Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2023-03-06

1. OVERVIEW

This Universal Terms of Service Agreement (this "Agreement") is entered into by and between 42 North Marketing LLC., registered address 2420 Delta Ln. Elk Grove Village, IL 60007 ("42 North Marketing") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services"), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including 42 North Marketing LLC Privacy Policy and the applicable product agreements, which are incorporated herein by reference:

The terms "we", "us" or "our" shall refer to 42 North Marketing. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 42 North Marketing may, at its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, 42 North Marketing may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your 42 North Marketing customer’s account ("Account") information current and up to date. 42 North Marketing assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address provided by you.

2. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Republic of Lithuania or other applicable jurisdiction in which Services may be purchased. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, 42 North Marketing discovers that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. 42 North Marketing shall not be liable for any direct on indirect losses or damage resulting from 42 North Marketing’s reliance on any instruction, notice, document or communication reasonably believed by 42 North Marketing to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, 42 North Marketing reserves the right (but undertakes no duty) to request additional authentication / confirmation from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your Account or the Services, whether or not authorized by you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to 42 North Marketing that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. We may limit your access to our Services until we’re able to verify your account information (such as your e-mail address or payment information). If 42 North Marketing has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, 42 North Marketing reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, 42 North Marketing recommends that you change your password at least once every six (6) months for each Account. Do not share or misuse your Account access and login details. You must notify 42 North Marketing immediately of any breach of security or unauthorized use of your Account. 42 North Marketing will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss 42 North Marketing or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

When you create a 42 North Marketing Account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing, promotions). If you are not interested, you can opt out of the marketing communications, whether it is an email, phone call, or text message.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you confirm that you are aware of and consent to such transfers.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent or other applicable legal ground where allowed by applicable law.
You will not use this Site or the Services in a manner (as determined by 42 North Marketing at its sole and absolute discretion) that:
1. Is illegal, or promotes or encourages illegal activity;
2. Promotes, encourages or engages in child pornography or the exploitation of children;
3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
5. Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
6. Infringes the intellectual property rights of another User or any other person or entity;
7. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
8. Interferes with the operation of this Site or the Services found at this Site;
9. Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
10. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding 42 North Marketing or 42 North Marketing’s Services.
You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by 42 North Marketing.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not access 42 North Marketing Content (as defined below) or User Content through any technology or means other than through this Site itself, or as 42 North Marketing may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. 42 North Marketing does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not re-sell or provide the Services for a commercial purpose, including any of 42 North Marketing’s related technologies without 42 North Marketing’s express prior written consent.
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
You are aware and do not object that 42 North Marketing may from time-to-time call you about your Account and/or purchased Services. You will be informed about recording of such calls, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which 42 North Marketing or 42 North Marketing’s affiliate is a party.
By contracting a 42 North Marketing product that provides free or paid access to Titan Mail, you agree to Titan's Terms of Service and also to its Privacy Policy.

42 North Marketing reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

5. LICENSE TO USE

42 North Marketing owns and will continue to own our Services, including all related intellectual property rights. We may make templates, software components available, via Site or other channels, as part of the Services. We grant to User a non-sublicensable, non-transferable, non-exclusive, limited license ("theLicense") to use these templates components, but solely as necessary to use the Services and in accordance with the Agreement. All of our rights not expressly granted by this License are hereby retained. The License shall remain valid while the User uses the Services and has active subscription to Services. License shall be terminated when User stops use of Services and/or 42 North Marketing suspends or terminates provisions of Services or User Account. 42 North Marketing reserves the right to terminate the License without additional notice to the User if User breaches terms of this Agreement.

6. YOUR USE OF 42 North Marketing CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section apply specifically to your use of 42 North Marketing Content and User Content posted to 42 North Marketing’s corporate websites (i.e., those sites which 42 North Marketing directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

42 North Marketing Content
Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("42 North Marketing Content"), are owned by or licensed to 42 North Marketing in perpetuity, and are subject to copyright, trademark, and/or patent protection in Lithuania, European Union and foreign countries, and other intellectual property rights under Lithuanian, EU and foreign laws. 42 North Marketing Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of 42 North Marketing. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. 42 North Marketing reserves all rights not expressly granted in and to the 42 North Marketing Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

User Content
Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to 42 North Marketing that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute, or because you have the appropriate obtained distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security
You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any 42 North Marketing Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the 42 North Marketing Content or the User Content therein.

