Thank you for visiting.
The Cleveland Clinic Foundation (“Cleveland Clinic” or “we” or “our” or “us”) operates a community service, which includes this website and related e-mail messages and their content (the “Service”), that allows you and other authorized users who have been invited by Cleveland Clinic to use the Service (“Member” or “you” or “your” and collectively, the “Members”) to communicate with Cleveland Clinic and each other about Cleveland Clinic’s healthcare services.
The Service is offered to you and conditioned upon your acceptance of these terms and conditions of participation (the “Agreement”), and Cleveland Clinic’s privacy policy available at https://my.clevelandclinic.org/about/website/privacy-security, incorporated herein by reference. The Agreement constitutes a binding legal agreement between you and Cleveland Clinic governing your access to and use of the Service, which includes without limitation any software used in connection with or otherwise related to the Service (the “Software”). Please note that if you accept these terms, any of your personally identifiable information you submit may be: (i) directed to a third party site administered and hosted by a third party vendor retained by Cleveland Clinic, and (ii) subject to any applicable privacy policy of such a third party vendor; provided, however, that in such event the third party vendor will have no right to use any such information other than uses necessary to fulfill its obligations to Cleveland Clinic.
By accessing, browsing and/or using webpages or other digital content in this site, you accept, without limitation or qualification, the following Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THIS SERVICE.
I. Collection of Information
We may collect certain personally identifiable information when you use the Service. When you register to become a Member or otherwise use the Service, we may collect some or all of the following types of information:
We may use the information we collect online to:
We may change or revise this Agreement from time to time. Please visit the terms and conditions area each time you visit the Service to keep up to date with the current terms regarding your participation in this community. Your use of the Service reaffirms your continuing agreement to the then-current Agreement. Any future changes to these Agreement will be posted on the Service.
IV. License; General Prohibitions Regarding Use of the Service
Cleveland Clinic hereby grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive right and license to access and use the Service and the Software on a single computer solely to participate in the online community referenced herein. Your right to use the Service and the Software is personal (i.e., for you only).
Cleveland Clinic reserves the right, at any time, in its sole and absolute discretion, to modify, suspend, terminate, or otherwise discontinue, temporarily or permanently, the Service (or any part thereof) by providing you with notice thereof. Cleveland Clinic reserves the right to cancel, suspend, terminate, or refuse access to the Service to anyone at any time in its sole and absolute discretion. You may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined below) contained therein. You further acknowledge and agree that unauthorized use of the Service may violate copyright, trademark, privacy, publicity, and communications laws.
You hereby release Cleveland Clinic and/or its affiliates or third party vendors or licensors from any and all liability that may arise in connection with your use of the Service.
V. Membership; Account
To become a Member of the Service, you may be required to provide specific Registration Data. Cleveland Clinic will use your e-mail address to send you notices and reminders of upcoming activities and sessions on the Service, among other things, except to the extent applicable law requires opt-in consent prior to sending communications. If you do not wish to receive e-mail correspondence, you need to log into the Service and change your e-mail options on the “Preferences” page in the “My Profile” section, or click on the “unsubscribe” link in any email we send you. As part of the registration process, you will select a user name and password for your account (“Account”). You may not: (a) select or use a user name of another person with the intent to, or in a way that may reasonably be interpreted as an attempt to, impersonate that person; (b) use a user name that is subject to the rights (including any intellectual property or other personal rights of any kind) of any other person or entity without such person’s or entity’s prior written authorization; or (c) use a user name that Cleveland Clinic, in its sole discretion, deems inappropriate, illegal, violative of any third party rights, and/or offensive or troublesome in any way. You agree to: (x) provide true, accurate, current, and complete information Registration Data; and (y) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. You will maintain a valid email address with Cleveland Clinic at all times.
