1. Personal Information Collected Clinate.com collects publicly available information as well as voluntarily shared information about cardiologists/surgical experts in a database to provide a referral service related to recent clinical developments and to other similar healthcare professionals and related organizations. This information includes your name, office address, office phone and fax numbers-mail address, mobile number, specialty, the medical college and training institutions you attended, papers you presented, research you carried out and published. Almost all cardiologists and many other healthcare professionals, are/will be included in our database. If you choose to register and become a User, you will verify that the information that we have collected about you is accurate. It will be to your responsibility to verify genuineness of your information so collected by us. The purpose of this website is to permit Users to know to the publicly available/ or in some cases information circulated strictly in confidential domain about cardiology clinical advancements in order to develop, maintain and enhance a network of professional excellence. Users may provide us certain personal information, such as your affiliations and work history, which we collect and publish in order to allow you to enhance your network of contacts. If you have any hesitation about providing such information to us and/or having such information displayed on our website or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you may refrain from providing this information. The only information that you are required to provide in order to become a member of website is your email address. By default, your email address is not published in your Clinate profile, and we will use it only to send you product updates and information of your interest. You can, of course, opt not to receive these updates. If an authorized third party, such as an administrator in your office, completes the registration form on your behalf, both you and that third party will be deemed to have accepted all of the terms of this Privacy Policy. We collect personal information from you at the following times: When You Register The following fields are required during registration to guarantee the Clinate network is a useful directory for its members: name, address, specialty, office phone, occupation, email address and password. Cardiologists are required to additionally enter or confirm medical college, year of graduation, post graduation and birthday. Most of this information, other than your email address, will already be included in your profile, but we ask that you verify that the information is correct, and update it where ever necessary. We may use your medical college year of graduation and birthday in order to verify that you are a cardiologist. We also give you the option to provide the following information: subspecialty, title/practice, clinical areas of interest, maiden name, languages spoken at your office, and profile photo. Providing such information is completely optional and choosing not to provide this information will not affect your ability to browse the Clinate directory or use the Clinate service. All of the information that is publicly available or you voluntarily provide will be included in your profile, which is accessible to anyone browsing the Clinate directory, except your birth year, year you graduated from medical college and your email address. When You Add a Public Profile Once you have completed the registration process, you may at any time provide additional information to your profile. Such information includes: medical group, MCI and hospital affiliations, internship, residency program, fellowships, work history, presentations, publications, education, professional interests, memberships, and board certifications. Providing additional information is entirely optional, but enables you to better identify yourself and find new opportunities in the Clinate system to build and leverage your professional network. Any information you provide to us, whether during the registration process or as an update to your Profile, may be used in the same manner and extent to which other information is permitted to be used hereunder, including for the purpose of serving advertisements through the service. When You Add a Private Profile If you choose, you may fill out a private profile on Clinate. The private profile can consist of back line, mobile phone, home phone, other phone, mobile and email address or other private note. Your private profile is visible only to those confirmed colleagues with whom you select to share it. Invite Others to Join Clinate If you wish to invite your colleagues to join Clinate, you have to send their names and email addresses to us, which Clinate will use to send your invitation including a message that you write. The names and email addresses of people that you invite will be used only to send your invitation and reminders. When You Contact Customer Support Clinate may collect information through our website or through Customer Support in order to, among other things, accurately categorize and respond to your inquiry and deliver appropriate service levels. Cookies Like most websites, Clinate uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your computer which allows Clinate to recognize you as a User when you return to the Clinate website using the same computer and web browser. Like the information you enter at registration or when you update your Profile, cookie and log file data is used to customize your experience on our website. Cookies are set once you’ve logged in to your Clinate account. The next time you visit the Clinate website, the cookie will allow us to recognize you as an existing User so you will not need to log in before using the service. However, if you log out of the Clinate website you will need to re-enter your password the next time you visit in order to log in to your account. We use cookies to improve the quality of our service by storing User preferences and tracking User trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Log files, IP addresses and information about your computer and mobile device Due to the communications standards on the internet, when you visit the Clinate website we automatically receive the URL of the site from which you came and the