terms-of-service legal-terms
What is the meaning of &quot;Additionally, and subject to our obligations hereunder and under X&quot;?
<p><strong>Question:</strong> What is the meaning of </p>

<blockquote>
  <p>"Additionally, and subject to our obligations hereunder and under X"</p>
</blockquote>

<p>?</p>

<p><strong>Background:</strong>  The following section is part of a Terms of Use statement.
The rights that the user grants the company contradict the Data Sharing and Protection Policy: </p>

<blockquote>
  <p>"Additionally, and subject to our obligations hereunder and under our
  Data Sharing and Protection Policy with respect to any protected
  health information (“PHI”), you grant [the company some rights that
  contradicts the Data Sharing and Protection Policy.]”</p>
</blockquote>

<blockquote>
  <p>What is the meaning of “Additionally, and subject to our obligations
  hereunder and under X”?</p>
</blockquote>

<p>In terms of the ToS you reproduced, it means that you grant only the rights that are <strong>not</strong> in conflict with the "PHI" portions of their Data Sharing and Protection Policy.</p>

<p>The clause "<em>subject to X</em>" means that <em>X</em> shall not be infringed. And the language "<em>subject to X with respect to Y</em>" is a <em>qualified</em> condition: <em>X</em> may be infringed except for <em>Y</em>.</p>
