1. Your relationship with Clinical Trials GPS
1.1 Clinical Trials GPS© provides you with services and information related to clinical research trials. Your use of the products, software, services, forms, information, data, mobile applications and websites (referred to collectively as the “Services” in this document) provided by Clinical Trials GPS is subject to the terms of this legal agreement between you and Clinical Trials GPS. “Clinical Trials GPS” means Clinical Trials GPS, LLC, with a mailing address at 7512 Doctor Phillips Blvd., Suite 50-334, Orlando, FL 32819, United States. This document explains the terms and conditions of this agreement.
1.2 Unless otherwise agreed in writing with Clinical Trials GPS, your agreement with Clinical Trials GPS will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms of Service”.
1.3 Your agreement with Clinical Trials GPS will also include the terms of any Legal Notices applicable to the Services, in addition to the Terms of Service. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Terms of Service, together with the Additional Terms, form a legally binding agreement between you and Clinical Trials GPS in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Terms of Service say, then the Additional Terms shall take precedence in relation to that Service.
2. Acceptance of Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Clinical Trials GPS in the user interface for any Service; or by actually using the Services. In the latter case, you understand and agree that Clinical Trials GPS will assume that your use of the Services is your acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Clinical Trials GPS, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a copy of the Terms for your records.
3. Language of the Terms
3.1 Where Clinical Trials GPS has provided you with a translation of the English language version of the Terms into any other language, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Clinical Trials GPS.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Clinical Trials GPS
4.1 Clinical Trials GPS has subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”). Sometimes these companies will be providing the Services to you on behalf of Clinical Trials GPS itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Clinical Trials GPS is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Clinical Trials GPS provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Clinical Trials GPS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Clinical Trials GPS’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Clinical Trials GPS when you stop using the Services.
4.4 You acknowledge and agree that if Clinical Trials GPS disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Clinical Trials GPS may not currently have set a fixed maximum on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed maximums may be set by Clinical Trials GPS at any time, at Clinical Trials GPS’s sole discretion.
4.6 You acknowledge and agree that the Services may be unavailable to you from time to time due to technical issues which may arise affecting i) the servers of Clinical Trials GPS; ii) any aspect of the internet and access thereto by you or by Clinical Trials GPS; or iii) any service or network provider that acts as an intermediary between you and Clinical Trials GPS (any such period of time being a “Service Interruption”). You agree that Clinical Trials GPS is under no obligation to provide the Services and shall not incur any obligation to you in the event of a Service Interruption, regardless of the duration or timing of such Service Interruption.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to Clinical Trials GPS will be accurate, correct and up to date. Further, you agree that you will not intentionally misrepresent yourself.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in any relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Clinical Trials GPS, unless you have been specifically allowed to do so in a separate agreement with Clinical Trials GPS. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Clinical Trials GPS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Clinical Trials GPS has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Clinical Trials GPS may suffer) of any such breach.
6. Your Passwords and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Clinical Trials GPS for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Clinical Trials GPS immediately.
7. Privacy and your Personal Information
7.2 You agree to the use of your data in accordance with Clinical Trials GPS’s Privacy Policies, which is hereby incorporated under and made a part of the Terms.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 Clinical Trials GPS utilizes and relies upon information provided by clinicaltrials.gov for the Content regarding clinical trials. Clinicaltrials.gov is a website owned and maintained by the United States government. You acknowledge and agree that Clinical Trials GPS is not responsible for the accuracy or completeness of such Content.
8.3 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Clinical Trials GPS (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Clinical Trials GPS or by the owners of that Content, in a separate agreement.
8.4 The Content includes information about clinical research sites that conduct clinical trials (referred to as “Trial Sites”). Some of this information is obtained from clinicaltrials.gov and may not be accurate or complete. Some of this information is provided directly to Clinical Trials GPS by Trial Sites or by other third parties, who may pay a fee to Clinical Trials GPS in order to review, manage and enhance such Content. All such Content provided by Trial Sites or other third parties are the responsibility of such Trial Sites or third parties and Clinical Trials GPS is not responsible for the accuracy and completeness of such Content.
8.5 Clinical Trials GPS reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.6 You understand that by using the Services you may be provided with Content that subsequently changes or turns out to be inaccurate. By using the Services, you explicitly agree and accept that Clinical Trials GPS is not responsible for the accuracy or completeness of any information contained in the Content, which you utilize at your own risk.
8.7 You agree that you are solely responsible for (and that Clinical Trials GPS has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Clinical Trials GPS may suffer) by doing so.