You are solely responsible for maintaining the confidentiality of your user name, password, Registration Data, and Account, as well as for any and all uses of any of the foregoing by you and/or any people using the Service under your user name and password (with or without your knowledge or permission). Your user name and password are for your use only. You may not disclose your password to any other person. You agree to immediately notify Cleveland Clinic in writing of any known or suspected unauthorized use and/or any other breach of security or unauthorized use of the Service of any kind. Cleveland Clinic will not be liable for any loss or damage arising from any unauthorized use of your user name, password, Registration Data, and/or Account. Cleveland Clinic is not obligated to identify or authenticate any “Member” who accesses the Service. Cleveland Clinic is not responsible for identity theft and/or any other misuse of your Registration Data or Account in general.
All information, data, text, software, music, sound, images, graphics, video, messages, questions, responses, and/or any other materials of any kind or nature (individually and collectively, “Content”) posted by Members on the Service (individually and collectively, “Member Content”) shall be the sole responsibility of the Member from whom such Member Content originated.
Your membership in and access to the Service is strictly at the discretion of Cleveland Clinic and/or its affiliates or licensors and may be revoked at any time without cause and without notice.
VI. Code of Conduct
You agree not to upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using the Service, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Service or are libelous, defamatory or offensive. You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of Cleveland Clinic and/or its affiliates.
You also agree to abide by these rules of conduct:
The Service contains information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, and other materials (collectively, “Service Content”) provided by Cleveland Clinic and/or its licensors and other third parties (collectively, “Content Suppliers”). Subject to applicable law, Cleveland Clinic is not responsible or liable, directly or indirectly, in any way for any Service Content and/or for any damage, injury, claim, cost, destruction, or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Service Content. Subject to applicable law, Cleveland Clinic hereby disclaims any warranty, express or implied, in connection with any such Service Content. Cleveland Clinic may, but is under no obligation to, pre-screen Service Content.
As between Cleveland Clinic and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Cleveland Clinic and/or its licensors.
As between Cleveland Clinic and you, Cleveland Clinic will solely own all Registration Data and Member Content posted or provided by you on the Service and you hereby assign to Cleveland Clinic such Registration Data and Member Content at the time of posting or providing such information on the Service. To the extent that any Registration Data or Member Content is not assignable to Cleveland Clinic, you hereby grant, and represent and warrant that you have the right to grant to Cleveland Clinic, a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use, host, reproduce, translate, distribute, modify, perform, publish, create derivative works from, and/or publicly display all Registration Data and Member Content posted or provided by you on or through the Service, in whole or in part, for any purpose, in or on any and all media now known or hereafter devised, and alone or together with or as part of other information, content and material of any kind or nature. You irrevocably assign to Cleveland Clinic and/or its affiliates all rights in any ideas or expressions of ideas that you provide to the Service. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Cleveland Clinic and/or its affiliates through the Service will become and remain the exclusive property of Cleveland Clinic and/or its affiliates, including any future rights associated with such submissions, even if this Agreement is later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Cleveland Clinic and/or its affiliates unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personal information, Cleveland Clinic and/or its affiliates have no obligation to keep your submissions confidential.
You further release and waive all claims against Cleveland Clinic and/or its affiliates with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.
IX. Links to Third Party Sites
The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Cleveland Clinic or its licensors or any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any of their goods or services.
X. Warranty
Cleveland Clinic and/or its affiliates do not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the Service, and reserves the right to remove any content from the Service that it deems inappropriate.
Subject to applicable law, your use of the Service is at your sole risk. The Service is provided to you on an “as is” basis. Cleveland Clinic and/or its affiliates endeavor to maintain this Service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Service or its operation. As to the operation of the Service, Cleveland Clinic and/or its affiliates expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Cleveland Clinic and/or its affiliates makes no warranty that (i) the operation of the Service will meet the user's requirements; (ii) access to the Service will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; or (iv) defects will be corrected. You (and not Cleveland Clinic and/or its affiliates) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Service.
