Participation in PlusLink Program: Pregnancy Centers that desire to participate in the PlusLink Program shall use an online scheduling program that is connected to the PlusLink Scheduler tool. By participating in the PlusLink Program, the Center gives eKYROS permission to collect statistical information about the Center through the PlusLink Scheduler and PlusLink Plugin tool. This statistical information will be automatically collected by the PlusLink Scheduler.
Technical Help: Center will direct all service related questions to their database software provider. Center will direct all PlusLink Plugin integration questions to their web site vendor. If a Center has questions about how the PlusLink Scheduler and PlusLink Plugin works, those questions shall be directed to eKYROS.
Data Ownership: All and any data, information, or material obtained by or through eKYROS shall be (1) owned exclusively by eKYROS and (2) the confidential and proprietary information eKYROS. eKYROS shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such data, information, or material entered in the PlusLink Scheduler or PlusLink Plugin.
Confidentiality: Information (including but not limited to appointment information, financial and operational information, and client information) provided to eKYROS shall be kept confidential, and may not be disclosed except as may be required (a) to perform its obligations under these Terms and Conditions or (b) to comply with any applicable law, regulation, or court or Governmental order in effect during the term of these Terms and Conditions. Centers shall not disclose any process or procedure(s) utilized by eKYROS (whether or not related to the PlusLink Program).
Warranty: THE USE OF THE PLUSLINK PLUGIN IS AT THE USER'S SOLE RISK. THE PLUSLINK PLUGIN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EKYROS EXRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EKYROS MAKE NO WARRANTY THAT (1) THE PLUSLINK PLUGIN WILL MEET A USER'S REQUIREMENTS, (11) THE PLUSLNK PLUGIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (111) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLUSLINK PLUGIN WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY A USER THROUGH THE PLUSLINK PLUGIN WILL MEET A USER'S EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLUSLINK PLUGIN IS DONE AT A USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTANED BY A USER FROM EKYROS OR THROUGH OR FROM THE PLUSLINK SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Hold Harmless Clause: Any entity that subscribes to the PlusLink Program' agrees to hold harmless eKYROS from any claim or demand due to or arising out of (i) the data, information, or material obtained by or through the use of the PlusLink Plugin; (ii) the violation of any rights of another by eKYROS, or any of its subsidiaries, parents, affiliates, officers, agents, partners, and employees; and (iii) use of or inability to use the PlusLink Plugin services provided by eKYROS.
LIMITATION OF LIABILITY: IN NO EVENT SHALL EKYROS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, OR OTHER TORTS.
Termination:
Center Termination - Center may terminate its participation in the PlusLink Program at any time.
eKYROS's Termination —eKYROS may terminate Center's participation in the PlusLink Program for any reason or no reason at any time. A Center's failure to comply with these Terms and Conditions may result in the termination of its participation in the PlusLink Program.
Alternative Dispute Resolution: Any claim or dispute arising from or related to these Terms and Conditions or otherwise concerning or related to Center's participation in the PlusLink Program shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker(R) Ministries (complete text of the Rules is available at www.Peacemaker.net). Judgement upon an arbitration decision may be entered in a court of competent jurisdiction in Tarrant County of the State of Texas, U.S.A. These methods shall be the sole remedy for any controversy or civil arising out of these Terms and Conditions or Center's participation in the PlusLink Program. Center expressly waives its right to file a lawsuit in any civil court related or concerning such a dispute, except to enforce and arbitration decision.
Governing Law: These Terms and Conditions shall be governed by and interpreted under the laws of State of Texas, U.S.A.
Severability: If any of the provisions of these Terms and Conditions are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of these Terms and Conditions as a whole