Terms of use

clinicalRSVP Terms Of Use

Last updated on October 01, 2009

By accessing and using the clinicalRSVP website, www.clinicalRSVP.com (the “website”), you are agreeing to be legally bound by these Terms of Use. By using the clinicalRSVP website, you represent that you are 16 years or older and agree to abide by the following Terms of Use. If any of these terms are unacceptable to you, you may not access the clinicalRSVP website until agreement has been reached between you and Independent Data Integrator, LLC. (IDI) as to the applicable terms of use. The terms “you” and “user” refer to anyone who accesses the clinicalRSVP website.

As you browse through the clinicalRSVP sites you may access other websites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages.

IDI may change these Terms of Use at any time without notice. Changes will be posted at www.clinicalRSVP.com under “Terms of Use.” Your use of the website after any changes have been posted will constitute your agreement to the modified Terms of Use and all the changes. Therefore, you should read these Terms of Use from time to time for changes.

It is advised that you also read the clinicalRSVP Privacy Policy.

   1. Use of the clinicalRSVP Website

IDI hereby grants you a non-exclusive, non-transferable, limited license to access and use the website for the fees, if applicable, and under the terms set forth below.

The website and the content, including, but not limited to, text, data, reports, ratings and other opinions, images, photos, graphics, graphs, charts, animations and video (the “content”), displayed on the website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any content, in whole or in part, from the website or to display, perform, publish, distribute, transmit, broadcast or circulate any content to anyone, or for any commercial purpose, without the express prior written consent of IDI.

The content is the property of IDI and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the website and within the content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the website may be registered or unregistered marks of IDI or others. Nothing contained on this website should be construed as granting any license or right to use any of the Marks displayed on the website without the express written permission of IDI or a third party owner of such Marks. Any unauthorized uses of the Marks or any other content are strictly prohibited.

You may not post any content from the website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards or other websites, without the prior written consent of IDI. To request consent for other matters, you may contact IDI at contact@clinicalRSVP.com.

You may not use the website for any unlawful purpose. You shall honor all reasonable requests by IDI to protect IDI proprietary interests in the clinicalRSVP website.

   2. clinicalRSVP System Restrictions

Customer shall access and use the clinicalRSVP System solely from within the United States and Canada.

Customer shall use the clinicalRSVP System and any all data obtained by Customer via the clinicalRSVP System solely for Customer’s internal use and strictly in accordance with the terms and conditions of the Agreement, including, without limitation, the Terms of Use, Privacy Policy and EULA. Customer shall not assign, rent, lease, sublicense or transfer any data obtained by Customer via the clinicalRSVP System.

The clinicalRSVP System is licensed as a single product and its component parts may not be separated.

Customer shall not alter, merge, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce to a human-perceivable form any Scanner Software, or any other software relating to the clinicalRSVP System, or any part thereof, except as permitted by law. Customer shall not create derivative works based upon any Scanner Software, or any other software relating to the clinicalRSVP System, or any part thereof.

Customer shall not assign, rent, lease, sublicense or transfer any right or obligation of Customer with respect to the clinicalRSVP System or the Terms of Use.

Customer shall not attempt to register, register, or infringe any of Company’s Intellectual Property Rights in the clinicalRSVP System, clinicalRSVP Database, clinicalRSVP Software and/or Documentation.

The clinicalRSVP System is not fault-tolerant. The clinicalRSVP System is not designed or intended for use in any situation where failure or fault of any kind of the clinicalRSVP System, or any part of the clinicalRSVP System, could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Customer is not licensed to use the clinicalRSVP System in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act. Customer agrees not to use the clinicalRSVP System in, or in connection with, any High Risk Use.

   3. Limitation on IDI Warranties and Liability

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the website. If you are dissatisfied with the content or the website or with these Terms of Use, your sole and exclusive remedy is to stop using the content and the website. IDI will not pay you any damages in connection with your browsing or use of the website.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT IDI HAS NOT AND WILL NOT MAKE ANY INDEPENDENT INVESTIGATION OF OR VALIDATE ANY RESEARCH SUBJECT DATA SUBMITTED TO COMPANY BY CUSTOMER OR ANY OTHER CUSTOMER OF COMPANY, AND COMPANY HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY FOR ANY USE OF ANY INFORMATION DOWNLOADED OR OTHERWISE RECEIVED BY CUSTOMER PURSUANT TO THE clinicalRSVP SYSTEM WITH RESPECT TO RESEARCH SUBJECT DATA.

YOU UNDERSTAND AND EXPRESSLY AGREES THAT USE OF THE clinicalRSVP SYSTEM IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE USE OF THE clinicalRSVP SYSTEM IS DOWNLOADED OR OBTAINED AT CUSTOMER’S SOLE DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO CUSTOMER’S NETWORK OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING, OBTANING OR FAILURE TO SAVE SUCH MATERIAL AND/OR DATA.

   4. Links to Other Websites

You may, through hypertext or other computer links, gain access to websites operated by persons other than IDI. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites’ owners. You agree that IDI is not responsible for the content or operation of such websites, and that IDI shall have no liability to you or any other person or entity for the use of third party websites. A hyperlink from this website to another website does not imply or mean that IDI endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from clinicalRSVP. IDI assumes no responsibility for the use of third party software on the clinicalRSVP site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

   5. Timeliness of Content

The content displayed on the website, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice.

   6. Additional Legal Terms

This Agreement will continue until terminated by either IDI or you. Either party can terminate the Agreement by notifying the other party by written notice of the decision to terminate. IDI may discontinue or change the clinicalRSVP website or its availability to you, at any time.

   7. Anti-Hacking Provision

You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify the website or any content. You may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about others, including passwords, account or other information.