XI. Limitation of Liability
Under no circumstances shall Cleveland Clinic and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Service, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Service. Cleveland Clinic and/or its affiliates shall not be liable even if Cleveland Clinic and/or its affiliates or a Cleveland Clinic authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to defend, indemnify and hold Cleveland Clinic and/or its affiliates, third party vendors, or licensors harmless from any claim or demand made by any third party against Cleveland Clinic due or arising out of your participation in the Service and/or any breach by you of the provisions of this Agreement.
XII. Choice of Law; Venue; Waiver of Class-Action
This Agreement and any disputes arising under or related to them (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Ohio, without reference to its conflicts of law principles. You agree to submit to jurisdiction in Ohio and further agree that any cause of action arising under this Agreement may be brought in a court in Cuyahoga County, Ohio and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these terms and conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these terms and conditions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. EACH PARTY HEREBY EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE OR JOIN A CLASS ACTION OR SIMILAR SUCH (I.E., NON-INDIVIDUALIZED) CLAIM AGAINST THE OTHER PARTY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. EACH PARTY HEREBY ACKNOWLEDGES THAT THIS SECTION SERVED AS A MATERIAL INDUCEMENT TO IT WHEN ENTERING INTO THIS AGREEMENT.
XIII. Injunctive Relief
You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, the exploitation of the Service or any Content displayed on the Service, and/or the exploitation of any Incentive or other rights granted to Cleveland Clinic (and/or any of its affiliates or third party vendors) hereunder.
XIV. Third Party Beneficiary
Fuel Cycle is an intended third party beneficiary of this Agreement.
XV. Conflicts between Agreement and Other Terms
Except with respect to any official rules for an Incentive, if any provision contained in this Agreement conflicts with any provision in any other terms available on the Service (including without limitation any terms of use or terms of service), the provision contained in this Agreement governs.
XVI. General
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches Cleveland Clinic’s intent as expressed in the original provision and the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Cleveland Clinic may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement (in whole or in part), by operation of law or otherwise, without the prior written approval of Cleveland Clinic in each instance, and any such attempted assignment will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. The failure of Cleveland Clinic to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement (including whatever documents the Cleveland Clinic has specifically referenced herein as applicable) sets forth the entire understanding and agreement between Cleveland Clinic and you with respect to the Service made available in collaboration with Fuel Cycle, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cleveland Clinic with respect to the Service made available in collaboration with Fuel Cycle. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties, or to impose any partnership obligation or liability upon any party. Neither party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of the other party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
The Cleveland Clinic Foundation (“Cleveland Clinic” or “we” or “our” or “us”) operates a community service, which includes this website and related e-mail messages and their content (the “Service”), that allows you and other authorized users who have been invited by Cleveland Clinic to use the Service (“Member” or “you” or “your” and collectively, the “Members”) to communicate with Cleveland Clinic and each other about Cleveland Clinic’s healthcare services.
The Service is offered to you and conditioned upon your acceptance of these terms and conditions of participation (the “Agreement”), and Cleveland Clinic’s privacy policy available at https://my.clevelandclinic.org/about/website/privacy-security, incorporated herein by reference. The Agreement constitutes a binding legal agreement between you and Cleveland Clinic governing your access to and use of the Service, which includes without limitation any software used in connection with or otherwise related to the Service (the “Software”). Please note that if you accept these terms, any of your personally identifiable information you submit may be: (i) directed to a third party site administered and hosted by a third party vendor retained by Cleveland Clinic, and (ii) subject to any applicable privacy policy of such a third party vendor; provided, however, that in such event the third party vendor will have no right to use any such information other than uses necessary to fulfill its obligations to Cleveland Clinic.
By accessing, browsing and/or using webpages or other digital content in this site, you accept, without limitation or qualification, the following Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THIS SERVICE.
