TERMS OF USE
Last Updated: July 15, 2021
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Welcome to HealthCorps.org. Please read these Terms of Service carefully before using the services offered by HealthCorps, Inc. (“HealthCorps”, “us”, “we”).
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These Terms of Service (this “Agreement”) sets forth the terms and conditions of our relationship and govern your use of the HealthCorps.org website (the “Site”) and the services, features, content, and applications offered by HealthCorps and any other services provided by HealthCorps (collectively, the “Services”). By accessing HealthCorps.org you agree to be bound by the terms of this Agreement, which also incorporate HealthCorps’ Privacy Policy.
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YOU ACKNOWLEDGE AND AGREE THAT HEALTHCORPS DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU OR YOUR CHILD MAY BE IN NEED OF MEDICAL TREATMENT, CONSULT YOUR DOCTOR OR, IN THE EVENT OF AN EMERGENCY, CALL 911.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST HEALTHCORPS TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HEALTHCORPS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Services.
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General Agreement between HealthCorps and You
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HealthCorps may make changes to this Agreement from time to time without specifically notifying you. HealthCorps will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement. If you do not accept updated versions of the Site and Services, HealthCorps shall not bear any responsibility or liability for your decision.
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In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by HealthCorps from time to time, and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
What Laws and Rules You Are Responsible for Following
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You are responsible for all of your activity in connection with the Site and the Services, including abiding by all applicable local, state, national and international laws and regulations applicable to you. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
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You understand HealthCorps may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that HealthCorps reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
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You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
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You agree that HealthCorps may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments.
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You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
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You will not harvest or scrape any content or materials from the Site and Services.
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You will not knowingly transmit false or misleading information through the Site or the Services.
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You will not use the Site and Services in any manner that: infringes (or results in the infringement of) HealthCorps’ or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause HealthCorps to be in violation of any law or regulation, or to infringe any right of any third party.
We are not responsible for third party sites and content
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You understand the Site and the Services may contain (or you may receive from HealthCorps or third parties) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
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You understand and agree that HealthCorps is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that HealthCorps is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
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You acknowledge and agree that HealthCorps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Site and Services is owned by the provider of that content.
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All content and data related to the Site and the Services are the property of HealthCorps and are protected under applicable copyright law, trademark law and other proprietary rights.
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You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
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You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services, except as otherwise set forth herein or the terms of an applicable written agreement between us.
You may submit information to us for limited purposes
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You may use the Contact Us page to make a donation, become a strategic partner, request HealthCorps in your school, apply for a position with HealthCorps or send suggestions or questions about areas of the site directly to the editorial staff.
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We welcome your feedback on our Services. You acknowledge and agree that by providing HealthCorps with suggestions, ideas, notes, drawings, concepts, inventions, or other information (collectively, the “Feedback”), you thereby grant HealthCorps a perpetual, royalty-free, irrevocable, worldwide, fully sublicensable and transferable, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise use the Feedback in any media or medium, or any form, format, or forum now known or hereafter developed. Do not submit Feedback to us if you do not agree to provide the foregoing license.
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You are fully responsible for your own submissions to us and any resulting consequences. You may not send us: (a) copyrighted material unless you are the copyright owner or have the permission of the copyright owner to provide it us to in accordance with the terms of this Agreement; (b) material that reveals confidential information without the appropriate consents, (c) material that infringes on or violates any other intellectual property rights or privacy rights of any third party; (d) material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (e) sexually explicit or other inappropriate images; (f) advertisements or solicitations of business; (g) chain letters, pyramid schemes, or other fraudulent or misleading communications; or (h) material that impersonates or appears to impersonate another person.
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HealthCorps and Dr. Mehmet Oz do not accept unsolicited materials. You therefore may not use HealthCorps.org or the contact information on the Site for the purpose of sending unsolicited manuscripts, photographs, videotapes, audio recordings, or other concepts to HealthCorps and/or Dr. Mehmet Oz.
You may not use trademarks appearing on the Site or Services in an infringing manner
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You agree that HEALTHCORPS, HEALTHCORPS.ORG, the HealthCorps apple/heart logo, and the HealthCorps graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of HealthCorps or its affiliates (“Trademark Content”).
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HealthCorps trademarks and trade dress may not be used in connection with any product or service that is not HealthCorps’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HealthCorps.
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All other trademarks not owned by HealthCorps or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HealthCorps or its affiliates.
You may use the HealthCorps Site and Services for limited, noncommercial purposes
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HealthCorps grants you a limited license to access and make personal use of the Site and the Services.
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HealthCorps does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
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You understand HealthCorps does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
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You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
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You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of HealthCorps and our affiliates without express written consent.
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You may not use any meta tags or any other “hidden text” utilizing HealthCorps’ name or trademarks without the express written consent of HealthCorps. Any unauthorized use terminates the permission or license granted by HealthCorps.
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You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements to the home page of HealthCorps so long as the link does not portray HealthCorps, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
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You may not use any HealthCorps logo or other proprietary graphic or trademark as part of the link without express written permission.
Legal Conditions
HealthCorps liability is limited
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HealthCorps is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by HealthCorps, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
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HealthCorps assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of communications.
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HealthCorps is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Services or Site, including injury or damage to any other person’s computer and/or mobile device.
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Neither HealthCorps nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, whether online or offline.
Disclaimers and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT: (A) YOU ARE RESPONSIBLE FOR YOUR OWN MEDICAL DIAGNOSIS, CARE, TREATMENT, AND OVERSIGHT; (B) ALL OF THE CONTENT PROVIDED ON THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY, DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT; (C) YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR HEALTH; (D) YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE RELATING TO TREATMENT OR STANDARD OF CARE BECAUSE OF INFORMATION CONTAINED IN OR TRANSMITTED THROUGH THE SERVICES; AND (E) MEDICAL INFORMATION CHANGES CONSTANTLY, AND THEREFORE THE INFORMATION ON THE SERVICES SHOULD NOT BE CONSIDERED CURRENT, COMPLETE OR EXHAUSTIVE, NOR SHOULD YOUR RELY ON SUCH INFORMATION TO DIAGNOSE YOURSELF OR ANY OTHER INDIVIDUAL.
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, COMPATIBILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SITE AND SERVICES OR ANY INFORMATION OR CONTENT CONTAINED THEREIN AND COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVERS, NETWORKS, AND OTHER SYSTEMS THAT MAKE THE SITE OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, AND OTHER SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THE COMPANY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL HEALTHCORPS OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, CONTENT, SERVICES, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. HEALTHCORPS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You agree to indemnify HealthCorps
You agree to indemnify, defend, and hold harmless HealthCorps, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, (2) your violation of any law or the rights of any third party, or (3) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
You represent and warrant that you will use the Site and Services in accordance with the Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
Other Terms
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You and HealthCorps agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
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You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTHCORPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
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You agree any arbitration shall take place in New York County in the State of New York and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
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If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
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A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
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HealthCorps may assign its rights under this Agreement without condition.
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This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.