HealthCarePoint.com Public Benefit Corporation DBA BlueCloud® Network (“HCP”) is a Texas Public Benefits corporation. These terms and conditions apply to all BlueCloud members. BlueCloud reserves the right to change, update or modify the terms and conditions herein. BlueCloud reserves the right to decline membership in order to protect the membership and the integrity of the network. By registering with BlueCloud, you and your organization are accepting Terms and Conditions herein effective today and agree to abide by them. You and your organization understand that the BlueCloud owns its intellectual property including but not limited to software, technology and database infrastructures.
Disclaimer
BlueCloud is an information facilitator empowering healthcare 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 healthcare 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. It is the responsibility of the BlueCloud Member to manage and update its business account information including but not limited to management contacts, passwords, email addresses and other information within your business account. 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 particular purpose, 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.
Indemnification
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 BlueCloud GDPRDirectory Business member 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 BlueCloud GDPRDirectory Business member 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 Business 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.
Privacy Statement
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 DBA BlueCloud® Network. BlueCloud® Transnational Collaborative networks are only used for the purpose of streamlining the healthcare and clinical research processes by empowering the exchange 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.
Should you have any questions or require assistance, please contact the BlueCloud Help Desk at [email protected] or call 512-302-3113.