I. Collection of Information
We may collect certain personally identifiable information when you use the Service. When you register to become a Member or otherwise use the Service, we may collect some or all of the following types of information:
- Registration information, such as your full name, email address, phone number and address (collectively, “Registration Data”)
- Username and password
- Personal preferences
- Any other information you provide to us
We may use the information we collect online to:
- Provide and improve the Service;
- Contact you;
- Fulfill your requests for services and information;
- Send you information about additional clinical services or general wellness from us or on behalf of our affiliates;
- Analyze the use of the Service and user data to understand and improve the Service;
- Prevent potentially prohibited or illegal activities and otherwise in accordance with this Agreement; and
- For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may change or revise this Agreement from time to time. Please visit the terms and conditions area each time you visit the Service to keep up to date with the current terms regarding your participation in this community. Your use of the Service reaffirms your continuing agreement to the then-current Agreement. Any future changes to these Agreement will be posted on the Service.
IV. License; General Prohibitions Regarding Use of the Service
Cleveland Clinic hereby grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive right and license to access and use the Service and the Software on a single computer solely to participate in the online community referenced herein. Your right to use the Service and the Software is personal (i.e., for you only).
Cleveland Clinic reserves the right, at any time, in its sole and absolute discretion, to modify, suspend, terminate, or otherwise discontinue, temporarily or permanently, the Service (or any part thereof) by providing you with notice thereof. Cleveland Clinic reserves the right to cancel, suspend, terminate, or refuse access to the Service to anyone at any time in its sole and absolute discretion. You may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined below) contained therein. You further acknowledge and agree that unauthorized use of the Service may violate copyright, trademark, privacy, publicity, and communications laws.
You hereby release Cleveland Clinic and/or its affiliates or third party vendors or licensors from any and all liability that may arise in connection with your use of the Service.
V. Membership; Account
To become a Member of the Service, you may be required to provide specific Registration Data. Cleveland Clinic will use your e-mail address to send you notices and reminders of upcoming activities and sessions on the Service, among other things, except to the extent applicable law requires opt-in consent prior to sending communications. If you do not wish to receive e-mail correspondence, you need to log into the Service and change your e-mail options on the “Preferences” page in the “My Profile” section, or click on the “unsubscribe” link in any email we send you. As part of the registration process, you will select a user name and password for your account (“Account”). You may not: (a) select or use a user name of another person with the intent to, or in a way that may reasonably be interpreted as an attempt to, impersonate that person; (b) use a user name that is subject to the rights (including any intellectual property or other personal rights of any kind) of any other person or entity without such person’s or entity’s prior written authorization; or (c) use a user name that Cleveland Clinic, in its sole discretion, deems inappropriate, illegal, violative of any third party rights, and/or offensive or troublesome in any way. You agree to: (x) provide true, accurate, current, and complete information Registration Data; and (y) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. You will maintain a valid email address with Cleveland Clinic at all times.
You are solely responsible for maintaining the confidentiality of your user name, password, Registration Data, and Account, as well as for any and all uses of any of the foregoing by you and/or any people using the Service under your user name and password (with or without your knowledge or permission). Your user name and password are for your use only. You may not disclose your password to any other person. You agree to immediately notify Cleveland Clinic in writing of any known or suspected unauthorized use and/or any other breach of security or unauthorized use of the Service of any kind. Cleveland Clinic will not be liable for any loss or damage arising from any unauthorized use of your user name, password, Registration Data, and/or Account. Cleveland Clinic is not obligated to identify or authenticate any “Member” who accesses the Service. Cleveland Clinic is not responsible for identity theft and/or any other misuse of your Registration Data or Account in general.
All information, data, text, software, music, sound, images, graphics, video, messages, questions, responses, and/or any other materials of any kind or nature (individually and collectively, “Content”) posted by Members on the Service (individually and collectively, “Member Content”) shall be the sole responsibility of the Member from whom such Member Content originated.
Your membership in and access to the Service is strictly at the discretion of Cleveland Clinic and/or its affiliates or licensors and may be revoked at any time without cause and without notice.
