Terms of Service
ACADEMIC AND ALLIED HEALTH CONSULTING TERMS AND CONDITIONS OF SERVICE
Last updated: September 2017
These Terms and Conditions of Service (these “Terms” or this “Agreement”), govern the relationship between Academic and Allied Health Consulting, PLLC, (referred to herein as “AAHC”, “we”, “us” or “our”) and you (“User”, “you” or “your”) accessing or otherwise making use of our Site or our Service (defined below). These Terms constitute a legally binding agreement between you and AAHC. Accordingly, we advise you to read these Terms carefully before accessing or otherwise making use of the Site or Service.
IF YOU ARE UNABLE OR UNWILLING TO AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH BELOW THEN YOU MUST NOT ACCEPT THIS AGREEMENT OR OTHERWISE ACCESS OR MAKE USE OR CONTINUE TO ACCESS OR MAKE USE OF THE SITE OR SERVICE.
1. Introduction. AAHC is a technology service provider. Our online platform (i) allows the advertising and promoting of services in the field of speech-language pathology and audiology; peer-to-peer referrals and physician referrals in the field of speech-language pathology and audiology; business networking in the field of speech-language pathology and audiology; providing an online and mobile referral networking platform for speech-language pathologists and audiologists; providing an online database of employment opportunities for speech-language pathologists and audiologists; membership services in the field of speech-language pathology and audiology; providing continuing education in the field of speech-language pathology and audiology; and (ii) provides certain tools including, but not limited to, messaging, marketing, advertising, promotion of speech-language pathology and audiology services, in addition to other features that support the provision of the above professional services ((i) and (ii) together, the “Service”). Use of the Service is subject to the following disclaimers:
(a) Neither AAHC, our Site, nor our Service independently recommends, provides, endorses, warrants or approves any particular treatment provider, or the professional medical services, treatments, therapy practices, or medications offered or prescribed by any particular treatment provider.
(b) AAHC does not endorse any treatment provider, and does not certify or guarantee that a treatment provider’s profile, credentials and licensure are sufficient to meet your needs, or valid and in good standing in the State where the treatment provider is located and/ or providing services. It is your responsibility to confirm and verify the name and contact details of the treatment provider, the treatment provider’s competency, that the treatment provider’s licensure is valid, and that the treatment provider is not subject to any other licensure or practice restrictions (such as the treatment provider providing advice and services to a patient in another State).
2. Treatment Provider Profiles. As part of the Service, AAHC provides profile pages for treatment providers which allow treatment providers to include information about themselves, their background, their experience, their practice areas and their treatment methods. Treatment providers are solely and exclusively responsible for any Content or information displayed on or published to their respective profiles, and AAHC expressly disclaims any and all liability for the Content of the treatment provider profiles, including, without limitation, the accuracy or reliability of any information contained therein.
3. Medical Advice. Neither User nor treatment providers should request, send or receive any information related to professional medical or healthcare services through any portion of the Service. AAHC does not provide medical advice, and any information contained on the Site is not and should not be considered medical advice. AAHC makes and you receive no representation or warranty with respect to any professional medical services, advice, treatment, or recommendations rendered by a treatment provider or any medication or treatment prescribed by a treatment provider, and AAHC does not endorse or advocate any professional medical services so rendered or any medication or treatment method so prescribed.
4. Acceptance of this Agreement; Restrictions on Acceptance.
(b) Restrictions on Acceptance. When you access or otherwise make use of the Site or the Service you acknowledge and agree that:
- if you are accepting this Agreement on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity;
- you have read and understood all of the provisions, terms and conditions set forth in this Agreement;
- you will be bound by all of the provisions, terms and conditions set forth in this Agreement;
- except as otherwise provided in Section 13 hereof, you are at least eighteen (18) years of age;
- you have the right, authority and capacity to enter into this Agreement and to abide by all terms and conditions of this Agreement;
- you have not previously used the Service through an Account which AAHC has terminated or suspended in accordance with the terms and conditions of this Agreement;
- you have a valid email address; and
- this Agreement is the legal equivalent of a signed, written contract between you and AAHC.
5. Definitions. Unless context requires otherwise, capitalized terms not defined within the Agreement shall have the following meanings:
- “Account” means your user account, which you must register for through the Site in order to make use of the Service.
- “Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
- “Applicable Law” means any and all applicable federal, state and local laws, statutes, ordinances, regulations, rules, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof which are now in effect or which may come in to effect at any time during the Term (as defined below).
