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Clinical Trial Search

Effective Date: July 1st 2010

Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Clinical Trial Search, Inc. does not provide medical advice, diagnosis or treatment.

The contents of the clinicaltrialsearch.org website and the Clinical Trial Search, Inc. application, and any text, graphics, images, and other material contained on the clinicaltrialsearch.org website ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician with any questions you may have regarding a clinical trial. The clinicaltrialsearch.org web site and the Content are provided on an "as is" basis.

This is a binding agreement ("Agreement") between Clinical Trial Search, Inc. and the user (“user”) of the clinicaltrialsearch.org website and the Clinical Trial Search, Inc. application and governs the use of the website (www.clinicaltrialsearch.org) (the "Site" or "Sites"), including, without limitation, all content such as text, information, images, online community, software and other information, services and materials (collectively, the "Materials") and all information made available to You or by You through this Site by Clinical Trial Search, Inc. and/or third parties.

OWNERSHIP OF MATERIALS

All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of Clinical Trial Search, Inc. unless indicated otherwise. Clinical Trial Search, Inc. retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Clinical Trial Search, Inc.'s prior written permission. Clinical Trial Search, Inc. Blog, Clinical Trial Search, Inc. logos are trademarks and the property of Clinical Trial Search, Inc.. All other names and trademarks are the property of their respective holders. clinicaltrialsearch.org and its Materials and services are covered by one or more pending U.S. and foreign patent applications.

USE LICENSE

Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with this Agreement and current Clinical Trial Search, Inc. policies. You agree to prevent any unauthorized copying of the Materials or information.

TERMINATION OF THIS USE LICENSE

Clinical Trial Search, Inc. may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Site.

SECURITY

This Site is intended by Clinical Trial Search, Inc. to require a valid, working e-mail address and password to access and use the Materials on the Site. Certain other Materials or functionalities on the Site may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Clinical Trial Search, Inc. in writing of any need to deactivate an ID due to potential or actual security concerns. Clinical Trial Search, Inc. is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify Clinical Trial Search, Inc. in writing of any unauthorized use of Your ID.

MEDICAL DISCLAIMERS

The Materials available through this Site are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Neither the content nor any other service offered by or through this site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Clinical Trial Search, Inc., is not responsible or liable for any claim, loss, or damage arising from the use of the information. Clinical Trial Search, Inc. does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the site. A user’s reliance upon the Materials obtained or used at or through this Site is solely at the user’s own risk.

PATIENT DATA AND LEGAL COMPLIANCE

The Materials provided through the Site may enable the transmission, storage, review or recite of confidential health information seekers clinical trial search results ("Clinical Trial Search Results”). State and Federal laws, as well as ethical and licensure requirements of the health care profession may impose obligations with respect to confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. The user represents and warrants that they will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Clinical Trial Search Results, and use best efforts to cause all persons or entities under your direction or control to comply with such laws. The user is at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Clinical Trial Search Results transmitted, stored, or received in connection with the clinicaltrialsearch.org, the Materials and any third party site. You agree that Clinical Trial Search, Inc., Clinical Trial Search, Inc.’s collaborative partners, and all other persons or entities involved in the operation of the Materials and functionalities provided through the Site, have the right to monitor, retrieve, store, review and use Clinical Trial Search Results, if applicable, in connection with the operation or use such Materials, and are acting on your behalf in transmitting Clinical Trial Search Results. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CLINICAL TRIAL SEARCH RESULTS OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE AND THE MATERIALS ON THE SITE. Clinical Trial Search, Inc. RESERVES THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO Clinical Trial Search, Inc.) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.

GENERAL DISCLAIMERS

THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL Clinical Trial Search, Inc., ITS PARTNERS, COLABERATIVE PARTNERS, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO USER OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS (5) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION OR "OFF-LABEL" DRUG PRODUCTS WITH REGARD TO THE INFORMATION CONTAINED WITHIN THE SITE OR (6) ANY OTHER FAILURE TO PERFORM BY Clinical Trial Search, Inc.'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER Clinical Trial Search, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Clinical Trial Search, Inc. ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.

INDEMNITY

You agree to defend, indemnify and hold Clinical Trial Search, Inc., its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, and the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.

COOPERATION WITH GOVERNMENT AUTHORITIES

If necessary and in accordance with applicable law, Clinical Trial Search, Inc. will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, Clinical Trial Search, Inc., its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.

LINKS TO OTHER MATERIALS

The linked sites are not necessarily under the control of Clinical Trial Search, Inc. is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Clinical Trial Search, Inc. reserves the right to terminate any link or linking program at any time. Clinical Trial Search, Inc. has selected the links for our user’s convenience. The selection or omission of links is not intended to endorse any particular companies or products. If the user decides to access any of the third party sites linked to this Site, the user does this entirely at their own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Clinical Trial Search, Inc. shall not be responsible for notification of any change in name or location of any information of the Site. Clinical Trial Search, Inc. reserves the right to request any web site administrator to disable or remove any link that violates any rights of Clinical Trial Search, Inc. causes interruption or deterioration of Materials provided by Clinical Trial Search, Inc.. Failure to abide by this request shall be dealt with as provided in this section.

APPLICABLE LAWS

This Site is operated from its offices within the State of California. Clinical Trial Search, Inc. makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The User may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of California.

DISPUTE RESOLUTION

Any dispute between State of California and the User arising out of this Agreement shall be resolved first by direct communication with one or more of Clinical Trial Search, Inc.'s management team members. Should Clinical Trial Search, Inc. and User be unable to resolve the dispute by communication and both User and Clinical Trial Search, Inc. jointly agree to do so, Clinical Trial Search, Inc. or User may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Clinical Trial Search, Inc.'s headquarters and pursuant to California law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

ENTIRE AGREEMENT

This Agreement, and any other Clinical Trial Search, Inc. policy which is incorporated herein by this reference, contains the entire agreement between the User and Clinical Trial Search, Inc. relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) statements of any of Clinical Trial Search, Inc.'s employees. Clinical Trial Search, Inc. reserves the right to make changes to this Agreement at any time without advance notice. Clinical Trial Search, Inc. agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times the User’s responsibility to read the most current form of this Agreement before using the Site to ensure that the Users agreement to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

TERMINATION

Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of this Agreement. Clinical Trial Search, Inc. may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 9, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 25 and 27 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Clinical Trial Search, Inc. reserves the right to discontinue or make changes to the Site and/or Materials at any time.

ASSIGNMENT

Clinical Trial Search, Inc. may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Clinical Trial Search, Inc.'s prior written permission. Any attempt by the User to assign Users rights under this Agreement without Clinical Trial Search, Inc.'s permission shall be void.

WAIVER OF BREACH

Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

FORCE MAJEURE

Clinical Trial Search, Inc. shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Clinical Trial Search, Inc. to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Clinical Trial Search, Inc.'s control.

NOTICE

Clinical Trial Search, Inc. may deliver notice to You under this Agreement by means of electronic mail, a general notice on http://clinicaltrialsearch.org, or by written communication delivered by first class U.S. mail or via electronic mail to [email protected] or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Clinical Trial Search, Inc.
4800 Broadway
Suite C
Oakland, CA 94611

If the user object to any material found on this Site, please bring any concerns to the attention of [[email protected]]. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

INVALIDITY

If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

GENERAL

Clinical Trial Search, Inc. and/or its subsidiaries or divisions may revise this Agreement at any time by updating this posting. The user hereby agrees to be bound by this Agreement and any modifications to this Agreement occurring prior to user’s continued use of the Materials or access to the Site. The user should visit this Agreement from time to time to review the current terms of this Agreement because they shall be equally binding. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site.