TigerConnect Website Terms of Service

Welcome to the TigerConnect website located at https://tigerconnect.com, (the “Site”). The Site is a copyrighted work belonging to TigerConnect, Inc., a Delaware corporation (“TigerConnect,” “we,” “our,” or “us”). TigerConnect grants you the right to use the Site subject to these Website Terms of Service (these “Terms”).

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THE SITE

AGREEMENT TO TERMS

You may only use the Site if (i) you are of legal age to form a binding contract with TigerConnect, and (ii) you are not prohibited by law from using the Site.

By using the Site, you agree to by bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site.

PRIVACY POLICY

Please review our privacy policy, located at https://tigerconnect.com/legal/privacy-notice/, which also governs your use of the Site, for information on how we collect, use, and share your personal information.

We reserve the right to change these Terms at any time at our sole discretion. By using the Site after any such change, you agree to comply with and to be bound by these Terms as changed. If we change these Terms, we will let you know by posting the updated Terms on the Site and/or may also send other communications. If you continue to use the Site after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore. TigerConnect reserves the right at any time and for any reason, with or without notice, to: (i) modify, suspend, interrupt or terminate operation of or access to the Site, or any portion thereof; and (ii) modify or change the Site and the applicable terms and policies.

USE OF THE SITE

Subject to the Terms, you may view and access the Site solely for the purpose of using the Site as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor in TigerConnect, and not to compete with TigerConnect.

WHAT YOU CANNOT DO THROUGH THE SITE

In addition to other limitations set forth in these Terms, by using the Site, you agree not to: (1) use any data mining, robots, or similar data gathering and extraction methods in connection with the Site; (2) interfere with the operation of the Site or with any other person’s use of the Site; (3) impose an unreasonable burden on the Site or network; (4) breach, or attempt to breach, the security of the Site; (5) gain unauthorized access to the Site or any part thereof; (6) use the Site for any purpose that is beyond the scope of the Site’s expected use, illegal or prohibited by these Terms; (7) solicit any activity, unlawful or otherwise, that infringes TigerConnect’s rights or the rights of any other party; (8) access, tamper with, or use non-public areas of the Site or TigerConnect’s systems; (9) attempt to probe, scan or test the vulnerability of any TigerConnect system or network or breach any security or authentication measures; (10) collect or store any personally identifiable information from the Site from other users of the Site without their express permission; (11) impersonate or misrepresent your affiliation with any person or entity; (12) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or (13) use the Site to transmit: spam, junk email, bulk email, promotions, or other solicitations, content that includes any advertising or marketing materials; content that may be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct; content that violates or infringes on our legal rights or copyrights, or the legal rights or copyrights of others; or viruses, bugs, worms, or any other computer code that may harm a network, computer, server, hardware, software, or telephone equipment.

TIGERCONNECT SERVICES & SOFTWARE

These Terms only cover access and use of the Site, and do not cover use of our products, services, and other offerings offered by TigerConnect (the “Services”), including our online technology platform for healthcare professional communication and collaboration. Any use by you of our Services must be specifically authorized by TigerConnect and is governed by TigerConnect’s End User License Agreement, which can be found at [ (unless you have a separate, duly-executed license agreement, such as our Enterprise Master Subscriber Agreement, with TigerConnect granting you access to the Services, in which case your use of the Services is subject to that separate agreement).

USER SAFETY & USER AGE RESTRICTION

Although TigerConnect cannot guarantee user safety, TigerConnect seeks to be responsive to your concerns. If you are aware of or have been the recipient of threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate messages through the Site, then please send a brief description of your concerns to support@tigerconnect.com.

The Site shall not be used by any person under the age of 13, and by using the Site you are warranting that you are 13 years of age or older. TigerConnect also strongly recommends that children ages 13 through 17 consult their parents or legal guardians before using the Site. If you believe a child under the age of 13 is using the Site, please send all pertinent information to support@tigerconnect.com.