- “Application” refers to AAHC’s interactive software platform, which allows Users to access and use the Services and which may be accessed by a User online through the Internet at our Site.
- “Information” means information that you input into the Site or that you may otherwise provide in connection with your use of the Service. Such Information may be unique to you and may include your name, your date of birth, your social security number, your tax identification number (if applicable), your home or other physical address, your email address, your telephone number, payment card information, your company website, professional licensure information, ASHA member number, state license number, practice description, and other information that identifies you as further described in Section 9.
- “User Information” means the Information that you provide to us in order to register your Account and make use of the Site or the Service, as further described in Section 9.
6. Interpretation. The singular includes the plural, and the plural includes the singular. All references to “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms “include” and “including” are not limiting.
7. Amendments. AAHC reserves the right to change, modify, supplement, or update this Agreement (each such change, modification or supplement, an “Amendment”), from time to time without advance notice by posting such Amendment on the Site. We encourage you to periodically visit this Agreement to check for any Amendments. In the event that an Amendment to this Agreement materially modifies your rights or obligations we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the website or sending notices to you at your email address. You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the Site or Service after such Amendment is posted. Unless otherwise indicated, any new Service added to the Site will also be subject to this Agreement effective upon the date of any such addition. You are encouraged to review the Site and this Agreement periodically for updates and changes. The most current version of this Agreement will be effective as of the date specified in the “Last Updated” legend set forth above.
9. Eligibility Requirements to Access treatment provider Portions of the Site. You agree to promptly pay all fees and charges for your Service, and you authorize us to automatically deduct all applicable charges and fees from the payment account(s) that you designate in your AAHC User Profile. Any “linked” payment processing accounts with third parties (such as Stripe) will appear in your user profile on the Site, and you may be able to view certain summary information for all such linked payment accounts. You agree to be responsible for any Internet service fees you incur in accessing your Account(s) through the Service. You agree to provide a current, up-to-date email address to us at all times in order to access the Site.
When you register, you must choose a user name and a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. AAHC is not responsible for any unauthorized access to your Account. You must notify us immediately if you know or suspect that there has been any unauthorized use of your password or any unauthorized access to your Account. It is recommended that you access the Service only on a private computer, which you control.
You further agree to promptly update all your User Information whenever the User Information provided to us by you is found to be in error or becomes inaccurate. You can update your information by contacting us at [firstname.lastname@example.org] or through the “client area” of the Site. We are not responsible for any Service-related issues or errors arising from your failure to submit or maintain current and accurate User Information. If we determine, in our sole discretion, that you have failed to submit or maintain current and accurate User Information, we may temporarily suspend or terminate your access to your Account, the Site or the Service. By creating an Account, you expressly consent to the use of electronic records to store information related to these Terms or your use of the Service. AAHC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
11. Disclosure and Consent to Electronic Communications.
(a) Consent to Electronic Communications. When you accept this Agreement, you acknowledge that AAHC may provide certain information, including information regarding your use of the Site, the Service, and AAHC Account (“Communications”), to you electronically through email, the Site or Service, the AAHC Account or links to notices posted on the Site, unless and until you withdraw your consent or “opt out” as described below. You understand that the communications referenced in this section does not include SMS text messages unless you give your express consent to receive SMS text messages when this option is presented to you in the course of using the Site or Service. You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing. You further agree that any Communications provided by us electronically are deemed to be given and received on the date we transmit any such Communication as described in this Agreement. The categories of Communications that may be provided by electronic means include:
- any Amendments to this Agreement;
- disclosures or notices provided in connection with the Service, including any such notice required by Applicable Law;
- any statements or information concerning your Account;
- any customer service communications, including communications with respect to claims of error or unauthorized use of your Account, the Site or the Service; and
- any other communication related to the Site or Service.
Although AAHC reserves the right to provide Communications in paper format at any time, you agree that AAHC is under no obligation to do so unless you first notify us, in writing, of your request to receive further communications in a paper format and your decision to opt out of receiving Communications. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to enter into this Agreement electronically, you may not use your AAHC Account, the Site or the Service.
