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TrialX/Applied Informatics Inc. Terms of service

  1. Applied Informatics Inc. (hereby referred to as AI) develops, operates and maintains a web-based clinical trials listing and matching service, TrialX, which is available on (hereby referred to as TrialX).
  2. You understand and agree that AI’s services are provided to users ("you" or "visitor" or "user" or, collectively, "users") exclusively under AI’s terms of service as described here. These terms and conditions constitute an agreement (the “terms of service”) between you and AI and applies to both a non-registered site visitor and/or a registered user. You also acknowledge that by agreeing to these terms a) you have read and understood all of the terms and conditions of this agreement and b) that you agree to be bound by all of the terms and conditions of this agreement. Accessing or using this site, or any information in this site, constitutes your acceptance of personal jurisdiction in the state of New York. This agreement, and any transaction or occurrence arising out of accessing or using any information in this site, shall be governed by and construed in accordance with the laws of the state of New York.
  3. AI offers no warrantee on the accuracy, reliability, completeness, or availability of the information on this site whatsoever. AI provides this site and the information contained herein "as-is" with no warrantees implied whatsoever.
  4. Information provided by this service/site is not intended to be a substitute for, or a replacement for professional medical advice, diagnosis, or treatment advice and should not be construed as such. All the information provided in this site is for informational purposes only. You are encouraged to seek professional medical diagnosis and treatment for any medical condition, and to discuss information obtained from this site with your healthcare provider. If you are facing a MEDICAL EMERGENCY, CALL 911.
  5. We don’t endorse or recommend any of the clinical trials, research studies or research investigators/sites listed on the website. We don’t conduct clinical trials and we cannot influence the inclusion or exclusion of a potential patient into a trial. All suggestions for suitable matches of a patient to a clinical trial are based on a “best effort” using computer-based algorithms. We cannot guarantee complete accuracy of these suggested matches or that a match would guarantee inclusion in any or the matched clinical trial
  6. Registration on the site requires certain personal information (such as but not limited to email, age, location, which is required to provide the stated uses of the site. This information will be stored, maintained and used in accordance with our Privacy Policy, which is included for reference and constitutes part of the Terms of Use agreement.
  7. The TrialX website provides a messaging service that allows registered users, categorized as either patients (those looking for trials and who expressly register on TrialX` by choosing to click the “Signup as patient” link) or "investigators" (hereby refers to those who are conducting the clinical trial, whether a physician-investigator, a research coordinator ,a patient recruitment specialist, trial sponsor or the like and who register on TrialX using the “Signup as Investigator” link) to communicate with each other securely. TrialX performs a verification procedure to determine that a registered investigator is a known/authorized investigator to conduct a said clinical trial. This verification is a best effort process that relies on the authenticity of the data as listed in clinical trial data sources such as the National Library of Medicine’s database, the clinical trials provided by partner companies of AI and clinical trials submitted by registered TrialX investigators. AI cannot guarantee the complete accuracy of the said information provided by the above-mentioned entities and is not responsible if an investigator is found to be listed inaccurately for a trial and hence receives a patient message through the system. Such occurrences will be monitored by AI and AI will take remedial actions that will be limited to in all circumstances, measures to correct the information in the database.
  8. All registered users (patients and investigators) are responsible for the accuracy of the information they provide. Investigators are fully responsible for the accuracy of their registration and clinical trial information. Additionally. Investigators are solely responsible for providing authentic documents to verify that they are authorized to conduct a given clinical trial and that any information they post regarding the trial (such as the trial description and the text for the online advertising through Google Adwords) has been duly approved by the corresponding Institutional Review Board. AI provides TrialX as a platform and is not responsible for obtaining the required ethical and regulatory approval for posting clinical trial information and promotional materials. All users are bound by this agreement to use the site only for the purposes intended and not use their account to falsely obtain information. Such violations will be actively monitored and AI reserves the right to terminate a user from using the TrialX service for acts of non-compliance with the policies of acceptable usage. AI will hold all rights to terminate the accounts of such users with out without any notice or explanation.
  9. AI may reserve the right to change the Terms of Use as it deems appropriate. The changed agreement will be posted on the site and AI may notify registered users of such changes as deemed necessary. Continued usage of the site will be considered as an active acknowledgement of the revised agreement in full. You should stop using the service in the event that you don’t agree with the revised Terms of Use (which includes any revisions to the Privacy Policy).
  10. AI will not be liable for any direct, indirect, special, incidental, consequential or similar damages arising out of any use of this site or the information provided herein, including without limitation, any lost profits, business interruption, loss of programs or data on your equipment, loss from or otherwise. By accessing or using this site and the information contained in it, you expressly agree that in no event shall AI be liable for any loss or damages arising from the use of this site or the information contained herein. You understand that AI provides this site as a service only and is not offering through the information contained on this site any warranties or guarantees of any kind.
  11. The entire contents of the web site are copyrighted as a collective work under the laws of the United States and other copyright laws, with the exception that certain Clinical Trial Information pages draw information from public sources such as ClinicalTrials.Gov and thus not covered in the copyright clause of this agreement. All trademarks, service marks, copyright notices and registered items are property of AI unless otherwise noted. AI reserves all rights. The information provided in this site is intended for personal use only. Any reproduction, retransmission, republication or distribution of any of the information in whole or in part (except Clinical Trial Information pages marked as Source ‘ which not covered) is strictly prohibited without the prior written consent of AI. You expressly agree not to copy, distribute, display, publish, broadcast or sell, or license any copyrighted information in this site. You expressly agree not to alter or remove any trademarks, service marks, copyright marks or notices from the information provided on this site or from any authorized copies of such information.
  12. Links to other sites from this site are provided for your convenience only and do not constitute or imply endorsement by AI of any of these sites, any products or services described on these sites, or of any other information contained therein. Though AI takes due consideration before linking back to other sources, AI has not reviewed, does not endorse, and is not responsible for the quality or accuracy of content or privacy practices used by other sites linked herein. All advertisement, if any, are linked to advertisers' websites who are solely responsible for the content contained on their sites and AI does not endorse or guarantee any of the services provided by the advertisers
  13. AI's waiver of any breach of this agreement or of any default hereunder shall not be construed as a waiver of any future breach or default. Failure by AI to enforce any provision of this agreement, for any reason whatsoever, shall not affect the validity of AI’s right to subsequent enforcement of that or any other provision of this agreement.
  14. You agree to indemnify and hold harmless AI its affiliates, officers, directors, employees, business partners, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of AI services, your violation of the terms of service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
  15. These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Last Updated: Aug 26, 2009

©2013 Applied Informatics, Inc.
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