTICE.pdf and any other legal notices published by CMA, including, but not limited to an end user license agreement, shall constitute the entire agreement between Client and CMA concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and CMA’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. CMA reserves the right to amend or modify these Terms at any time, and it is Client’s responsibility to review these Terms for any changes. If Client do not agree to the revised Terms, Client’s only recourse is to discontinue the use of the Service. Client’s continued use of the Service following any amendment of these Terms will signify Client’s assent to and acceptance of its revised terms. CLIENT AND CMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The obligations under Clauses 2 (the Service), 3 (Service Access), 4 (Intellectual Property Rights), 5 (Warranty Disclaimer), 6 (Limitation of Liability), 7 (Indemnity), 10 (Assignment), 11 (General) will survive these Terms and Client’s use of the Service.
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AEA International Holdings, Pte. Ltd and each of its affiliates are legally separate and independent entities