8.8 You acknowledge and agree that Clinical Trials GPS accepts payments from some Trial Sites and other third parties (such as the sponsors of clinical trials) and that such payments influence the algorithms and methods used by Clinical Trials GPS to present the Content to you. The presentation of the Content is also influenced by other sponsors that pay money to Clinical Trials GPS in order to affect the Content.
9. Participation in Clinical Trials
9.1 Clinical Trials GPS provides Content related to clinical trials but does not conduct or sponsor clinical trials. You acknowledge and agree that any decision by you to participate in a clinical trial is a decision that you make voluntarily only after contacting a clinical trial research site, reviewing the protocol governing such clinical trial with qualified medical professionals and executing an informed consent developed specifically for such clinical trial. Clinical Trials GPS has no participation in, ownership of or involvement with any such clinical trial or its protocol or informed consent. You acknowledge that participation in clinical trials comes with some level of risk, which risks are detailed in any relevant informed consent that you enter into as a requirement to your participation. You are never under any obligation of any type to volunteer for or participate in and clinical trial and, once you commenced participation in a clinical trial, you may end your participation at any time and for any reason.
- Member Research Sites
10.1 Clinical research sites that become paying members of Clinical Trials GPS are referred to herein as “Site Users”. As a Site User, you acknowledge that all clinical trial information provided on Clinical Trials GPS is obtained from clinicaltrials.gov (see Section 8 above for details). Such information, including information about whether or not a trial is currently enrolling or which clinical research sites are conducting any given clinical trial, may or may not be accurate. Clinical Trials GPS provides tools to Site Users that allow them to edit such information obtained from clinicaltrials.gov. By editing such information, each Site User is responsible for such edits made.
10.2 Clinical Trials GPS relies on the integrity of each Site User in editing and providing information, including information about clinical trials and information about the Site User and its facilities, employees, contractors and investigators. Clinical Trials GPS reserves the right to edit, delete or retract information and/or claims made by any Site User that it reasonably believes to be false or misleading.
10.3 Clinical Trials GPS reserves the right to cancel the membership of any Site User in the event that, in the sole discretion of Clinical Trials GPS, it believes that such Site User is intentionally engaging in deceptive or unethical practices either within its clinical research activities or involving its interaction with Clinical Trials GPS. In the event of any such cancellation, no refund of such month’s fee will be given.
11. Proprietary Rights
11.1 You acknowledge and agree that Clinical Trials GPS (or Clinical Trials GPS’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Clinical Trials GPS and that you shall not disclose such information without Clinical Trials GPS’s prior written consent.
11.2 Unless you have agreed otherwise in writing with Clinical Trials GPS, nothing in the Terms gives you a right to use any of Clinical Trials GPS’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
11.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Clinical Trials GPS, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
11.4 Other than the limited license set forth in Section 12, Clinical Trials GPS acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Clinical Trials GPS, you agree that you are responsible for protecting and enforcing those rights and that Clinical Trials GPS has no obligation to do so on your behalf.
11.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
11.6 Unless you have been expressly authorized to do so in writing by Clinical Trials GPS, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
12. License from Clinical Trials GPS
12.1 Clinical Trials GPS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software as part of the Services provided to you by Clinical Trials GPS (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Clinical Trials GPS, in the manner permitted by these Terms.
12.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Clinical Trials GPS in writing.
12.3 Unless Clinical Trials GPS has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
13. Content License from You
13.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content through the Services, you give Clinical Trials GPS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Clinical Trials GPS to display, distribute and promote the Services and may be revoked for certain Services as defined in the Terms.
13.2 You agree that this license includes a right for Clinical Trials GPS to make such Content available to other companies, organizations or individuals with whom Clinical Trials GPS has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
13.3 You understand that Clinical Trials GPS, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Clinical Trials GPS to take these actions.
13.4 You confirm and warrant to Clinical Trials GPS that you have all the rights, power and authority necessary to grant the above license.
14. Software Updates
14.1 The Software which you use may automatically download and install updates from time to time from Clinical Trials GPS. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Clinical Trials GPS to deliver these to you) as part of your use of the Services.
15. Ending your Relationship with Clinical Trials GPS
15.1 The Terms will continue to apply until terminated by either you or Clinical Trials GPS as set out below.
15.2 If you want to terminate your legal agreement with Clinical Trials GPS, you may do so by (a) notifying Clinical Trials GPS at any time and (b) closing your accounts for all of the Services which you use, where Clinical Trials GPS has made this option available to you. Your notice should be sent, in writing, to Clinical Trials GPS’s address which is set out at the beginning of these Terms.