VI. Code of Conduct
You agree not to upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using the Service, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Service or are libelous, defamatory or offensive. You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of Cleveland Clinic and/or its affiliates.
You also agree to abide by these rules of conduct:
- Members must be 18 years of age or older.
- Unless specifically told otherwise, you must keep confidential all information that Cleveland Clinic and/or its affiliates, other Members, and you share with the Service.
- You agree not to copy, modify, distribute, download, display, post, or transmit the Service in any form.
- You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the Service.
- You agree not use the Service to solicit or advertise any commercial activity.
- You agree not to use behavior that does not support a safe and comfortable environment for all members, including but not limited to posting or transmitting any threatening, defamatory, sexually graphic, inflammatory, profane, material, any material that violates the rights of a third party, or any other inappropriate material.
- You agree not take any action that imposes an unreasonable or disproportionately large load on the website or otherwise interferes with the Service.
- You agree to receive regular emails from the Service which will inform you of new activities such as discussion topics and surveys that are available on the site.
- Although Cleveland Clinic may monitor postings and transmissions, it is not obligated to do so and will not be liable for their content. Cleveland Clinic reserves the right to edit or remove any post or transmission for any reason, including that, in its judgment, it is inappropriate.
- You understand that no personal information that you post on this site will be sold, traded, shared with other organizations, or used for any purpose other than consumer research.
- You understand that Cleveland Clinic and/or its affiliates do not endorse the information posted in the Service.
- Cleveland Clinic may, from time to time, offer incentives to participate in certain aspects of the Service (each an “Incentive”). Incentives are administered by Fuel Cycle, Inc. (“Fuel Cycle”) on Cleveland Clinic’s behalf.
- Incentives are associated with Service participation and do not constituent any encouragement (implicit or explicit) to purchase Cleveland Clinic products and services.
- You are responsible for any taxes, state, federal and/or local, associated with the incentives you earn for participating in the Service. You agree, upon request, to provide Cleveland Clinic with any information Cleveland Clinic requires to meet its obligations in respect of tax reporting.
- Once issued to you, Cleveland Clinic is not responsible for lost, stolen or damaged incentives.
- Cleveland Clinic reserves the right, at any time and without advance notice, to suspend or cancel the incentives program.
- Notwithstanding the foregoing, during any calendar year, no Member shall be awarded an Incentive or given other items of value, which, solely or in the aggregate, as the case may be, have an approximate retail value of greater than $599.99 from Cleveland Clinic or any of its affiliates, third party vendors or licensors (including, without limitation, Fuel Cycle).
The Service contains information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, and other materials (collectively, “Service Content”) provided by Cleveland Clinic and/or its licensors and other third parties (collectively, “Content Suppliers”). Subject to applicable law, Cleveland Clinic is not responsible or liable, directly or indirectly, in any way for any Service Content and/or for any damage, injury, claim, cost, destruction, or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Service Content. Subject to applicable law, Cleveland Clinic hereby disclaims any warranty, express or implied, in connection with any such Service Content. Cleveland Clinic may, but is under no obligation to, pre-screen Service Content.
As between Cleveland Clinic and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Cleveland Clinic and/or its licensors.
As between Cleveland Clinic and you, Cleveland Clinic will solely own all Registration Data and Member Content posted or provided by you on the Service and you hereby assign to Cleveland Clinic such Registration Data and Member Content at the time of posting or providing such information on the Service. To the extent that any Registration Data or Member Content is not assignable to Cleveland Clinic, you hereby grant, and represent and warrant that you have the right to grant to Cleveland Clinic, a worldwide, irrevocable, sublicensable, transferable, exclusive, royalty-free, and perpetual right and license to use, host, reproduce, translate, distribute, modify, perform, publish, create derivative works from, and/or publicly display all Registration Data and Member Content posted or provided by you on or through the Service, in whole or in part, for any purpose, in or on any and all media now known or hereafter devised, and alone or together with or as part of other information, content and material of any kind or nature. You irrevocably assign to Cleveland Clinic and/or its affiliates all rights in any ideas or expressions of ideas that you provide to the Service. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Cleveland Clinic and/or its affiliates through the Service will become and remain the exclusive property of Cleveland Clinic and/or its affiliates, including any future rights associated with such submissions, even if this Agreement is later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Cleveland Clinic and/or its affiliates unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personal information, Cleveland Clinic and/or its affiliates have no obligation to keep your submissions confidential.
