CLINICALHQ MEMBER AGREEMENT
These Terms and Conditions govern sales made on any ClinicalHQ website. You agree to be bound by these Terms and Conditions by clicking on the “I Agree” button on the checkout page. We reserve the right to amend these Terms and Conditions at any time by posting amended terms and conditions on our website with a revised effective date.
The terms “ClinicalHQ”, “us”, “'we” and “our” refers to ClinicalHQ Inc. a Texas corporation. Our contact details are listed on the website page "Contact". The term 'you' refers to the purchaser of the product or user or viewer of the online ordering features of our website.
ClinicalHQ services include, but are not limited to: (i) access to the online portal, (ii) access to any educational material created and supplied by ClinicalHQ, (iii) access to any resources or files created and supplied by ClinicalHQ, and (iv) access to any reports or data associated with the use of the ClinicalHQ websites (collectively, the "Services").
Prices listed are for immediate ordering only and are subject to change. Prices do not include shipping, which will be charged separately if applicable. Prices do not include domestic sales and use taxes. We will separately list and charge sales tax where applicable. You will be responsible for paying any use taxes that may be applicable to a purchase.
Refunds are not available for any individual purchases of any Services. For corporate clients, please refer to your specific Agreement.
Courses are typically available immediately after you order them. Physical products may have longer delivery times (usually noted on the product description page). We will email you if your delivery may take more than seven (7) business days.
We accept American Express, MasterCard, and Visa for online orders.
Shipping, Title, Risk of Loss and Insurance
We will choose, and deliver your order to, a shipping company, which will be deemed your agent. All shipments are made “FOB Origin”, meaning the sale is final, our delivery to you is deemed complete, and risk of loss or damage transfers to you, upon our delivery of your order to the shipping company. If your order is lost or damaged in shipment, you will have to make the claim against the shipping company. We do not insure your shipment.
No Delivery to Specified Persons or Entities or Countries:
A variety of laws prohibit or restrict our ability to deliver products to certain specified persons, entities or countries. Except as authorized by law, you agree not to export or re-export products to any country, or to any person, entity, or end user subject to U.S. export controls, including without limitation countries subject to U.S. embargoes or trade sanctions and persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals.
All physical products are warranted to be free from defects in materials and workmanship for one (1) year. The warranty period for the repaired or replaced product will not exceed the original warranty period. You must contact us to obtain a return material authorization (“RMA”) number prior to returning your product for warranty repairs; packages received without an RMA clearly listed on the outside of the package will be rejected. The warranty does not apply to any online courses.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR CONTINGENT DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SALE, INCLUDING FOR ANY LIABILITY ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT. ALL SALES ARE FINAL, NO RETURNS WILL BE ACCEPTED OTHER THAN AS PROVIDED IN THESE WARRANTY PROVISIONS.
You acknowledge that any software programs included in the products (the “Software”) are licensed to you and that title to the Software (or any copies thereof) is not transferred to you. As used herein, the term “sale” or “sold” in connection with the Software means sale of a license to use the Software.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without reference to its conflicts of law provisions. Any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, U.S.A., and you hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or interpretation of these Terms and Conditions or any section thereof. If any term, provision, covenant or condition of these Terms and Conditions is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Effective October 1, 2019