15.3 Clinical Trials GPS may, at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Clinical Trials GPS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Clinical Trials GPS offered the Services to you has terminated its relationship with Clinical Trials GPS or ceased to offer the Services to you; or
(D) Clinical Trials GPS is transitioning to no longer providing the Services to users in the country or geographic region in which you are resident or from which you use the Services; or
(E) the provision of the Services to you by Clinical Trials GPS is, in Clinical Trials GPS’s opinion, no longer commercially viable.
15.4 Nothing in this Section shall affect Clinical Trials GPS’s rights regarding provision of Services under Section 4 of the Terms.
15.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Clinical Trials GPS have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
16. EXCLUSION OF WARRANTIES
16.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT CLINICAL TRIALS GPS’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
16.3 IN PARTICULAR, CLINICAL TRIALS GPS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
16.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
16.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLINICAL TRIALS GPS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16.6 CLINICAL TRIALS GPS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. LIMITATION OF LIABILITY
17.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLINICAL TRIALS GPS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH CLINICAL TRIALS GPS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE CLINICAL TRIALS GPS WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
17.2 THE LIMITATIONS ON CLINICAL TRIALS GPS’S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT CLINICAL TRIALS GPS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
18. Copyright and Trademark Policies
18.1 It is Clinical Trials GPS’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
18.2 Clinical Trials GPS operates a trademark compliance procedure in respect of Clinical Trials GPS’s advertising business.
19.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the Content stored and displayed on the Services, queries made through the Services or other information.
19.2 The manner, mode and extent of advertising by Clinical Trials GPS on the Services are subject to change without specific notice to you.
19.3 The algorithms and methods used to order and display Content presented to you may be influenced and altered based on payments made to Clinical Trials GPS by Trial Sites or other sponsors.
19.4 In consideration for Clinical Trials GPS granting you access to and use of the Services, you agree that Clinical Trials GPS may i) place such advertising on the Services, and ii) may alter the presentation and order of Content displayed to you.
20. Other Content
20.1 The Services may include hyperlinks to other websites or Content or resources. Clinical Trials GPS may have no control over any websites or resources which are provided by companies or persons other than Clinical Trials GPS.
20.2 You acknowledge and agree that Clinical Trials GPS is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
20.3 You acknowledge and agree that Clinical Trials GPS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
21. Changes to the Terms
21.1 Clinical Trials GPS may make changes to the Terms of Service or Additional Terms from time to time. When these changes are made, Clinical Trials GPS will make a new copy of the Terms of Service available on its primary website and any new Additional Terms will be made available to you from within, or through, the affected Services.
21.2 You understand and agree that if you use the Services after the date on which the Terms of Service or Additional Terms have changed, Clinical Trials GPS will assume that your use represents acceptance of the updated Terms of Service or Additional Terms.
22. General Legal Terms
22.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
22.2 The Terms constitute the whole legal agreement between you and Clinical Trials GPS and govern your use of the Services (but excluding any Services which Clinical Trials GPS may provide to you under a separate written agreement), and completely replace any prior agreements between you and Clinical Trials GPS in relation to the Services.
22.3 You agree that Clinical Trials GPS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
22.4 You agree that if Clinical Trials GPS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Clinical Trials GPS has the benefit of under any applicable law), this will not be taken to be a formal waiver of Clinical Trials GPS’s rights and that those rights or remedies will still be available to Clinical Trials GPS.
22.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
22.6 You acknowledge and agree that each member of the group of companies, if any, of which Clinical Trials GPS is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
22.7 The Terms, and your relationship with Clinical Trials GPS under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and Clinical Trials GPS agree to submit to the exclusive jurisdiction of the courts located within the county of Orange, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Clinical Trials GPS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
22.8 You acknowledge that Clinical Trials GPS does not conduct, sponsor or manage clinical research trials and that your participation in any clinical research trial is subject to all of the patient rights and responsibilities in effect and pertaining to such clinical trial as set forth in the relevant informed consent and protocol governing such clinical trial. You expressly agree that Clinical Trials GPS shall bear no responsibility of any manner or kind with regard to such clinical trial, your participation in such clinical trial and any consequences or ramifications of your participation in any such clinical trial, regardless of any role that Clinical Trials GPS performed in making you aware of such clinical trial.
The information provided by Clinical Trials GPS on each clinical trial is only a summary and is intended to be only a general guide as to trial eligibility. Each pharmaceutical clinical trial in the United States is governed by a specific protocol that has been reviewed and approved by the Food and Drug Administration. The governing protocol contains the detailed specific information on both inclusion and exclusion criteria for each clinical trial and all such information supersedes any information you receive outside of such process, including from Clinical Trials GPS. Such criteria can be extensive and the Content presents only a brief and incomplete summary of the general criteria. Only the approved medical staff of each authorized clinical research site that is participating in a clinical trial can inform you of the specific criteria governing your participation in that trial.