7. 42 NORTH MARKETING USE OF USER CONTENT

The provisions in this Section apply specifically to 42 North Marketing’s use of User Content posted to 42 North Marketing corporate websites (i.e., those sites which 42 North Marketing directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it, including obligation to ensure that User Content does not infringe any applicable laws, third party intellectual property rights.

With Respect to User Submissions. You acknowledge and agree that:

Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate 42 North Marketing to treat your User Submissions as confidential or secret.
42 North Marketing has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
42 North Marketing may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

42 North Marketing shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site or otherwise submitted to 42 North Marketing and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site or otherwise submitted to 42 North Marketing for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions)
If you have a website or other content hosted by 42 North Marketing, you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize 42 North Marketing to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant 42 North Marketing a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and 42 North Marketing’s (and 42 North Marketing’s affiliates’, including 42 North Marketing Group companies) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. You understand and agree, however, that 42 North Marketing may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, 42 North Marketing shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or 42 North Marketing’s (or 42 North Marketing’s affiliates’) business(es).

8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

42 North Marketing generally does not pre-screen User Content (whether posted to a website hosted by 42 North Marketing or posted to this Site). However, 42 North Marketing reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. 42 North Marketing may remove any item of User Content (whether posted to a website hosted by 42 North Marketing or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by 42 North Marketing at its sole and absolute discretion), at any time and without prior notice. 42 North Marketing may also terminate a User’s access to this Site or the Services provided by 42 North Marketing if 42 North Marketing has reason to believe the User is a repeat offender. If 42 North Marketing terminates your access to this Site or the Services provided by 42 North Marketing, 42 North Marketing may, at its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

9. ADDITIONAL RESERVATION OF RIGHTS

42 North Marketing expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by 42 North Marketing at its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by 42 North Marketing in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court or competent authority orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of 42 North Marketing, its officers, directors, employees and agents, as well as 42 North Marketing’s affiliates, including, but not limited to, instances where you have sued or threatened to sue 42 North Marketing.

42 North Marketing expressly reserves the right to terminate, without notice to you, any and all Services where, determined at 42 North Marketing’s sole discretion, you are harassing or threatening 42 North Marketing and/or any of 42 North Marketing’s employees, agents, third party service providers.

10. NO SPAM

No Spam. We do not tolerate any transmissions of spam messages, e-mails or other notifications. We monitor all traffic to and from our web servers for indications of spamming. Users suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using WhatsApp, Facebook Messenger, Viber, Telegram, AOL, MSN, Yahoo or any other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Facsimile Solicitations
Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only comply with by all applicable laws and regulations, but you must also comply with the terms of this Agreement, including this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, user must provide conclusive proof of opt-in for an email address or fax number to which commercial advertising is being sent.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until the user responds. The registrant or user will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question and/or terminate or suspend the provision of Services or any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email due to material breach of this Agreement and the no spam policy.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email info@caribbeanmedicalschool.com.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services provided by 42 North Marketing may contain links to third-party websites that are not owned or controlled by 42 North Marketing. 42 North Marketing assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, 42 North Marketing does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release 42 North Marketing from any and all liability arising from your use of any third-party website. Accordingly, 42 North Marketing encourages you to be aware when you leave this Site or the Services provided by 42 North Marketing and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". 42 North Marketing, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 42 North Marketing, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND 42 North Marketing ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY 42 North Marketing, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services provided by 42 North Marketing.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL 42 North Marketing, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, TO THE MAXIMUM EXTENT ALLOWED FOR BY APPLICABLE LAW, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT 42 North Marketing IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred, except where such agreement is not permitted by applicable law. In the latter case, limitation periods provided for by applicable law apply.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall 42 North Marketing’s total aggregate liability exceed $10,000.00 U.S. Dollars.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services provided by 42 North Marketing.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless 42 North Marketing and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by 42 North Marketing directly or indirectly arising from (i) your use of and access to this Site or the Services provided by 42 North Marketing; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; and/or (iv) your violation of any applicable law. The indemnification obligations under this section shall not be capped or limited by any amount and shall survive any termination or expiration of this Agreement or your use of this Site or the Services provided by 42 North Marketing.

