BlueCloud® is a service provided by HealthCarePoint.com Corporation, a Texas corporation (“HCP”). These terms and conditions apply to both BlueCloud® and HCP. All references below to “BlueCloud®” include both the BlueCloud® network service and HCP.
Your Agreement to these Terms and Conditions
Individuals aged 18 or older are permitted to register as a BlueCloud® member. BlueCloud® reserves the right to decline membership in order to protect the membership and the integrity of the network. By registering with BlueCloud®, you are accepting these Terms and Conditions and agree to abide by them. You are creating a VIP personal BlueCloud® member based professional account. Your Professional Experience and Training Account for Business and Compliance (PET-ABC)® is for you to use as a FREE electronic storage of your professional information, helping you to facilitate the sharing and communications between employers, providers and industry stakeholders whom you do business with. BlueCloud® records your scores and issues certificate(s) that can be shared and distributed with organizations you do business with via a private VIP network, using BlueCloud® permission based connections. You may also wish to request connections with BlueCloud® organizations and industry stakeholders you do business with or may want to do business with in the future. Your name or contact details will not be sold to any outside third party organization and will only be used to enhance collaborations between BlueCloud® members in order to improve your professional value, maximized efficiencies, document compliance and improve communications. Whenever participating as a BlueCloud® member you are granting private use of your scores, certificates of completion and shareable credentials for purposes of further research and development of scoring systems and to enhance connectivity within your network, including, but not limited to, publications in scientific journals, organizations whom you may do business with and need to prove competencies for compliance and business purposes.
BlueCloud® is an information facilitator empowering professionals to connect with industry organizations and industry stakeholders. It is also a facilitating vehicle for authors, content providers, copyright holders, standards organizations and institutions to deliver, distribute and police proprietary content. BlueCloud® does not claim ownership or management of professional experience and training records or credentials from professionals, nor claims ownership or management of project specific activity databases, content or its materials. It is the responsibility of BlueCloud® members, including, but not limited to, quality assurance departments, employers and project managers, to make sure that proper connections are made and that proper content, products, services and specialties are distributed and shared between industry stakeholders and professionals within each private BlueCloud® network.
BLUECLOUD® WILL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE BLUECLOUD® MEMBER SERVICES.BLUECLOUD® DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BLUECLOUD® NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND BLUECLOUD® SERVICE MAY BE INTERRUPTED FOR INDEFINITE PERIODS OF TIME OR CANCELLED. BLUECLOUD® IS PROVIDED “AS IS” AND
“AS AVAILABLE”, AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY BLUECLOUD®. BLUECLOUD® DOES
NOT REPRESENT OR GUARANTEE THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BLUECLOUD® EXPRESSLY DISCLAIMS ANY LIABILITY. BLUECLOUD® NETWORK SERVICES USED BY MEMBERS ARE AT THEIR OWN RISK AND DISCRETION, AND MEMBERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM USE OF THE SERVICE.
Limitation of Liability
BLUECLOUD® WILL USE REASONABLE SKILL AND DUE CARE IN PROVIDING SERVICES THROUGH THE BLUECLOUD® NETWORK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUECLOUD®, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC AND NON-ECONOMIC DAMAGES, FINANCIAL LOSS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER TANGIBLE AND INTANGIBLE LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE THE BLUECLOUD® NETWORK SERVICES, THE UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA, MODIFICATIONS TO THE SERVICE, INCLUDING TEMPORARY OR PERMANENT LOSS OF SERVICES, THE CONTENT OR STATEMENTS MADE BY OTHER MEMBERS IN THE BLUECLOUD® NETWORK, THE CONDUCT OF OTHER MEMBERS IN THE BLUECLOUD® NETWORK OR THIRD PARTIES USING THE BLUECLOUD® NETWORK, AND ANY OTHER MATTERS RELATING TO THE USE OF THE BLUECLOUD® NETWORK.
By using the BlueCloud® network services, you agree to defend, indemnify and hold BlueCloud®, its affiliates, subsidiaries, directors, members, managers, officers, employees, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the BlueCloud® network services; (b) your use of the BlueCloud® network services; (c) any violation by you of these Terms and Conditions; (d) any action taken by BlueCloud® as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation of these Terms and Conditions has occurred; or (e) your violation of any rights of another BlueCloud® member. You cannot sue BlueCloud®, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to deny you membership or access to the BlueCloud® network, to remove or refuse to process any information or content on the BlueCloud® network, to suspend or terminate your access to the BlueCloud® network, or to take any other action during the investigation of a suspected violation or as a result of a conclusion by BlueCloud® that you have violated these Terms and Conditions. These indemnification provisions shall survive the termination or expiration of this Agreement and/or your use of the BlueCloud® network. You acknowledge you are solely responsible for all use of the BlueCloud® network using your professional account. You agree to abide by these Terms and Conditions and to defend, hold harmless and indemnify BlueCloud®, its affiliates, subsidiaries, directors and officers from and against any and all claims and demands arising from usage of your professional account, whether or not such usage is expressly authorized by you.
Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by the laws of the State of Texas. By registering to become a professional member of the BlueCloud® network, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Travis County, Texas. You and BlueCloud® will first
attempt to resolve any disputes by agreement. There is no mandatory requirement for disputes to be submitted to mediation prior to arbitration. The disputing party shall notify the other party of the substance of the dispute in writing. Any disputes not resolved by agreement within sixty (60) days of the written notification shall be resolved by submission to binding arbitration in Travis County, Texas. All arbitrations shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). The cost of arbitration shall be shared equally by the parties; provided, however, the prevailing party in the arbitrations shall be entitled to an award payable by the non-prevailing party for reimbursement of reasonable and necessary attorneys’ fees and expenses associated with the dispute. In the event a party seeks judicial enforcement of these arbitration provisions, such enforcement action shall take place in Travis County, Texas.
Members agree and understand that any and all past, present and future technology and processes used within the network is the sole and exclusive property of HealthCarePoint.com Corporation. BlueCloud® Transnational Collaborative networks are only used for the purpose of streamlining the healthcare and clinical research processes by exchanging and sharing “shareable” information between individuals and organizations accordingly. Any information related to the BlueCloud® technologies and process is the sole and exclusive property of BlueCloud®, is not shareable and shall not be used by or disseminated to individuals, entities or the general public for any purposes. Any information of BlueCloud® Members is private information and may only be shared via our networking opt-in permission based systems whenever a Member approves the sharing of such information. Any Member violating this Privacy Statement is subject to having their membership revoked without prior notice.