The Effective Date of this Agreement is June 1, 2020
Policy Lab reserves the right, in its sole discretion, to modify or add to this Agreement at any time, for any reason, with or without notice to you (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Website. We may provide notice of significant changes to this Agreement as required by law.
Your use of the Services following the posting of any Updated Terms constitutes your unconditional acceptance and agreement to be bound by those changes. You must cease using the Services immediately if you do not agree to be bound by the Updated Terms.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Services from that point forward.
OVERVIEW OF THE SERVICES
Policy Lab agrees to provide you with the Services subject to the terms and conditions of this Agreement. Policy Lab’s Services include (i) hosting a website that provides information about clinical trials and related health information (ii) collecting and classifying Personal Information (“Results”) to be used to inform relevant interested users of health information and clinical trials in the area of their health concerns; and (iii) using Policy Lab’s Results to connect health organizations with relevant interested users to streamline the clinical trial process.
INFORMATION ON THE WEBSITE
THE CONTENT OF THE SERVICES IS PROVIDED SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT PROVIDE MEDICAL OR SIMILAR PROFESSIONAL ADVICE THROUGH THE SERVICES, AND THE INFORMATION SET FORTH HEREIN OR THEREIN IS NOT INTENDED TO, AND SHOULD NOT, REPLACE MEDICAL ADVICE PROVIDED BY YOUR PHYSICIAN OR HEALTHCARE PROVIDER. YOU ARE ENCOURAGED TO SEEK PROFESSIONAL MEDICAL DIAGNOSIS AND TREATMENT FOR ANY MEDICAL CONDITION, AND TO DISCUSS INFORMATION FROM THE WEBSITE WITH YOUR HEALTHCARE PROVIDER. WE HAVE NO CONTROL OVER WEBSITES THAT WE LINK TO, AND THEIR INFORMATION MAY CHANGE WITHOUT OUR KNOWLEDGE. ANY INFORMATION WE PROVIDE IS NO GUARANTEE OF TRIAL AVAILABILITY OR THAT YOU WILL QUALIFY FOR ANY CLINICAL STUDIES, TRIALS OR THE LIKE OR BE ENROLLED IN ANY CLINICAL TRIALS THAT YOU APPLY FOR OR THAT YOU WILL RECEIVE ANY TREATMENT OR GUARANTEE OF SPECIFIC MEDICAL RESULTS OR OUTCOMES.
USE OF THE SERVICES
You agree to the following conditions for your use of the Services:
- The Services are for personal use only;
- You agree to only provide Personal Information that is truthful, accurate, complete, not misleading, and attributable to you or someone who has consented to you providing their information; and
- Policy Lab reserves the right to refuse Services to anyone, for any reason, at any time.
You shall not:
- Access or try to access non-public areas of the Services, Policy Lab’s computer systems, or the technical delivery systems employed by us for our Services;
- Use any robot, spider, site search/retrieval application(s), or other automated/manual device, process, or means to scrape any portion of the Services or any content from us, including but not limited to, posted items, accounts, Content (as described below), or other user(s) information;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content, or code of the Services;
- Gather and use user information for any purpose outside of this Agreement, including but not limited to, spam, chain letters, pyramid schemes, or any other form of unwanted solicitation
- Transmit any worms or viruses or any code of a destructive nature;
- Develop any third-party applications that interact with the Services without our prior written consent;
- Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
- Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time;
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates this Agreement or any laws in your jurisdiction.
Your License to use the Website. Subject to your compliance with this Agreement, Policy Lab will permit you to access and use the Website solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you may have entered into with us. Policy Lab hereby grants user a nonexclusive, non-assignable, non-transferrable, revocable, limited license to access, interface with, interact with, and use the Services for the limited purpose of gathering information on health topics and clinical trials and providing Personal Information to be used to match user with any possibly available clinical trials within their criteria (“Website License”)..
Your License to the Content. Unless otherwise noted on the Website, all content, data, or other information provided through the Website made by Policy Lab (collectively “Content”) is owned by Policy Lab. You may not, in whole or in part, copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of the Website, or in any other way exploit any of the Content, products, or services contained in the Website without the prior written consent of Policy Lab.
You may be required to establish an account on the Website or other supporting service linked to the Website (an “Account”) to access certain portions of the Website. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for your personal use and each Account ID may be used only by you alone. You may not distribute or transfer your Account or Account ID or provide a third-party with the right to access your Account or Account ID. You are solely responsible for all use of the Website or Content through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen, or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you. We may disable your Account or Account ID in our sole discretion without notice or explanation.
In connection with establishing an Account, you may be asked to submit certain information about yourself (“Registration Information”). You agree that: (1) all Registration Information you provide will be true and complete; and (2) you will maintain and promptly update your Registration Information to keep it accurate and current.
DATA COLLECTION AND USE
Data Compilations and Aggregation. You give Policy Lab permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Policy Lab services. For example, this means that we may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.
International Storage. Policy Lab may access or store personal information in multiple countries and states, including countries and states outside of your own country or state to the extent permitted by applicable law.