Notwithstanding anything contained in this Section, (i) an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel; and (ii) no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (a) the third party asserting the claim is a state authority, (b) the settlement arguably involves the making of admissions by the indemnified parties, (c) the settlement does not include a full release of liability for the indemnified parties, or (d) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.

15. DISCONTINUED SERVICES; END OF LIFE POLICY

42 North Marketing reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although 42 North Marketing makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by 42 North Marketing, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, 42 North Marketing will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by 42 North Marketing in its sole and absolute discretion. 42 North Marketing may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No Liability. 42 North Marketing will not be liable to you or any third party for any direct or indirect losses incurred by you or any third parties due to modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

16. DATA. PRIVACY. DATA SECURITY.

Data Protection and Security. You will not provide us any personal information with respect to Your clients, visitors, end-users (Users of Users). However, you acknowledge that 42 North Marketing may in certain limited cases have access to such information and communications systems for the purposes set forth in this Agreement. In cases of such limited access 42 North Marketing will not become controller of any such data. You, when controlling and operating your websites in relation to Services, shall be considered as the data controllers of such personal data of Users-of-Users for the purposes of General Data Protection Regulation (EU) 2016/679) (GDPR). You shall be responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by GDPR, which may be applicable to any personal information, data or content collected through, stored or otherwise processed in relation to Hosting Services on your website or server content). You are and shall remain responsible for safety, legality, integrity and authorized usage of your Users-of-Users’ personal data, and for obtaining consents, permissions and providing fair processing notices required for processing of such information.

You shall be solely responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by General Data Protection Regulation (EU) 2016/679) (GDPR), which may be applicable to any personal information, data or content collect through, stored or otherwise processed in relation to Services on your website or server content.

You shall at all times remain data controller of any such personal data without any liability of whatsoever nature to 42 North Marketing.

You will not provide us any personal information with respect to Your clients, visitors, end-users. You acknowledge that 42 North Marketing may in certain limited cases have access to information and communications systems for the purposes set forth in this Agreement. However, in cases of such limited access 42 North Marketing will not become controller, processor, sub-processor or receiver of any such data.

Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organizational and technical security measures sufficiently protecting personal data stored or processed on your website or server. Consequently, you will be solely responsible for all and any data breaches, incidents and similar violations pertaining to such data, unless such data breach has occurred solely due to technical failures, malfunction or errors of the servers and resources, which 42 North Marketing has expressly warranted to secure to You and assume liability for such failures, malfunction or errors.

We do recommend that you publish and maintain clear and comprehensive privacy policies and related statements on your website, in accordance with requirements of GDPR, applicable laws and regulations, and that all Users-of-Users read and agree to those policies.

