Legal & Terms of Use

YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

WEBSITE OWNERSHIP

This website is owned and operated by Cyber Healthcare Solutions, LLC , PO Box 331562, Murfreesboro, TN 37133, which is referred to below as "CHS" or "we" or "us" or "Company" or "our." The Total Clinical Placement System℠ and/or the Tennessee Clinical Placement℠ (or TCPS℠) is a service of CHS and requires partnership agreements for healthcare and academic entities to use the TCPS℠ services.

PERMITTED USE

You agree that:

1. Your use of this website is subject to and governed by these Terms of Use,
2. You will only access or use this website or transact business with us if you are
   • a healthcare school, college or university partner or exploring partnership options
   • a healthcare facility or organization partner or exploring partnership options
   • enrolled in a healthcare program of study within a partner TCPS℠ school - or - your are assigned a clinical placement at a partner TCPS℠ healthcare organization,
3. You may print documents made available on our website, provided that:
   
   • all copyright and other proprietary notices appear in each copy;
   • use of such documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and
   • no modifications of any documents are made.
   • Use for any other purpose is prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
4. You will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website,
   • each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
   • these Terms of Use are a legally binding agreement between you and CHS that will be enforceable against you.
5. You agree that you will not use or attempt to use this website for any purpose other than activities related to the Tennessee Clinical Placement System℠ and subsequent partnership between healthcare schools and academic programs of healthcare study. You may not use or attempt to use this website or any part of this site for any purpose:
   • that interferes with or induces a breach of the contractual relationships between TCPS℠ partners, CHS, and its employees,
   • that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
   • that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications,
   • that transmits any harmful or disabling computer codes or viruses,
   • that harvests e-mail addresses from this site,
   • that transmits unsolicited e-mail to this site or to anyone whose e-mail address included the domain name under on this website,
   • that interferes with our network services;
   • that attempts to gain unauthorized access to our network services,
   • that suggests an express or implied affiliation with CHS or TCPS℠,
   • that impairs or limits our ability to operate this website or any other person's ability to access and use this website, and/or
   • that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting TCPS℠ related business with CHS.

USE OF THIS WEBSITE

You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.

INTELLECTUAL PROPERTY RIGHTS

The following marks appearing on this website, including, but not limited to: Total Clinical Placement System℠, Tennessee Clinical Placement System℠, TCPS℠, and the respective logos, emblems, slogans and designs are service marks of CHS.

All other marks used on this website are the property of their respective owners.

Web Page Content: You acknowledge and agree that:

• all content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this website (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
• all rights associated with the Web Page Content are owned by CHS, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:

• in or as any meta-tag or hidden text;
• in or as part of any contextual marketing directory, index, or triggering term;
• as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
• as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's website or controls the content of any other Internet browser window.

LINKING

CHS is Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, CHS and TCPS℠ does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that CHS and TCPS℠ will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. CHS and TCPS℠ does not permit third-party advertising on this website. Except with the written permission of CHS and TCPS℠, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

REVISIONS AND MODIFICATIONS

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the CEO and Managing Partner of CHS.

LOCATION

You understand and acknowledge that CHS controls and operates this website from within the United States of America. This website provides information regarding education, services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.

USER IDs AND PASSWORDS

Certain areas or features of this website are restricted to TCPS℠ Partners users who have obtained a user identification and password by completing a partnership agreement described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify CHS immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

PRIVACY AND SECURITY

CHS through TCPS℠ does not share your personal information with outside companies for their promotional use.

INDEMNIFICATION

If you make any unauthorized use of this website, related services, or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify CHS and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of CHS and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.

REMOVAL OF USER CONTENT

If you are a copyright owner (or an agent acting for a copyright owner) and believe that any User Content infringes your copyright or other intellectual property and you wish us to remove such User Content from the site please send a notice by email with the subject line "Removal request" to us at help @ tcpshome.com and provide us with the following information:

1. an electronic or physical signature of the copyright or other intellectual property owner or a person duly authorised to act on behalf of such person;
   
2. details of the copyright or other intellectual property right that is claimed to have been infringed;
   
3. a description of where on our site the material you claim is infringing is located;
   
4. your contact details (including name, address, telephone number and email address); and
   
5. a statement by you that:
   • you believe in good faith that use of the material in the manner complained of is not authorised by the owner of the copyright or other intellectual property or by law;
   • the information in the notification is true and accurate; and
   • you are the owner of the copyright or other intellectual property or are duly authorised to act on such person's behalf.
     
     

DISCLAIMERS

The web page content on or available through this website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, CHS disclaims all warranties, express or implied, including, but not limited to, all implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement. CHS makes no representation or warranty regarding the web page content or its use thereof. The web page content on or available through this website could include inaccuracies or typographical errors and could become inaccurate because of development occurring after the dates of preparation and publication. CHS updates content at least once per academic year.

CHS makes no representation or warranty that a) the operation of this website will meet your or any other user's requirements; b) access to the website will be uninterrupted, timely, secure, or free of errors, viruses, or other harmful components; or c) any defects in the website will be corrected. You agree that you and not CHS will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have a result of using this website.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL CHS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT CHS SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL CHS'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEB PAGE CONTENT THEREON.

GOVERNING LAW

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Rutherford County, Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.