PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
This Website is an online information service provided by Clinical Trials Advocacy Group and its parent company, Accrual Solutions, Inc. (hereinafter "CTAG") When you are ready to continue, type your Zip Code and click Submit. By providing this information and entering CTAG's website, you are agreeing to the Terms and Conditions and Disclaimer (hereinafter collectively referred to as the "Agreement") outlined below. If you do not agree to the Agreement, please exit this Website immediately.
TERMS AND CONDITIONS:
1. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE AGREEMENT SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND MUST EXIT IMMEDIATELY. CTAG MAY MODIFY THIS AGREEMENT AT ANY TIME, AND ANY MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED AS YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. License. By this Agreement, CTAG grants to you, subject to this Agreement, a limited, non-transferable and non-exclusive license to use the tools, data and documentation, together with all updates and enhancements, which are owned by CTAG and/or its information providers and other licensors.
3. Operating Policies. You agree to comply with all rules that govern your activity in connection with the Website as they may be amended by CTAG from time to time. CTAG may, at its sole and exclusive discretion, add or remove any information and/or communications, content and materials at any time.
4. Term; Termination. This Agreement shall commence upon your accessing the Website. This Agreement may be terminated by CTAG without notice at any time for any reason and may be terminated by you upon notice to CTAG at any time for any reason.
5. Privacy Policy. CTAG respects the privacy of users of this Website and will not disclose to any agency or other party any information provided by you in accessing this Website, unless required by law. Personal Health Information and personal medical information are not collected on this Website, unless the user elects to provide it in order to obtain additional information and/or services. The information, which you elect to provide while using the Website, will then only be disseminated to third parties with your express consent. This privacy policy is effective as of February 15, 2009.
6. Copyright. This Website contains both copyrighted and non-copyrighted material. Restrictions apply when linking to and using copyrighted materials. Works produced by the United States Government are not copyrighted under U.S. law. The Website, its unique functionality, form and delivery are copyrighted by the authors as an "original work of authorship," and as a collective work under the Berne Convention, United States and other copyright laws. Section 106 of the 1976 Copyright Act provides that CTAG holds the copyright in the collective work and maintains the exclusive rights to use and to authorize others to access utilize and reproduce the contents of the Website. The collective work includes content which is the property of CTAG and which is protected by copyright and other intellectual property laws. You may utilize and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material solely for your own non-commercial use. Any appropriation, imitation, redistribution, retransmission or publication of any material on this Website for any use other than; (1) personal, and (2) non-commercial use is strictly prohibited without the express written consent of CTAG.
7. Non-Circumvention. You agree, as a user of this Website, for the Term of the Agreement and for a period of one year following the Termination of this Agreement for any reason, that you will not, directly or indirectly, in any manner, whether with or without cause; (1) have any business relationship in any manner or capacity which involves or affects or which competes directly or indirectly with CTAG or this Website, or (2) request, suggest, intimate or advise any other users withdraw, curtail, limit or cancel their dealings with CTAG.
8. Governmental Information. With respect to information obtained by CTAG from the United States Government (complete terms of use may be read at http://clinicaltrials.gov/ct2/info/terms), CTAG makes the following disclosures as to the publication and distribution of governmental data; (1) the source of the data is ClinicalTrials.gov; (2) the data is updated such that the content is current in relation to ClinicalTrials.gov; (3) the date the data was processed by ClinicalTrials.gov is displayed for the user; (4) any modifications made to the content of the data, along with a complete description of the modifications is included as part of the Website. CTAG does not assert any proprietary rights to any portion of the United States Government, nor does CTAG represent the database or any part thereof to anyone as other than a United States Government database. Further, the ClinicalTrials.gov data carries an international copyright outside the United States, its Territories or Possessions. Some additional ClinicalTrials.gov data may be subject to the copyright of third parties and you should consult these entities for any additional terms of use.
9. Indemnification. You agree to indemnify, defend and hold harmless CTAG, Accrual Solutions and their subsidiaries, officers, directors, employees, agents, suppliers, licensors and any and all additional service providers from and against all losses, claims, causes of action, judgments, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to or arising out of your access of the Website and utilizing its services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. Medical Information. It is not the intention of CTAG to provide specific medical advice, but rather to provide you with information to better understand your health and your diagnosed disorders, if any. Specific medical advice will not be provided, and CTAG urges you to consult with a qualified physician for diagnosis and for answers to your personal questions.
11. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. You agree that any legal action or proceeding between CTAG and you for any purpose concerning this Agreement or the parties' obligations hereunder, or your use of the Website, shall be brought exclusively in a court of competent jurisdiction sitting in the City and County of Denver, Colorado. You agree that any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after your first use of the Website. CTAG's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CTAG may assign its rights and duties under this Agreement to any party at any time without notice to you. CTAG is a registered service mark. Other trademarks and service marks appearing on the Service may be owned by other parties including third parties not affiliated with CTAG.
12. Survival. The provisions of Section 6 (Copyright), Section 7 (Non-Circumvention), Section 8 (Governmental Information), Section 9 Indemnification), Section 10 ( Medical Information) and Section 11 (Miscellaneous), shall survive any termination of this Agreement.
DISCLAIMER:
Users of this website should be aware that information about health care changes constantly; consequently this website may not contain the most recent information. CTAG reserves the right to update or change information contained in this website at any time. The information contained in the Website is presented in a manner so as to provide and promote a broad understanding and knowledge of health care topics, including clinical trials. The information should not be considered complete and should never be used as a substitute for a visit, call, consultation or the advice of your physician or other health care provider. CTAG, under no circumstances, recommends the self-management of health problems. Information obtained by using the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. The use of this website does not create a physician-patient relationship and does not obligate CTAG to follow-up or contact users of the Website.
Information accessed through this Service is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby disclaimed. CTAG makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information.
CTAG cannot and does not warrant against human and non-human errors, omissions, delays, interruptions or losses, including loss of data. CTAG cannot and does not guarantee or warrant that files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
CTAG is not responsible for information appearing at hyperlinks. CTAG is not responsible for the availability or content of these external sites, nor does CTAG endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites.