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The Venture 17 Division Of Education



THE CONSERVATORY OF MEDICAL ARTS AND SCIENCES

XVII

TERMS OF SERVICE REGARDING MEDICAL ADVICE

This service is "non-compensated academic advise" and is not to be construed as the practice of medicine, and herein does not fall under any State or Federal Licensure. This service is to be regarded as an academic expert reference resource, and herein, is not subject to medical liability Tort law in any State, Federal, or foreign jurisdiction. These terms of use are a binding legal agreement ("Agreement") between You and The Conservatory Of Medical Arts And Sciences (" 

The Conservatory"), The term "You" or "Your" refers to the legal person or entity creating an account with The Conservatory, also referred to as Our, including without limitation You, the company or entity which You represent together with Your employees, agents, representatives or authorized third parties. The terms and conditions which govern Your use of The Conservatory services and website (individually and collectively) are as follows:

You may use The Conservatory Services subject to all of the terms and conditions set forth herein as well as the policies and guidelines all of which are considered part of this Agreement. The terms, conditions, policies and guidelines set forth herein or incorporated herein by reference are collectively referred to in this Agreement as "Terms and Policies" and may be modified at any time by The Conservatory in its sole and absolute discretion with or without notice, provided however, that we will send You an e-mail to the email address that we have on record for You to notify you of any modifications to the Terms and Policies. If after modification the Terms and Policies are no longer acceptable to You, Your only recourse is to terminate Your use of Services. However, if You continue to use Our Services after the effective date of any modifications to these Terms and Policies, Your use will constitute acceptance of the Terms and Policies and You will be bound by the Terms and Policies, as modified. You must be at least eighteen (18) years old and capable of entering a binding contract under applicable law to use our Services. Upon request, You shall provide us with verification of Your age, identity and other personal identifiable information. You shall not use our Services in a country where You are prohibited from using such services.

You, represent and warrant that You hold all necessary right, title and interest to any information or materials used in Your Listing and in Your provision of Information. You also represent and warrant that You will not violate the intellectual property rights, publicity rights or rights of privacy of any third party or user in connection with Your Provider Listing or Your provision of Information.

You also represent that You will not use the Our Services for any illegal purpose or for any gambling, adult entertainment or adult oriented services and that you will comply with all applicable laws and regulations.

If during Your use of Our Services You come into possession of any confidential or proprietary information belonging to The Conservatory, You shall keep that information strictly confidential (except as otherwise required by law), including but not limited to the non-public details of Your use of Our Services and any amounts payable to You and The Conservatory hereunder.

(A)UNDER NO CIRCUMSTANCES SHALL THE CONSERVATORY, OR ITS PARENT COMPANY, AGENTS, AFFILIATES, SUPPLIERS OR PARTNERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES OR COMMUNICATIONS WHETHER THE DAMAGES ARE FORSEEABLE AND WHETHER OR NOT THE CONSERVATORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND

(B) WITHOUT LIMITING THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL CHARGES ACTUALLY PAYABLE BY YOU TO THE CONSERVATORY UNDER THIS AGREEMENT IN THE PREVIOUS SIX (6) MONTHS PRIOR TO THE CLAIM GIVING RISE TO LIABILITY, OR (ii) $200.

You, are responsible for all of Your account transactions.

You shall indemnify, defend and hold harmless The Conservatory, its parent company, agents, affiliates, suppliers and partners from any third party claim or liability (including reasonable legal fees and costs) arising out of or in connection with Your use of Our Services, Your breach of any representation or warranty, Your breach of this Agreement or any of its Terms or Policies, or any infringement of intellectual property rights related to Our Services.

Your access to Our Services and this Agreement may be terminated by The Conservatory at any time for any reason or no reason, with or without prior notice, without liability to The Conservatory. Notwithstanding the foregoing or anything to the contrary herein, obligations and liabilities which arose prior to termination shall survive the termination of Your Services or this Agreement.

You consent to the use of electronic means to complete this Agreement and to provide You with any notices related to this Agreement. You also consent to the use of electronic records to store information related to this Agreement and Your use of Our Services.

Under no circumstances shall The Conservatory, its parent company, agents, affiliates, suppliers and partners be liable for any delay or failure in performance of Our Services resulting directly or indirectly from forces, causes or matters beyond its reasonable control

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