CLINWIKI TERMS OF SERVICE
Last updated on 01.20.2021
Welcome to ClinWiki. ClinWiki.org takes the public clinical trial database and enables the crowd to annotate, structure and rate trials in the style of Wikipedia and Yelp while providing improved search tools. ClinWiki gives transparent and relevant views of clinical trials for patients and their physicians so they can find and choose the best trial options. The result is improved results for patients, better and faster trials and an overall increase in medical innovation.
ClinWiki is a 501(c)(3) based in Chapel Hill, NC. The code is open source and the data is crowd sourced. ClinWiki is funded by philanthropic donations and partnerships with Disease Advocacy Organizations and patients, which have a vested interest in funding the system and curating the content for their disease.
This Agreement may be modified by ClinWiki in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by ClinWiki on the Website (as indicated by the posted update date). Your participation in the Services and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered ClinWiki account and/or please immediately stop participating in the Services and accessing and using the Website.
This Agreement is divided into the following sections:
- THE SERVICES
- CONDUCT AND AFFILIATES
- LIMITATION OF LIABILITY
- GOVERNING LAW
- ENTIRE AGREEMENT, SEVERABILITY & ASSIGNMENT
1. THE SERVICES
- Description of Services. The Services include providing informational and educational content regarding clinical trials. We provide a list of all clinical trials currently listed on clinicaltrials.gov and other sources of clinical trials that may become publicly available, as well as additional content, including ratings and reviews of the trials that have been added by users.
- Informational Purposes. The Services are for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. The Services does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Services or its employees, others appearing on the Site at the invitation of the Services, or other visitors to the Site is solely at your own risk.
- No Guarantee. Although ClinWiki works hard to provide quality Service, you understand and acknowledge that we cannot promise or guarantee specific results from using the Service or Service available on this Service.
- Temporary Interruptions. You understand and agree that temporary interruptions of the Service may occur as normal events that are out of our control. You agree that the Service available on this Service are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. CONDUCT & AFFILIATES
- Conduct Guidelines. Your use of the Services, is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Service. By posting information on the Service, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Service, you agree that you will not post comments, messages, links, code or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Service, or attempts to gain access to other network or server via your account on this Service;
- impersonates any person or entity, including any of our employees or representatives.
- No Endorsement. ClinWiki neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Service. Although we do not pre-screen, police or monitor comments posted on the Service, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Service, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
- Affiliate Services and Information. This Service may redirect or link to other services, or may otherwise include references to information, products or services made available by Affiliates. While we make every effort to work with trusted, reputable providers, from time to time such Services may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by Affiliates, nor are we responsible for errors or omissions in any references made on those services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Service or party by us, or any warranty of any kind, either express or implied.
- Fraudulent Use. You agree that you will not solicit, facilitate, encourage or agree to provide access to, or otherwise remarket, or take affirmative steps to allow or permit access to the Services through any automated process including screen-scraping, spiders, robots or other automated query tools, software or computer-generated search requests. You will not collect, monitor, market or advertise to, publish, disclose, or disseminate, any personally identifiable user information. We reserve the right to immediately terminate Service of any user who uses the service fraudulently.
- Conflict of Interest. You agree to publicly disclose any Conflict of Interest (defined below) related to if any of the content you post. Conflict of Interest means any material financial interest in; or serving as a director, officer, employee, agent, partner, associate, trustee, personal representative, receiver, guardian, custodian, conservator, or other legal representative of, or consultant to; an entity or individual that may receive monetary or non-monetary benefit from the content posted. We reserve the right to immediately terminate Service of any user who does not disclose a conflict of interest.
- Creative Commons Zero. The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an “owner”) of an original work of authorship and/or a database (each, a “Work”). Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works (“Commons”) that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others. For these and/or other purposes and motivations, and without further consideration any user of the Services hereby contributes their Work under the Creative Commons Zero License (“CC0”), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of CC0 on those rights.
- Copyright and Related Rights. A Work made available under CC0 may be protected by copyright and related or neighboring rights (“Copyright and Related Rights”). Copyright and Related Rights include, but are not limited to, the following:
- the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
- moral rights retained by the original author(s) and/or performer(s);
- publicity and privacy rights pertaining to a person’s image or likeness depicted in a Work;
- rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
- rights protecting the extraction, dissemination, use and reuse of data in a Work;
- database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
- other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.
- Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, You hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of your Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the “Waiver”). You makes the Waiver for the benefit of each member of the public at large and to the detriment of your heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by your express Statement of Purpose.
- Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account your express Statement of Purpose. In addition, to the extent the Waiver is so judged You hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Your Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the “License”). The License shall be deemed effective as of the date CC0 was applied by you to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case you hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Your express Statement of Purpose.
- Limitations and Disclaimers.
- No trademark or patent rights held by you are waived, abandoned, surrendered, licensed or otherwise affected by this document.
- You offer the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
- You disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person’s Copyright and Related Rights in the Work. Further, you disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
- You understand and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.
You may terminate these Terms at any time by discontinuing your access to and use of the Services. If you are participating in the online program, then please email email@example.com to terminate Services. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Services. You agree that any suspension or termination of your access to the Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Services or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2 through 16 will survive the termination or expiration of these Terms for any reason.
A. AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO SERVICESLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (III) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT SERVICESLY TO YOU. THIS CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEK THE ADVICE OF YOUR PHYSICIAN OR QUALIFIED HEALTH PROVIDER. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY CALL YOUR DOCTOR OR 911 IMMEDIATELY.
B. SECURITY RISKS. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
6. LIMITATION OF LIABILITY
A. NO LIABILITY.YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. TOTAL LIABILITY. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. RISK. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
D. JURISDICTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT SERVICESLY TO PERSONAL INJURY CLAIMS.
You agree to hold harmless and indemnify ClinWiki and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your use of the Services, (ii) your breach of these Terms, (iii) your misuse of the Services, or (iv) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that ClinWiki will have control of the defense or settlement of any such claims.
We may make changes to the Services or the Agreement from time to time. When we make changes, the updated Agreement will be made available through the Services and update the “Last Updated” date at the beginning of this Agreement accordingly. Please check this Agreement periodically for changes. Any changes to the Agreement will apply on the date that they are made, and your continued access to or use of the Services after the Agreement have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Agreement, you must not access or use the Services.
9. GOVERNING LAW
This Agreement is governed by the laws of the State of New York, USA, without regard to its choice of law or conflict of law provisions.
10. ENTIRE AGREEMENT, SEVERABILITY & ASSIGNMENT
B. Assignment. This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. We have the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
C. Contact. Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.