PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. BY USING THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. The Company reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Platform. The Company will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Company encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing use of the Platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform. If you would like to print this Agreement, please click the print button on your browser toolbar.
YOUR USE OF THIS PLATFORM AND/OR SERVICES ARE AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR PLATFORM CONTENT, OR ANY RELIANCE UPON OR USE OF THE PLATFORM CONTENT OR SERVICES. (“SERVICES” INCLUDE TRIAL SERVICES.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS PLATFORM IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY PLATFORMS ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFICIENCY IN SERVICES WILL BE CORRECTED.
REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE COMPANY ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE VIA THE PLATFORM.
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE PLATFORM CONTENT OR SERVICES; (2) THE COST OF PROCURING ALTERNATIVE SERVICE OR CONTENT; (3) ANY SERVICES RECEIVED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Platform content or your use of the Platform content; (3) the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content or Services, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Services.
The Company believes strongly in protecting user privacy and providing you with notice of Company’s use of data. Please refer to the Company privacy policy, incorporated by reference herein, which is posted on the Platform.
By using this Platform or receiving Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Platform.
BY USING THIS PLATFORM OR PURCHASING ANY SERVICE FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.