Data processing clauses. In case, disregarding our understanding that 42 North Marketing does not act as processor of any data or information hosted, stored or housed in the servers, User Content or in relation to Services, certain limited personal data processing activities are found to be carried out by 42 North Marketing in respect of the personal data of Users-of-Users, the following data processing clauses shall apply between 42 North Marketing and you: (1) 42 North Marketing shall process personal data only according to your documented written instructions or only as mandatorily required by law; (2) make best efforts to implement reasonably available technical and organisational measures in order to ensure that personal data processing carried out complies with the requirements of GDPR and personal data protection legislation as regards security of processed personal data; you understand that the fact that available technical and organisational measures will be implemented in itself does not guarantee full and complete security, safety and integrity of personal data; by accepting this Agreement, you shall also be deemed to accept the quality of Services, security level of platform and their suitability for your needs; (3) upon your request, 42 North Marketing will take reasonable measures to discontinue data processing after expiry of the Agreement and, if required by you and unless otherwise provided in applicable legislation, take reasonable measures to erase or in any other way make inaccessible and unusable or return to you all available personal data; (4) you shall undertake to ensure that personal data are collected and processed lawfully, are accurate, relevant and adequate, and that your instructions to 42 North Marketing are lawful, accurate, relevant, comply with the GDPR and personal data protection legislation; you shall notify data subjects of their data processing and transfer to 42 North Marketing in accordance with the requirements of GDPR and personal data protection legislation; (5) you grant 42 North Marketing a general authorisation to engage other processors, sub-processors and service providers in the processing of personal data controlled by the you; such authorization shall encompass our right to: (i) store and transfer personal data to recipients, organised both within and outside European Union and/or European Economic Area; (ii) sign data transfer and data processing agreements with recipients, organised both within and outside European Union and/or European Economic Area; (6) you shall be solely responsible for handling the data subject requests received from Users-of-Users or in relation to their personal data; if requested by you to remove any information pertaining to Users-of-Users’ personal data, we will respond to such request within thirty (30) days, unless more time is required for such request to be duly handled; (7) 42 North Marketing shall provide reasonable assistance where required to assist you with obligations arising out of Art. 32-36 of GDPR; however, such assistance is subject to separate agreement between 42 North Marketing and you as well as to additional costs. Cost of such assistance is not included in the price paid for Services; (8) you have the right to request 42 North Marketing to provide evidence that 42 North Marketing complies with the terms of these Data processing clauses (right to audit); you agree that provision of written certification that 42 North Marketing has implemented required technical and organisational security measures shall be deemed as satisfying your right to audit; (9) overall responsibility of 42 North Marketing hereunder shall be limited to the amount of remuneration for the last 6 (six) months paid to 42 North Marketing for the Services under the Agreement; (10) 42 North Marketing reserves the right to charge you for any additional actions, assistance or services which are not included in the scope of Services.

When providing hosting and other services, your personal data as well as personal data of your Users-of-Users might be transferred to data recipients established in third countries. Some of our servers are located outside EU or European Economic Area (EEA), therefore, depending on your choice or the services, your personal data as well as personal data of your users might be transferred to processors sub-processors or other data recipients established in third countries (i.e., data centers and servers, located outside EU or EEA (such as US, Brazil, Singapore, Indonesia). We will ensure that the said personal data will be transferred only if there is a sufficient basis for this under the GDPR and other applicable legal acts. For such transfers to be compatible with the requirements of GDPR, we have (i) concluded with the data processors and/or sub-processor relevant agreements on such data transfers outside EU or EEA, which comply with the European Commission approved standard contractual clauses for data transfers from data controllers in the EU to data controllers established outside the EU or European Economic Area (EEA); for the said purposes and to the extent relevant we have deemed that the said agreements were concluded on your behalf and under your instructions, as the case may be, or (ii) the data is transferred on other legal grounds compatible with the requirements of GDPR (Art. 45-49).

We remind you that while 42 North Marketing puts reasonable effort to ensure that all data transfers ensure the security of data and comply with requirements of applicable data protection legislation, you agree to remain solely responsible for such data transfers against Users-of-Users.

In certain situations, 42 North Marketing may be asked to disclose personal data in response to lawful requests by public authorities, other competent authorities, including when it is required to meet national security or law enforcement requirements, and will do so where permitted by local data protection laws.

When accepting the terms of the Agreement, you shall also be deemed to have read, understood and accepted the terms and conditions of the data processing clauses, which shall be applicable in relations between us and you in accordance with Articles 28, 29, 32 of GDPR.

For more information on how Users-of-Users Information may be processed, please see 42 North Marketing Group Privacy Policy, which may be found at: Privacy Policy.

17. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

18. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

19. COMPLIANCE WITH LOCAL LAWS

42 North Marketing makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

20. GOVERNING LAW; JURISDICTION; VENUE

This Agreement shall be governed by and construed in accordance with the law of the United States of America, State of Illinois. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of competent courts of the Untied States of America, State of Illinois.

21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

22. MISCELLANEOUS

This Agreement applies to any use of the Site or Services. Depending on the specific purchased Service, additional terms and conditions may apply, with which you will be familiarized and you will be required to agree when purchasing that particular Service.

23. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

42 North Marketing International Ltd.
2420 Delta Ln., Elk Grove Village, IL 60007
info@caribbeanmedicalschool.com