You further release and waive all claims against Cleveland Clinic and/or its affiliates with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.
IX. Links to Third Party Sites
The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Cleveland Clinic or its licensors or any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any of their goods or services.
X. Warranty
Cleveland Clinic and/or its affiliates do not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the Service, and reserves the right to remove any content from the Service that it deems inappropriate.
Subject to applicable law, your use of the Service is at your sole risk. The Service is provided to you on an “as is” basis. Cleveland Clinic and/or its affiliates endeavor to maintain this Service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Service or its operation. As to the operation of the Service, Cleveland Clinic and/or its affiliates expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Cleveland Clinic and/or its affiliates makes no warranty that (i) the operation of the Service will meet the user's requirements; (ii) access to the Service will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; or (iv) defects will be corrected. You (and not Cleveland Clinic and/or its affiliates) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Service.
XI. Limitation of Liability
Under no circumstances shall Cleveland Clinic and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Service, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Service. Cleveland Clinic and/or its affiliates shall not be liable even if Cleveland Clinic and/or its affiliates or a Cleveland Clinic authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to defend, indemnify and hold Cleveland Clinic and/or its affiliates, third party vendors, or licensors harmless from any claim or demand made by any third party against Cleveland Clinic due or arising out of your participation in the Service and/or any breach by you of the provisions of this Agreement.
XII. Choice of Law; Venue; Waiver of Class-Action
This Agreement and any disputes arising under or related to them (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Ohio, without reference to its conflicts of law principles. You agree to submit to jurisdiction in Ohio and further agree that any cause of action arising under this Agreement may be brought in a court in Cuyahoga County, Ohio and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these terms and conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these terms and conditions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. EACH PARTY HEREBY EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE OR JOIN A CLASS ACTION OR SIMILAR SUCH (I.E., NON-INDIVIDUALIZED) CLAIM AGAINST THE OTHER PARTY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. EACH PARTY HEREBY ACKNOWLEDGES THAT THIS SECTION SERVED AS A MATERIAL INDUCEMENT TO IT WHEN ENTERING INTO THIS AGREEMENT.
XIII. Injunctive Relief
You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, the exploitation of the Service or any Content displayed on the Service, and/or the exploitation of any Incentive or other rights granted to Cleveland Clinic (and/or any of its affiliates or third party vendors) hereunder.
XIV. Third Party Beneficiary
Fuel Cycle is an intended third party beneficiary of this Agreement.
XV. Conflicts between Agreement and Other Terms
Except with respect to any official rules for an Incentive, if any provision contained in this Agreement conflicts with any provision in any other terms available on the Service (including without limitation any terms of use or terms of service), the provision contained in this Agreement governs.
XVI. General
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches Cleveland Clinic’s intent as expressed in the original provision and the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Cleveland Clinic may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement (in whole or in part), by operation of law or otherwise, without the prior written approval of Cleveland Clinic in each instance, and any such attempted assignment will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. The failure of Cleveland Clinic to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement (including whatever documents the Cleveland Clinic has specifically referenced herein as applicable) sets forth the entire understanding and agreement between Cleveland Clinic and you with respect to the Service made available in collaboration with Fuel Cycle, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cleveland Clinic with respect to the Service made available in collaboration with Fuel Cycle. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties, or to impose any partnership obligation or liability upon any party. Neither party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of the other party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.