CLINICAL HORIZONS, LLC
Terms and Conditions of Use
Effective Date: October 22, 2024
Thank you for visiting this Site, which is owned and operated by Clinical Horizons, LLC (hereinafter “Clinical Horizons”). These Terms and Conditions of Use (“TOU”) govern your use of this Site. Capitalized terms are defined below.
THIS TOU IS A BINDING CONTRACT, SO PLEASE READ IT CAREFULLY. YOUR USE OF THE SITE OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT CLINICAL HORIZONS MAKES FROM TIME TO TIME IN ACCORDANCE HEREWITH.
Your Acceptance of These Terms and Conditions of Use
These TOU apply to all users of this website (“Site”), whether or not you are a registered member. By using this Site, you are agreeing to comply with and be bound by these TOU. If you do not agree to these TOU, you may not access or use this Site.
Your Acceptance of Our Privacy Policy
By agreeing to these TOU, you agree to the terms of our Privacy Policy and to our Site Rules, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these TOU and our Privacy Policy, these TOU control.
Your Consent to Other Agreements
When you use a feature of this Site, you may be asked to agree to special or additional terms governing your use of the feature. In such cases, you may be asked to expressly consent to the terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these TOU, but only with respect to the matters governed by the “click-through agreement.”
Ownership of this Site and its Content
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Clinical Horizons or Clinical Horizons’ partners or affiliates and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. All rights in and to the Site and Content not expressly granted are hereby reserved by Clinical Horizons.
Trademarks
The Clinical Horizons names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Clinical Horizons and/or its affiliates (the “Clinical Horizons Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Clinical Horizons Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Clinical Horizons Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to Clinical Horizons it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us here: Martha85@outlook.com. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in accordance with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information; any interference with the availability of or access to this Site; or any unauthorized scraping of the Content on this Site is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your access to this Site.
Disclaimers
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT, OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, INCLUDING PRODUCTS OR SERVICES FROM THIRD-PARTIES. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CLINICAL HORIZONS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLINICAL HORIZONS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
CLINICAL HORIZONS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANY INDEPENDENT CONTRACTOR WHO SERVES AS A FACILITATOR OR SUPERVISOR, OTHER THAN AUTHORIZED CLINICAL HORIZONS SPOKESPERSONS. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. IN ADDITION, CLINICAL HORIZONS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES OR GOODS OFFERED BY THIRD PARTIES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF (A) TEN DOLLARS ($10.00) AND (B) THE AMOUNT YOU PAID CLINICAL HORIZONS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these TOU may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these TOU shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Links to Third-Party Websites
This Site may: (a) provide links to other websites operated by third parties, or (b) allow you to interact with third party businesses. Because we have no control over third-party websites or businesses, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any services, products, content, advertising, services, products, or other materials on or available from such third parties, including their websites. Clinical Horizons does not endorse any third-party business or website, and in no event shall Clinical Horizons be responsible or liable for any products or services of such third parties. Clinical Horizons shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such third parties or their websites. These TOU do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Modification, Discontinuation, and Termination
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
You also agree that Clinical Horizons, in its sole discretion, may terminate your use of this Site for any reason, including, without limitation, for lack of use or if Clinical Horizons believes that you have violated or acted inconsistently with the letter or spirit of these TOU. You agree that any termination of your access to this Site under any provision of these TOU may be effected without prior notice, and acknowledge and agree that Clinical Horizons may immediately deactivate or delete your account and all related information in your account and/or bar any further access to this Site. Further, you agree that Clinical Horizons shall not be liable to you or any third-party for any termination of your access to this Site.
Waiver
Our failure at any time to require performance of any provision of these TOU or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Clinical Horizons of any breach of any provision of these TOU or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these TOU.
Severability
If any provision of these TOU is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these TOU will remain in full force and effect.
Governing Law, Jurisdiction and Venue
These TOU will be governed under the laws of the State of Georgia without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these TOU will be venued exclusively in state or federal court in Gwinnett County, Georgia. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these TOU is taking place or originating.
Indemnity
You agree to indemnify and hold Clinical Horizons, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these TOU and/or arising from a breach of these TOU and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
These TOU May Change
These TOU are current as of the effective date set forth above. Clinical Horizons reserves the right to change these TOU from time to time consistent with applicable laws. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised TOU constitutes your agreement to be bound by the revised TOU. If at any time you choose not to accept these TOU, you should not use this Site.
Entire Agreement
These TOU (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Clinical Horizons with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Clinical Horizons with respect to this Site and your use of this Site.
Definitions
The terms “Clinical Horizons,” “we,” “us,” and “our” refer to Clinical Horizons, LLC.
The term “Content” refers to (a) all of the software and code comprising or used to operate this Site, and (b) all of the text, content, data, analysis, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to the website located at https://owningitandlivingit.com/ and the features, services, programs, Tools, and content delivered or made available through or associated with the website.
Questions
If you have any questions about this Site or these TOU, please contact us using the following information:
Lot 12 Real Estate Collective, LLC.
1566 Donald lee Hollowell Pkwy | Suite 104
Atlanta, GA, 30318
hello@owningitandlivingit.com