(b) Timing of Communications. Any electronic Communications will be deemed to have been received by you no later than five (5) business days after AAHC sends it to you by email or posts such Communication on the Site or through the Service, whether or not you have received the email or retrieved the Communication from the Site or Service. An electronic Communication by email is considered to be sent at the time that it is directed by AAHC's email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
(c) Updated User Information. You agree to promptly update your User Information if such information changes so that AAHC may contact you electronically. You may update your User Information, such as your email address, as described in Section 10 of this Agreement. You understand and agree that if AAHC sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic Communications, AAHC will be deemed to have provided the Communication to you.
(d) System Specifications. In order to access, view, and retain electronic Communications that AAHC provides to you, you must have access to: (i) a computer with an Internet connection; (ii) a current or previous major release version (up to the second most recent version) of either Firefox, Internet Explorer, Chrome, or Safari with cookies enabled and Adobe Acrobat Reader to open documents in “.pdf” format; (iii) sufficient electronic storage capacity on your computer's hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (iv) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.
(e) Reservation of Rights. AAHC reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which AAHC provides electronic Communications. AAHC will provide you with notice of any such termination or change as may be required by Applicable Law.
13. Restrictions on Conduct. The services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Any violation of these restrictions may result in immediate barring from the use of the services and/or further actions in the sole discretion of AAHC, including the cooperation with the appropriate legal authorities into any investigation and prosecution of your actions.
In addition, without limitation, you agree that you will not do any of the following while using or accessing the Service:
(a) transmit or upload any information for which you don’t have the right to transmit, publish, copy, upload, or disseminate,
(b) upload, post, email or otherwise transmit any Content that infringes on the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
(c) use the Service to collect or store personal data about other users without their express permission;
(d) knowingly include or use any false or inaccurate information in any profile;
(e) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Service, or interfere with the access of any other user to the Service;
(f) circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content;
(g) use any meta tags or other hidden text or metadata utilizing an AAHC name, trademark, URL or product name;
(h) attempt to probe, scan or test the vulnerability of any AAHC system or network or breach or impair or circumvent any security or authentication measures protecting the Service;
(i) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the services;
(j) use the services in any way that competes with AAHC, including, without limitation, pretexting or misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit treatment providers, directly or indirectly; or
(k) encourage or instruct any other person or entity to do any of the foregoing.
14. Term and Termination.
(a) Term. This Agreement shall commence on the date you first access the Site or make use of the Service and will remain in effect until either you or AAHC terminates this Agreement (the “Term”).
(b) Termination Rights of AAHC. AAHC is continually evolving and innovating. We reserve the right to change our Site, the Service or any Content we offer at any time without notice. We may, in our sole discretion, and without prior notice to you, terminate this Agreement at any time and for any reason.
(c) Your Termination Rights. You may terminate your Account at any time and for any reason by sending AAHC written notice at the contact information provided herein at Section 29 (Contact Us). Any cancellation request will be handled within thirty (30) days of receipt of such a request by AAHC.
(d) Effects of Termination. Upon any termination by you, your Account will no longer be accessible. After termination, AAHC will have no further obligation to provide the Service, except to the extent we are obligated to provide you with access to your health records or treatment providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you. Upon termination of your right to use our Site or Service or our termination or discontinuation of the Site or Service, all licenses and other rights granted to you by these Terms will immediately terminate.
Your obligations under this Agreement survive and extend past any termination or suspension of our Service to you. Specifically, Section 15 (Ownership of Intellectual Property Rights), Section 17 (Third Party Websites; Advertisements), Section 18 (Disclaimer of Warranties), Section 19 (Indemnification), Section 20 (Limitation of Liability), Section 22 (General Terms), Section 24 (Arbitration) and Section 25 (Governing Law and Forum for Disputes) shall survive and remain in full force and effect, but the provisions of Section 16 (License) shall be suspended, terminated or cancelled, as the case may be.
15. Ownership of Intellectual Property Rights. You acknowledge and agree that, except as otherwise expressly stated, all text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about AAHC, the Site or the Service, “Content”) appearing on your Account, the Site or the Service is the copyrighted work of AAHC or its third party content suppliers and is protected by U.S. and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happened to be registered. You will not acquire any intellectual property rights in AAHC by your use of the Service or the Site. You only hold a non-exclusive license to use this information contained on the Site as indicated in Section 17 below.
