CHDI is willing to provide the Services and Content to you only on the condition that you first accept these Supplemental Terms. By logging into, registering for, or using any Service or viewing any Content, or by accepting these Supplemental Terms through an “I Accept” checkbox or similar method, you agree to these Supplemental Terms and you represent that you have the authority and capacity to enter into these Supplemental Terms.
These Supplemental Terms form a legally binding agreement between you and CHDI. Please read these Supplemental Terms carefully and, if you wish, print or save a copy for your records. IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THESE SUPPLEMENTAL TERMS, DO NOT LOG INTO AND/OR USE OR VIEW ANY CHDI SERVICES OR CONTENT.
IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE READ THESE TERMS WITH YOUR PARENT OR GUARDIAN AND ASK QUESTIONS IF YOU DON’T UNDERSTAND. Your parent or guardian must enter into these Supplemental Terms on your behalf.
If you are accepting these Supplemental Terms on behalf of an organization or entity, you represent that you are duly authorized to bind that organization or entity to these Supplemental Terms. If you are accepting these Supplemental Terms on behalf of an educational institution, as such a term is defined under the Family Educational Rights and Privacy Act (“FERPA”), you agree that both parties will comply with FERPA to the extent that it is applicable to the Services and/or Content.
Use of the Services and Content are solely at your own risk. The Services and Content are provided on an “as is” and “as available” basis. CHDI expressly disclaims all warranties of any kind with respect to the Services and Content, whether expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
CHDI makes no warranty that (a) the Services or any of its Content will meet your requirements or needs; (b) the Services or any of its Content will be uninterrupted, timely, secure, current, accurate, complete, or error-free; or (c) the results that may be obtained by use of the Services and/or any of its Content will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy for any defect in or dissatisfaction with the Services or any of its Content is to stop using the Services and/or viewing the Content.
Suggestions and advice that may be received via the Services or Content are informational only, do not constitute medical, legal, or other professional advice, and should not be relied upon for personal, medical, or legal decisions. You should consult an appropriate professional for specific advice tailored to your situation.
You have full responsibility for the care and well-being of yourself and of those you serve, including patients, clients, research subjects, trainees, dependents, and any other group, and any reliance on the Services shall not diminish that responsibility. You are responsible for establishing such procedures as you deem appropriate in your professional judgment to verify the accuracy of Content or the Services and to provide backup procedures for any loss of the Services. You acknowledge and agree that by providing the Services and/or Content, CHDI is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in these Terms.
You expressly release, discharge, waive, and covenant not to sue CHDI, its officers, agents, directors, and/or employees for any liability, claim, damage, or loss of any nature arising out of or relating to the Services and/or Content. Further, you expressly understand and agree that CHDI shall not be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, cover, or exemplary damages, or any loss of profits, goodwill, use, data loss, or other losses (even if CHDI has been advised of the possibility of such damages) resulting from or related to your use of the Services or Content. Without limiting the foregoing, CHDI’s total liability will at all times be limited to the fees you have paid to CHDI or 3C (whichever is higher) for the Services at issue during the prior three (3) months. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree that CHDI is in no way responsible or liable for any grade or assessment you may receive through or otherwise related to any Services.
You agree to defend, indemnify, and hold CHDI, its subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any third party claim, action, or demand (“Claim”) and all damages, losses, liabilities, and settlements related thereto, including without limitation reasonable legal and accounting fees resulting from or relating to, or alleged to result from or relate to, your use of the Services and/or the Content, or your breach of these Terms. CHDI shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
CHDI may change these Terms from time to time. You understand and agree that your use of the Services after the date on which these Terms have changed constitutes acceptance of the updated Terms.