ACCOUNT SECURITY

If you enter data through the Site, you agree to provide accurate and truthful information about yourself and to keep your account current. You are responsible for any activity that occurs under your account and you are entirely responsible for the security and secrecy of your account login information and for all activity that occurs on your account as a result of your failure to maintain the security or secrecy of your account login information. You agree to notify TigerConnect immediately of all unauthorized use of your account and if the security or secrecy of your account login information has been compromised. You also agree to notify TigerConnect immediately if any information affecting your account or the delivery of the services changes, including, without limitation, changes in personnel, phone number changes, and email address changes. You may be held responsible for any losses incurred by TigerConnect or any other user of the Site that are in any way related to your failure to maintain the security of your account information.

INTELLECTUAL PROPERTY

Unless otherwise stated, all intellectual property, materials, works, software, code and other functions used in conjunction with the Site, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site, as well as their selection and arrangement and “look and feel” (collectively, the “Content”) are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and TigerConnect reserves, and as between you and TigerConnect will solely own, all rights, titles, and interests in and to the Site, Content, and all intellectual property rights therein. Any unauthorized use of the Site or Content may violate laws and these Terms. Except as expressly provided herein, TigerConnect does not grant any express or implied rights to use the Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on the Content or their selection and arrangement on the Site, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the Content, the Site or any related software, except as expressly authorized herein. The Site may also make available materials, information, technology, resources, and services provided by third parties, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively, the “Third Party Content”). The Third Party Content may be governed by separate license agreements that accompany such content. Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. TigerConnect offers no guarantees and assumes no responsibility or liability in connection with any Third Party Content, including any liability resulting from incompatibility between the Third Party Content and the Content offered by TigerConnect. You agree that you will not hold TigerConnect responsible or liable with respect to the Third Party Content or seek to do so.

Further, we are not responsible for any third party websites accessed through the Site, and you should review the terms of use and policies of any website to which you navigate from the Site. If you decide to leave the Site and access third party websites or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. To the extent the Site contains links to outside services and resources, you acknowledge that: (1) TigerConnect is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (2) TigerConnect is not responsible for any other form of transmission received from any linked site. TigerConnect provides these links to you only as a convenience, and the inclusion of any link does not imply our approval or endorsement. Any issues or concerns regarding any such site should be directed to the owner or operator of that site.

“TigerConnect” and other TigerConnect graphics, logos, designs, page headers, button icons, scripts and Site names are trademarks of TigerConnect in the United States and other countries. Our trademarks and trade dress, as well as third-party trademarks, logos and Site marks contained on the Site, may not be used in connection with any product or Site in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TigerConnect or such third party that may own the mark.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that information contained on the Site infringes your copyright, please provide us with written notification as set forth below. We will review all claims of copyright infringement received and remove content that we deem, in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

INDEMNIFICATION

You agree to defend, indemnify and hold harmless TigerConnect, its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees) due to, arising out of or relating in any way to (i) your use of, or access to, the Site, or (ii) your violation of these Terms.

DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SITE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE SITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) , in no event will TigerConnect OR its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors OR suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIGERCONNECT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE; AND (B) IN NO EVENT WILL TIGERCONNECT’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED DOLLARS ($100).t You assume total responsibility for your use of the Site. Your only remedy against TigerConnect for dissatisfaction with the Site is to stop using the Site. In addition to the foregoing limitations of liability, you agree that you will not join any claim against TigerConnect with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no claim you have against TigerConnect shall be resolved on a class-wide basis; and that you will not assert a claim in a representative capacity against TigerConnect on behalf of anyone else.

CONTROLLING LAW AND SEVERABILITY

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.

NOTICE

Any notice required or permitted to be given in accordance with this Agreement shall be in writing.  Notices to TigerConnect shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: TigerConnect, Inc., 2110 Broadway, Santa Monica California 90404, U.S.A., Attention: General Counsel.  For contractual purposes, you consent to receive communications from TigerConnect electronically.  Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account.  All notices will be deemed given:  (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless TigerConnect is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail, (or ten (10) days for international mail; or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery).  Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.

EQUITABLE RELIEF

The parties agree that a material breach of this Agreement adversely affecting TigerConnect’s intellectual property rights in the Site may cause irreparable injury to TigerConnect for which monetary damages would not be an adequate remedy and TigerConnect shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.

WAIVER

TigerConnect’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TigerConnect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between TigerConnect and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between TigerConnect and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without TigerConnect’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TigerConnect may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

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