Communications Required by Law. Policy Lab may be required by law to send you communications about the Services or third-party products. You agree that we may send these communications to you via email, other direct message, or by posting them on our Services.
INTEGRATION WITH THIRD-PARTY SERVICES
Policy Lab may connect to other websites.
Before using any third-party integrations, you are encouraged to review the terms on the basis of which the relevant third-party provides its product or service that is the subject of the integration; and to review personal and technical security of the product or service that is the subject of the integration. Policy Lab shall rely on the fact that the you have reviewed those materials and consented to their terms in their entirety.
Policy Lab shall not be held liable to and shall not accept any liability, obligation, or responsibility whatsoever for any loss or damage in connection with the third-party integrations. We have no control over such third parties and are not responsible for the content of their services. Policy Lab provides you with third party integrations only for your convenience. This does not imply any endorsement or any association with such third parties. Policy Lab does not warrant the use of the third-party integrations will be uninterrupted or error free. Any concern regarding the third-party services should be directed to the responsible third party.
By using any of third-party integrations, you agree that Policy Lab may allow the providers of those third-party applications access to your data as required for the interoperation of such third-party applications with our Services. Policy Lab shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.
USER ACCEPTS AND UNDERSTANDS THIS RISK AND WAIVES ALL RIGHTS TO HOLD POLICY LAB RESPONSIBLE IN ANY WAY, FINANCIALLY OR OTHERWISE, FOR THIRD PARTY ERRORS AND RESULTS.
Policy Lab reserves the right to investigate, terminate, change, suspend, or discontinue the Services at its sole discretion, including without limitation, the availability of any feature, database, or Content, or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related content.
Users may also terminate this Agreement at any time. However, any obligations and liabilities made by users prior to termination of this Agreement shall be strictly enforced.
INTELLECTUAL PROPERTY RIGHTS, TRADE NAMES AND TRADEMARKS
All rights, title, and interest and all intellectual property rights in and to the materials developed independently by Policy Lab or a third party shall vest in and be the sole and exclusive property of Policy Lab or such third party.
All rights, title, and interest in and to the Services and all intellectual property rights in the Services, including all intellectual property rights in the Results generated by the Services, will remain vested in Policy Lab.
You shall not, at any time, do, permit, or cause to be done, any act or thing that would tend to impair or dilute Policy Lab’s rights in the Services, or Policy Lab’s trademarks, service marks, or trade names.
WARRANTIES AND DISCLAIMERS
You represent and warrant that:
- you have the legal right and authority to enter into this Agreement;
- you have the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
- you are older than the age of 13 years.
- If you are older than 13 years of age, but under 18 years of age, you represent and warrant that a parent or guardian has reviewed this Agreement and consented to its terms, in their entirety, on your behalf.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND POLICY LAB EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POLICY LAB WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION. WE MAKE NO WARRANTY WHATSOEVER THAT THE OPERATION AND AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION ON LIABILITY
POLICY LAB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF POLICY LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. POLICY LAB’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES. IF YOU USE THE FREE LEVEL OF SERVICE, YOU ACKNOWLEDGE THAT, SAVE FOR ANY LIABILITY WE CANNOT EXCLUDE AT LAW, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. YOU AGREE THAT POLICY LAB WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, POLICY LAB’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Policy Lab, their respective officers, directors, agents, and employees from and against any actions, claims, lawsuits, and causes of action, whether or not involving a third party, collectively defined as “Claims”, and all damages, awards, penalties, liabilities, costs, and expenses, including reasonable attorney’s fees arising out of this Agreement or your use of the services. These Claims may be related to, but are not limited to: (a) any Content submitted or posted by you, in connection with the Services, or any use of the Services in violation of this Agreement; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable law or rights of a third-party. We may select and retain counsel to represent Policy Lab at your expense. Without limitation, reasonable attorney’s fees and costs shall include attorney’s fees and costs required to enforce this indemnification provision. You shall promptly notify Policy Lab of any claim or intended suit against us.
For any and all disputes you may have with Policy Lab, you agree to first contact Policy Lab and attempt to resolve the dispute informally. In the unlikely event that Policy Lab has not been able to resolve a dispute within 30 days, you and Policy Lab each agree to resolve any Claim (excluding claims for injunctive or other equitable relief) in connection with the Services, including breach or alleged breach of this Agreement by binding arbitration.
Unless you and Policy Lab decide otherwise, arbitration will be conducted in San Diego, CA. Each party will be responsible for paying its own equally proportionate share of any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND POLICY LAB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Policy Lab shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Policy Lab.
If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, you shall negotiate in good faith with Policy Lab to modify this Agreement to affect the original intent of the drafters as closely as possible to the fullest extent permitted by applicable law.
This Agreement is governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Policy Lab’s failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights.
QUESTIONS AND CONTACT INFORMATION
Please contact Policy Lab if you have any questions about this Agreement at:
This Agreement is the complete and exclusive agreement between you and Policy Lab regarding your access to and use of the Services. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between you and Policy Lab relating to your use of the Services (except for other agreements you may have or will enter with Policy Lab for additional premium services). In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.