site to which you are going when you leave Clinate. Clinate also receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, mobile device operating system (if you are accessing Clinate using a mobile device), as well as the name of your ISP or your mobile carrier. We use this information to analyze overall trends to help improve the service. The linkage between your IP address and your personally identifiable information is not shared with third parties without your permission, except as described in Section 2 (“Legal Disclaimer” and “Disclosures to Others”), below. Consent to Clinate Processing Information about You Certain information you provide to Clinate may reveal, or allow others to identify, your nationality, ethnic origin, religion or other aspects of your private life, and more generally about you. Please be aware that in providing information to Clinate for the purposes of opening your user account, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and Clinate’s User Agreement. The supplying of all such information by you to Clinate, including all information deemed "personal" or “sensitive” by applicable law from time to time, is entirely voluntary on your part. You have the right to withdraw your consent at any time, in accordance with the terms of this Privacy Policy and the User Agreement, but please note that your withdrawal of consent will not be retroactive. Rights to Access, Correct and Remove Information about You You have a right to access, modify, correct and remove the data about you, which has been collected pursuant to your decision to become a User. If you update any of your information, we may keep a copy of the information which you originally provided to us in our archives for uses documented herein. We take your rights seriously and encourage you to use them if you deem this to be appropriate. You may exercise these rights by emailing us at contact@clinate.com or by contacting us at: Clinate ATTN: Privacy Policy Issues Clinate. 13 B, SUMIT NAGAR, JAITALA ROAD, NAGPUR-440022. 2. Uses of Personal Information Clinate is an online service dedicated to sharing cardiological clinical updates amongst medical professionals for more effectively serving the society. The information you choose to share about your researches on our service is used to help your researches shared with our other Users. If you close your Clinate account, we will remove all of the personal information that you have provided to Clinate from our publicly viewable database, as well as any private profile information that you have stored with us. We will retain the publicly available data in the database, including all of the information about you that was available on our database prior to joining the Clinate network. Other information, that does not personally identify you as an individual, is collected by Clinate from Users (such as, for example, patterns of utilization) and is exclusively owned by Clinate. This information can be utilized by Clinate in such manner as Clinate, in its sole discretion, deems appropriate. Clinate's Communications to You Clinate will communicate with you through email, Clinate mails and notices posted on the Clinate website or through other means available through the service, including text and other forms of messaging. If we send any communications to you via the telecom/mobile/internet service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). Our communications to you include emails which help inform Users about various features of the service. Clinate may send you promotional information unless you have opted out of receiving such information. You can change your email and contact preferences at any time by sending a request to contact@clinate.com or by updating your profile information. Customized Content Information provided to Clinate (or to third parties with whom it offers/will offer in near future combined services) is also used to customize your experience on our website. For example, you can store “most used” phone numbers for easy reference. Sharing Information with Third Parties Clinate takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your private information to third parties for marketing or other purposes. We may provide data about the usage of our services with third party service providers with whom we contract to help us provide our Services. For example, we may work with vendors, consultants or other third parties to host and maintain our data and website properties, analyze our data, or provide marketing assistance. All contracted third parties must agree not to use your personal information and communications other than to fulfill their responsibilities to us and are bound by confidentiality agreements with regard to their use of such information. We may provide aggregated anonymous data about the usage of our services to third parties for such purposes as we deem, in our sole discretion, to be appropriate, including to prospective investors/stake holders in Clinate. We may segment our Users by specialty, education, alumni groups, training, research, grants, trials, geographic location or other similar information and provide information from your public profile as part of our Services and product offerings. If you would like to be excluded from the aggregated research or products based upon aggregated or segmented data and Users’ activities on the site, please email contact@clinate.com . As part of our Services, we may share personal information with bodies accredited by Medical Council of India or similar bodies across the world and other activities you may choose to take through our Service. As part of our Services, we may also share public profile information with medical leading publications and ranking bodies, across the world to increase the visibility of our Users. When you use the Clinate Service through a Clinate website, newsletter, mobile app or other medium, you may be presented with advertisements or opportunities to engage in informational programs consisting of sponsor-selected content. Examples of these programs include sponsored news alerts or branded or unbranded discussion groups. All sponsored programs will be labeled clearly as sponsored. When you choose to engage with a sponsored program, such as engaging with a commercial client’s sponsored news alert, we may provide our commercial clients with your identifiable information and information about the type of engagement (e.g., whether you viewed, interacted with or requested information about such promotional content). We will only share your identifiable information with clients who have agreed to use such information solely for authorized purposes. To confirm, we will not provide your personal contact information such as email, phone, mobile, or postal address as part of our Services. You may revoke your authorization to participate in these features of our Services at anytime. If you would like to be excluded from the accredited bodies, leading publications or commercial features of our Services please email contact@clinate.com . Search We offer search services to help you find information and learn more about other Users (for example, you can search for Users with particular expertise, or that you may know from your medical school). We use information from User profiles and other contributions to Clinate to inform and refine our search service. Surveys and Polls As a User, you may receive requests to participate in market research including polls and surveys submitted by other Clinate members. If you participate in surveys and polls offered through our website, the information you provide may be visible to others using the Clinate website. You may opt-out of participating by emailing contact@clinate.com to stop receiving these inquiries and requests. Communications to other Users Communications you initiate through Clinate, such as a colleague invitation sent to a non-User, will list your name in the message, along with your current office address and phone/fax numbers. No other contact information will be included in the message. Clinate members may communicate with one another using the Clinate Mail feature. Mail messages may only be initiated between two users who have confirmed a colleague relationship within the Clinate network. In the case where a User has initiated a group message to two or more of his or her colleagues, recipients of this group message may “reply all” to the recipients of this group message, even though they are not all colleagues. This is the only instance where a User may receive a Mail from a non-colleague. Mail messages may be sent Secure or non-Secure. Secure messages require recipients to confirm their identity by entering their PIN code prior to viewing. Non-Secure messages may be read by anyone with access to a User’s mobile device. You can disable Mail at any time in Settings. Legal Disclaimer It is possible that we may need to disclose personal information when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel. We will disclose such information when we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to Clinate brought in any country throughout the world, or to exercise our legal rights or defend against legal claims. Disclosures to others We may also disclose your personal and other information you provide, to another third party as part of reorganization or a sale of substantially all of the business of Clinate. Any third party to which we transfer or sell Clinate’s assets will have the right to continue to use the personal and other information that you provide to us. 3. Your Information Choices Accessing and Changing Your Account Information You can review and make any desired changes to the information you publish, or to the settings for your Clinate account, including your email and contact preferences, at any time by emailing Clinate contact@clinate.com . Please be aware that even after your request for a change is processed, Clinate may, for a certain time, retain residual information about you in its backup and/or archival copies of its database. Closing Your Account You can also close your account at any time by emailing contact@clinate.com if you close your Clinate account, we will remove all of the information that you have provided to Clinate from our publicly viewable database, as well as any private profile information that you have stored with us. We will retain the publicly available data in the database, including all of the information about you that was available on our database prior to your joining the Clinate network. We may also retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, or if required by law. Clinate may also retain and use your information if necessary to provide the Services to other Users. Similarly, other information you have shared with others, or that other Users have copied, may also remain visible. Clinate disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. Clinate does not control when search engines update their cache, which may contain certain public profile information that has since been removed from Clinate's publicly viewable database. 4. Your Obligations As a User, you have certain obligations toward the other Users with whom you will be communicating. 1. You must, at all times, respect the terms and conditions of the then-current Privacy Policy and the User Agreement. This includes respecting all intellectual property rights which may belong to third parties. 2. You must not download or otherwise disseminate any information which may be deemed to be injurious, defamatory, violent, offensive, racist, sexist or xenophobic, or which may otherwise violate the purpose and spirit of Clinate and its community of Users. 3. You must not provide information to Clinate and /or other Users which you believe might be injurious or detrimental to your person, professional or social status. Any violation of these guidelines may lead to the restriction, suspension or termination of your account by Clinate, as we take these principles seriously and consider them to be the basis on which our Users adhere to the Clinate website and the services which it offers. 5. Important Information If Users have questions or concerns regarding any statement, you may contact Clinate by email at contact@clinate.com Changes to this Privacy Policy We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. We generally post updates to this policy once per year or as applicable. By continuing to use the Clinate service after notice of changes have been sent to you or published on the Clinate website, you are consenting to the changes. If you use the Clinate service after notice of these changes has been posted, you are providing your consent to the changed practices. 