16. License. Subject to your compliance with this Agreement, AAHC hereby grants you a limited license to access and make use of the Service, but not to download (other than page caching or downloading of PDF forms, statements, etc. provided as part of the Service) or modify the Service, or any portion of thereof, except with express written consent of AAHC. The Service also contains the Content, and the license granted in this Section does not include any resale or commercial use of the Service or the Content; any derivative use of the Service or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of AAHC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AAHC without, AAHC’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of AAHC’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Service and any Content offered on these Service, including any and all intellectual property rights. Any software applications available on or through the Service are licensed, not sold, to you. AAHC may assign this Agreement or any part hereof, without restrictions. You may not assign this Agreement or any part hereof, nor transfer or sub-license your rights under this Agreement, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by AAHC. Unless otherwise expressly agreed in writing by AAHC, the Service is only permitted to be used within the United States of America.
17. Third-Party Websites; Advertisements.
(a) Links to third-party websites or resources and advertisements from third parties may be available and visible on the Site. AAHC is not responsible or liable for the availability or accuracy of, and AAHC does not endorse, sponsor, or recommend such websites, resources, or third-party advertisements or the content, products, or services on or available through such websites, resources, or third-party advertisements. When we make available such third-party links, resources, and advertisements on the Site or through the Service, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided or advertised by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. AAHC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.
18. Disclaimer of Warranties. Your use of the Service and Content is at your sole discretion and risk. The Site, Service and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
AAHC AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY: (1) WARRANTIES THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, THE CONTENT OR THE SERVICE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICE RECEIVED THROUGH, ACCESSED THROUGH OR ADVERTISED ON THE SITE THE SERVICE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; (6) WARRANTIES THAT YOUR USE OF THE SITE OR SERVICE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
OUR SERVICES AND SITE CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND AAHC AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR SITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
19. Indemnification. You agree to forever indemnify, defend, and hold harmless AAHC, AAHC’s licensors and Affiliates and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
(a) your access to or use of the Service, the Site, or the Content;
(b) your violation or breach of any of the provisions of these Terms;
(c) your failure to provide and maintain true, accurate, current and complete User Information in connection with your Account;
(d) any activity related to your Account by you or any other person accessing the Site or Service through your account, including, without limitation, negligent or wrongful conduct; or
(e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
AAHC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL AAHC OR AAHC’S LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT AAHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF ANY TREATMENT PROVIDERS OR OTHER HEALTHCARE PROFESSIONALS THAT MAKE USE OF THE SITE OR SERVICE OR THE POTENTIAL PROFESSIONAL LIABILITY ARISING FROM OR RELATED TO PROFESSIONAL MEDICAL OR MENTAL HEALTH SERVICES, ADVICE, DIAGNOSIS, OR TREATMENT THAT SUCH TREATMENT PROVIDERS AND HEALTHCARE PROFESSIONALS PROVIDE TO ANY CLIENT IN CONNECTION WITH THIS AGREEMENT, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN MANY JURISDICTIONS, PROVIDERS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL AAHC BE LIABLE FOR THE DISCLOSURE OF ANY CLIENT’S CONFIDENTIAL INFORMATION BY A TREATMENT PROVIDER FROM WHOM A CLIENT HAS RECEIVED PROFESSIONAL MEDICAL OR MENTAL HEALTH SERVICES. AAHC IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A TREATMENT PROVIDER PROVIDING MENTAL HEALTH SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF AAHC OR AAHC’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
21. Errors and Inaccuracies. Any information on the Site including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. AAHC reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. AAHC will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. AAHC reserves the right to refuse to fill any orders or provide Services based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
22. General Terms. These Terms constitute the entire agreement between you and us relating to our Service, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Service, the Site, or the Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Service, the Site, or the Content, the signed written agreement will control. Our licensors may be entitled to enforce this Agreement as third-party beneficiaries. There are no other third-party beneficiaries to this Agreement.
23. No Waiver. The failure by you or us to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of the Terms are for convenience only and shall have no legal or contractual effect.
24. Governing Law and Forum for Disputes. THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, EXCLUDING ITS CHOICE OF LAWS RULES. YOU AND AAHC EACH IRREVOCABLY AGREES THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE, OR THE STATE COURTS LOCATED IN DAVIDSON COUNTY, TENNESSEE. YOU AND AAHC EACH IRREVOCABLY CONSENTS TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVESANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AND AAHC AGREE THAT AAHC MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHEREQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
25. Contact Us. If you have any questions about this Agreement, please contact us as described on the website under “Contact Us” or at the email address, phone number or mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
Address: Academic and Allied Health Consulting, PLLC
513 Bel Air Place
Brentwood, TN. 37027