Terms of Use

Last Updated: January 1st 2018

Welcome to our website www.eranpt.com

1. Introduction

1.1 IRB Ventures, LLC (“IRBV” or “we” or “our” or “us”) is a State of Delaware Corporation whose principal place of business is located at 801 West Bay Drive #506, Largo FL 33770. IRBV is the owner and operator of this Website. IRBV, via our Website, enable a content management marketplace between content providers and healthcare providers.

1.2 Your use of IRBV’s products, software, services, servers and Website (referred to collectively as our “Service” in this document) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and IRBV, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.

1.3 PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCURRS.

1.4 IRBV, at its sole discretion, may translate its Service into various languages, that notwithstanding, the language of this Agreement, or any agreement wherein this Agreement is included by reference, will not be translated into any other language and must be agreed to and accepted as defined herein.

2. General Terms

2.1 The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including the public at large (“Users”). If you register on our Service, either as a Content Provider, Healthcare Provider, or Patient then additional terms and conditions will apply (“Registered User”).

2.2 The General Terms contained herein are included by reference in the subsequent agreements entered into between IRBV and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to the General Terms and to any agreement entered into between a Registered User and IRBV that includes the General Terms by reference.

2.3 Our Service includes all pages on our Website's domain and all pages on any related sub-domains, all of which are controlled by this Agreement.

3. Acceptance and Modifications

3.1 IRBV reserves the right to change or revise this Agreement at any time by posting a notification on our Website. IRBV, at its sole discretion, may provide a Registered User notification via other mechanisms, but is not required to do so.

3.2 You are required to affirmatively accept this Agreement when becoming a Registered User by reading this Agreement and clicking “I Agree.” As a Registered User you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. IRBV maintains a record of acceptance for each Registered User, including the verification of this Agreement accepted by you whenever you click “I Agree.”

3.3 IRBV will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.

4. Eligibility

4.1 IRBV requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for the use of our Users. Registration on our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.

4.2 By registering on our Service you assert and warrant that you are doing so for the purpose of using our Service as intended. Registration for any other purpose violates this Agreement and is strictly prohibited. By registering on our Service you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement, either on your own behalf or on behalf of an entity you represent.

5. Indemnification

5.1 You agree to defend, indemnify, and hold IRBV, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

5.2 IRBV acknowledges and agrees that the indemnification sought is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.

6. Limitations of Liability

6.1 IN NO EVENT SHALL IRB VENTURES, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF IRB VENTURES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, IRB VENTURE'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO IRB VENTURES, LLC IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.

7. DISCLAIMER

7.1 YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT IRB VENTURES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. IRB VENTURES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:

(1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;

(2) IRB VENTURES, LLC DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND

(3) IRB VENTURES, LLC DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.

11.3 IRB VENTURES, LLC MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, FEATURES OR FUNCTIONS. IRB VENTURES, LLC RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.

11.4 UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY IRBV'S ENDORSEMENT OR SPONSORSHIP THEREOF.

8. Links

8.1 Our Service may include hypertext links to other websites over which IRBV has no control. IRBV makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto.

8.2 You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against IRBV regarding such websites and must adhere to the usage and privacy policies governing such sites. IRBV’s usage of links does not imply our endorsement, or sponsorship, of any such websites.

9. Data Collection

9.1 Your Transmissions are subject to IRBV’s Privacy Policy. By using our Service you agree to review IRBV’s Privacy Policy and to be bound by its terms and conditions. From time to time IRBV may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of our Service, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes.

9.2 IRBV does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that IRBV has inadvertently collected such information, please contact IRBV at privacy@eranpt.com. IRBV will take immediate steps to remove such information from our Service and from any databases under IRBV’s control.

10. Governing Law

10.1 The laws of the State of Florida, United States of America shall govern this Agreement, as well as IRBV’s Privacy Policy, notwithstanding any principles of conflicts of law.

10.2 You agree that any action at law or in equity arising out of or relating to this Agreement or IRBV’s Privacy Policy, other than those disputes or claims subject to Arbitration as enumerated below, shall be filed only in state or federal court located in the State of Florida, in a venue most proximate to Pinellas County, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

11. Arbitration

11.1 Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Florida. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.

11.2 Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and IRBV jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.

11.3 In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.

11.4 The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.

12. Severability

If any portion of this Agreement or of IRBV’s Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

13. Entire Agreement

This Agreement contains all of the terms and condition agreed to by you and IRBV with respect your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.

14. Definitions and Constructions

Unless otherwise specified, the terms, "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.