6. Security In order to secure your personal information, access to your data on Clinate is password-protected. It is your responsibility to protect the security of your login information. 7. End User License Agreement NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT 1. INTRODUCTION A. Purpose Clinate's mission is to share the advancements in clinical researches by the world's cardiologists to enable you to be more productive and successful and entire humanity should be benefited by such researches and exchange of knowledge. B. Scope and Intent You agree that by registering on Clinate, or by using the website, including our various features, mobile applications, premium services, or other information provided as part of the Clinate services (collectively "Clinate" or the "Services"), you are entering into a legally binding agreement with Clinate, Address ("we," "us," "our," and "Clinate") based on the terms of this Clinate User Agreement and the Clinate Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a Clinate user ("you", "your", and "User"). If you are using Clinate on behalf of a company, medical practice or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Clinate User, do not conclude the Agreement, do NOT click join Clinate and do not accesses, view, download or otherwise use any Clinate webpage, information or services. By joining Clinate you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By joining Clinate you also consent to use electronic signatures and acknowledge your registration as one. Please note that the Clinate User Agreement and Privacy Policy are also collectively referred to as Clinate's "Terms of Service." 2. YOUR OBLIGATIONS A. Applicable laws and this Agreement * DOs and DON'Ts; * Complaints Regarding Content Posted on the Clinate Website; and * Clinate's Privacy Policy. B. License and warranty for your submissions to Clinate You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections: You have control over the information you provide Clinate under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Clinate and its registered users a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Clinate, including, but not limited to, any registration data, user generated content, ideas, concepts, techniques or data to the services, you submit to Clinate, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement. By providing information to us, you represent and warrant that you are entitled to and have the requisite rights to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Except as otherwise provided in this Agreement, Clinate will have no obligations with respect to the information you submit to us. Clinate, after receiving specific written requisition from you , may grant you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Clinate site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license will be restricted to your own contributions and does not grant you rights to republish the contributions or postings of other Clinate members and for any monetary gains. Clinate shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. It is your responsibility to keep your Clinate profile information accurate and updated. C. Service Eligibility To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) a certified Indian physician or other health care professional (3) are not currently restricted from the Services, or not otherwise prohibited from having a Clinate account, (4) are not a competitor of Clinate or are not using the Services for reasons that are in competition with Clinate; (5) will only maintain one Clinate account at any given time; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Clinate, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. D. Sign-In Credentials You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your login credentials to access your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your Clinate account or any information and content of another Clinate user to another party; and (5) refrain from charging anyone for access to any portion of Clinate, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact contact@clinate.com. E. Indemnification You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable lawyers' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Clinate. F. Payment If you avail/purchase any services that we offer for a fee, either on a one-time or subscription basis ("Special/Premium Services"), you agree to Clinate/ Its payment collection partner storing your payment card information. It is made explicitly clear that Clinate is in no way directly associated with any payment collection activity and all payments will be managed by third party trusted systems which follow their own terms and conditions to which users will be submitting their specific consent separately. You also agree to pay the applicable fees for the Special/Premium Services (including, without limitation, periodic fees for special/premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription. You also acknowledge that Clinate's Special/Premium Services are subject to this Agreement and any additional terms related to the provision of the Special/Premium Service. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services, including upgrades and additional messages acquired as part of your Premium account, expire immediately upon termination of your Premium account. We do not provide any cancellation on the clinate.com website. All disputes are subject to Nagpur Jurisdiction. G. Notify Us of Acts Contrary to the Agreement If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. H. Notifications and Service Messages For purposes of service messages and notices about the Services to you, Clinate may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Clinate to an email address associated with your account, even if we have other contact information. You also agree that Clinate may communicate with you through your Clinate account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Clinate account or services associated with Clinate. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. I. User-To-User Communication and Sharing Clinate may offer various forums in near future, where you can communicate with individuals and groups. Clinate members can create groups, however, Clinate may close or transfer groups in its discretion, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Users, and Clinate cannot guarantee that other Users will not use the ideas and information that you share on Clinate. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not share it on Clinate. CLINATE IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, UPLOAD, OR TRANSMIT WITHIN CLINATE. J. Privacy You should carefully read our full Privacy Policy and Business Associate Agreement before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Clinate, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part. K. Contributions to Clinate By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Clinate through its suggestion or feedbacks, you acknowledge and agree that: (a) your Contributions do not contain confidential proprietary or protected information; (b) Clinate is not under any obligation of confidentiality, express or implied, with respect to the Contributions; Clinate shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Clinate may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Clinate all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Clinate under any circumstances. L. Posted Data The information and content posted on Clinate is gathered from publicly available data or submitted by Users, and Clinate cannot guarantee the accuracy of such information. Use of Clinate by you is conditioned upon your agreement that all of the information and content, including profile and other data, is for informational purposes only and should not be relied upon, and that as User, you agree to hold harmless Clinate and other Users and data suppliers for your use or reliance on such data. 3. YOUR RIGHTS On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 12, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Clinate or its Users), view information and use the Services that we provide on Clinate webpages and in accordance with this Agreement. Any other use of Clinate contrary to our mission and purpose (such as seeking to connect to someone you do not know or to use information gathered from Clinate commercially in each case unless expressly authorized by Clinate) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Clinate and all related items, including any and all copies made of the Clinate website. 4. OUR RIGHTS AND OBLIGATIONS A. Services Availability For as long as Clinate continues to offer the Services, Clinate shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Clinate as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Clinate, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Clinate further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Clinate to be contrary to this Agreement. For avoidance of doubt, Clinate has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. B. Third Party Sites Clinate may include links to third party web sites ("Third Party Sites") on www.Clinate.com and elsewhere. You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms and/or privacy policy of a Third Party Site before using it. Clinate is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk. C. Disclosure of User Information You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal matters, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Clinate, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the privacy policy. D. Connections and Interactions with Other Users You are solely responsible for your interactions with other Users. Clinate may limit the number of colleague connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Clinate reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Clinate determines, in our sole discretion, that doing so is necessary to enforce this Agreement. You agree that from time to time Clinate may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile. 5. SERVICE DISCLAIMER Do not rely on Clinate, any information therein, or its continuation. We provide the platform for Clinate and all information and services on an "as is" and "as available" basis. Clinate does not control or inspect User generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Clinate or anything related to Clinate, you may close your Clinate account and terminate this agreement in accordance with section 8 ("termination") and such termination shall be your sole and exclusive remedy. Clinate is not responsible, and makes no representations or warranties for the delivery of any messages sent through Clinate to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Clinate does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Clinate disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Clinate disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Clinate site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason. 6. MEDICAL DISCLAIMER The contents of Clinate, such as text, graphics, images, information obtained from Clinate's licensors, users, employees and other material contained in Clinate ("Content") is for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Clinate or you are not permitted to advise, diagnose, or otherwise treat users through the services. Neither the content nor any other service offered by or through this site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Clinate is not responsible or liable for any claim, loss, or damage arising from the use of the information. Clinate does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on Clinate and Clinate members are required by the "Do's" of these Terms of Use to disclose any such conflicts of interest. Your reliance upon the Content obtained or used by you is solely at your own risk. Clinate reminds you that the Service is not meant to serve as a substitute for your own professional medical judgment. You should always exercise your professional judgment in evaluating your patients, and should carefully consider any treatment plan. Clinate encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment. We also encourage you to review from time to time the Indian Medical Association's Policy for Professionalism. 7. LIMITATION OF LIABILITY Neither Clinate nor any employees, shareholders, representatives or directors ("Clinate Affiliates") shall be cumulatively liable for (a) any damages in excess of Rs.100, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Clinate. