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Last updated: March 20, 2018

Welcome to CloudMedx

CloudMedx, Inc. (“CloudMedx”) is building a world class clinical AI platform that uses healthcare specific natural language processing and machine learning to generate healthcare insights to improve patient outcomes.

1. Introduction

These Terms of Use (“Terms” or “Agreement”) apply to CloudMedx’s corporate website located at: https://cloudmedxhealth.com (the “Website” or “Site”), which provides general information about CloudMedx and its products and services.
These Terms include the Cloudmedx Privacy Policy, which more fully describes how we collect, use, share and protect your personal information. By agreeing to these Terms, you are also agreeing to our Privacy Policy.


Please read these terms and conditions of use carefully. By accessing or using this web site, you agree to be bound by the terms and conditions described here and all terms incorporated by reference. If you do not agree to all of these terms, do not use this web site.

Additional Terms for Members. You must register as a Member to access certain Services offered by CloudMedx at related websites. Member Services are subject to additional Terms of Use specific to those Services (“Member Terms”). Member Terms are available at the time you register for an account. Please review those Member Terms when you register. To the extent any provisions of the Member Terms of Use contradict those in these CloudMedx Terms of Use, the Member Terms prevail.


1.1 Binding Agreement. These Terms constitute a legally binding agreement between you and CloudMedx, Inc. You accept these Terms each time you access or use the Site. We grant
you permission to use the Site subject to the restrictions in these Terms.

1.2 Modifications. We may change these Terms from time to time as our business changes, and you agree you will review the Terms and any updates regularly. Any modifications to the Terms will be posted on the Site. The Terms will indicate the date the document was last revised. Your continued use of the Site means you accept any such changes.

1.3 Who Is Eligible to Use Our Site and Services. This Website is intended to be used by adults. You may not use the Site and you may not accept this Agreement if you are not at least 18 years of age and legally authorized to form a binding contract with CloudMedx.

The Site was developed for use by residents of the United States. Personal information which is entered or collected on or through the Site is subject to the laws of the United States which might differ from those of other countries.

2. Ownership and Use of Content on CloudMedx

2.1 CloudMedx Content Ownership. The Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software, computer code and other material (“Content”} are the property of CloudMedx or its licensors and are protected under both United States and other applicable copyright, trademark and other laws.

2.2 License Granted by CloudMedx to You. Subject to your compliance with this Agreement, CloudMedx and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. All content on the Site remain the property of CloudMedx or its licensors and we do not transfer title to any portion of the Site to you. Any code or software code that CloudMedx creates, generates or displays on the Site is also protected and you may not copy or adapt such code.

This license is revocable at any time without notice and with or without cause. Unauthorized use of the Site Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original CloudMedx Content on any copy you make of the Cloudmedx Content.

2.3 CloudMedx Marks. CloudMedx, the CloudMedx logo, and other CloudMedx logos and product and service names are or may be trademarks of CloudMedx (the “CloudMedx Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the CloudMedx Marks.

Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the CloudMedx Site.

3. Copyright Policy

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Tashfeen Suleman
Address: Email: info@cloudmedxhealth.com
Phone: (650) 769-4199

Please see the Digital Millennium Copyright Act (DMCA) 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of CloudMedx’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

4. Feedback and Suggestions

We appreciate and welcome your comments and suggestions on the CloudMedx Site. You agree that CloudMedx may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or other Services, products, advertising or marketing materials. You grant CloudMedx a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to CloudMedx in any way. CloudMedx will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

5. Limitations and Prohibitions on Your Use

Your right to access and use the CloudMedx Site is personal to you and is not transferable by you to any other person or entity. You agree to use the CloudMedx Site only for its intended purposes. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws.

The following uses of the CloudMedx Site are prohibited. You may not:

a) Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, any user accounts, or the technology and equipment supporting the Site or Services;
b) Frame or link to the Site without permission;
c) Use data mining, robots, or other data gathering devices on or through the Site;
d) Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
e) Post or disclose Personal Information about another person without their consent;
f) Sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
g) Use the Content for any commercial purpose or in any manner not permitted by these
Terms;
h) Use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to CloudMedx or others;
i) Access the Site from a jurisdiction where it is illegal or unauthorized; or
j) Encourage or enable any other individual to do any of the above.

 

6. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES ON THE SITE OR PROVIDED THROUGH RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER CLOUDMEDX NOR ANY OF EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR LICENSORS (COLLECTIVELY REFERRED TO AS “RELEASED PARTIES”) MAKE ANY REPRESENTATIONS WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT ON THE SITE OR OF THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE RELEASED PARTIES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND THE RELEASED PARTIES ASSUME 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 YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE RELEASED PARITES. ACCORDINGLY, THE RELEASED PARTIES ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, INAPPROPRIATE DISCLOSURE OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE, REGARDLESS OF WHETHER THE RELEASED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

7. Limitations on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLOUDMEDX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE CLOUDMEDX WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (V) ANY OTHER MATTER RELATING TO THE CLOUDMEDX WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CLOUDMEDX WEBSITE OR YOUR USE OF CLOUDMEDX CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO BREACHES OF INTELLECTUAL PROPERTY PROVISIONS BY YOU OR YOUR INDEMNIFICATION OBLIGATIONS RELATING HEREUNDER.

 

8. Indemnification

You agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, settlement costs and expenses, including but not limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to: (i) any breach of this Agreement by you, (ii) your use or inability to use the Service, (iii) any Content submitted by you or (iv) your violation of applicable laws. CloudMedx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of CloudMedx.

 

9. Entire Agreement

These Terms including all references constitute the entire agreement between you and CloudMedx relating to the Cloudmedx Website. Should you register as a Member for certain Services offered by CloudMedx, the Member Terms and Conditions shall apply in lieu of these Terms.

 

10. Applicable Law and Venue

The laws of the State of California, with the exclusion of California’s choice-of-laws rules, apply to this Agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Santa Clara County, California. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

11. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason enenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

12. Questions and Contact Information

Questions or comments about the Site or Service may be directed to: info@cloudmedxhealth.com