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall: Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and Not apply to any damage that Clinate may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement. Not apply if you have entered into a separate agreement to purchase Special Services with a separate Limitation of Liability provision that supersedes this section in relation to those Special Services. 8. TERMINATION A. Mutual Rights of Termination You may terminate this Agreement, for any or no reason, at any time, with notice to Clinate pursuant to Section 10.B. This notice will be effective upon Clinate processing your notice. Clinate may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Clinate account includes disabling your access to Clinate and may also bar you from any future use of Clinate. B. Misuse of the Services Clinate may restrict, suspend or terminate the account of any User who abuses or misuses the Services or offers competitive services. Misuse of the Services includes inviting to connect other Users whom you do not know or with whom you do not have a medical referral, informational, recruiting or consulting objective authorized by Clinate; abusing the Clinate social platform and messaging services; using the Services commercially without Clinate's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 11, or any other behavior that Clinate, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Clinate has adopted a policy of terminating accounts of Users who, in Clinate's sole discretion, are deemed to be repeat infringers under the India’s Copyright Act 1957. C. Effect of Termination Upon the termination of your Clinate account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof. 9. DISPUTE RESOLUTION A. Law and Forum for Legal Disputes This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the prevailing laws of the Union of India regardless of your country of origin or where you access Clinate, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Clinate agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in Nagpur, Maharashtra, India except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Clinate agree to submit to the personal jurisdiction of the courts located within Nagpur, Maharashtra, India for the purpose of litigating all such claims. Notwithstanding the above, you agree that Clinate shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. B. Arbitration Option For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Rs.1, 00,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration or as per provisions of Indian Arbitration act 1996. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. 10. GENERAL TERMS A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way. B. Notices and Service of Process In addition to Section 2.h. ("Notifications and Service Messages"), we may notify you via postings on www.Clinate.com. You may contact us at contact@clinate.com or via mail or courier at: Clinate ATTN: Legal Department Clinate 13 B, SUMIT NAGAR, JAITALA ROAD, NAGPUR-440022. C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Clinate services, third-party content or third party software. D. Initial Posting and Amendments to This Agreement This Agreement will be posted on the www.Clinate.com website. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Clinate.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 8 (Termination). E. No Informal Waivers, Agreements or Representations Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Clinate Affiliate shall be deemed legally binding on any Clinate Affiliate, unless documented in a physical writing hand signed by a duly appointed representative of Clinate. F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral ovation, effective upon notice to you, Clinate for any third party that assumes our rights and obligations under this Agreement. H. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the India. 11. CLINATE USER "DOS" and "DON'TS" As a condition to access Clinate, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts: A. Do Undertake the Following: 1. Comply with all applicable laws, including, without limitation, state privacy laws, intellectual property laws and regulatory requirements; 2. Provide accurate information to us and update it as necessary; 3. Review and comply regularly with our Privacy Policy; 4. Review and comply with notices sent by Clinate concerning the Services; and 5. Disclose any potential conflicts-of-interest as appropriate; and 6. Use the Services in a professional manner. B. Don't Undertake the Following: 1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Clinate; 2. Publish inaccurate, libelous, abusive, obscene, discriminatory or otherwise objectionable information or information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships through Clinate. Also do not include a link or an email address in the specialty field. Please also protect sensitive personal information such as your email address, phone number, address or other information that is confidential in nature; 3. Harass, abuse or harm another person, including sending unwelcomed or unauthorized communications to others using Clinate; 4. Upload a profile image that is not your likeness or a obscene photo; 5. Use or attempt to use another's account without authorization from the user, or create a false identity on Clinate or Infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights of others; 6. Publish any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized communication. This prohibition includes but is not limited to (a) using Clinate invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Clinate to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; 7. Upload/Transmit software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Clinate or any User of Clinate; Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof 12. COMPLAINTS REGARDING CONTENT POSTED ON THE CLINATE WEBSITE We built Clinate to help you be a more successful cardiologist or other healthcare professional. To achieve this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Clinate provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found in the Clinate Privacy Policy. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting Clinate at the following physical or email address: Clinate ATTN: Legal Department, Clinate, 13 B, SUMIT NAGAR, JAITALA ROAD, NAGPUR-440022. contact@clinate.com