Terms of Use

TERMS OF USE

Terms of Use.  The use of this website (this “Website”) is subject to these terms and conditions of use (the “Terms of Use”) stated herein, and the privacy policy (“Privacy Policy”) that can be accessed here [link].  The information provided on this site is provided by Orphanos, a subsidiary of TrialRunners, LLC (“We” or “Us”) for general informational and educational purposes only relating to a clinical studies sponsored by our clients (the “Sponsor”).  Please read and review these Terms of Use carefully before accessing or using this website (the “Site” or “Website”).

By accessing or using this Website, you acknowledge that you have read, understood and agreed to these Terms of Use and that these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and us with respect to the use of this Website and the content therein.  If you do not agree to the Terms of Use, you may not access or use the Website or related content.

We reserve the right, in its sole discretion, to update or change the Terms of Use at any time without notice to you. You can review the most current version of the Terms of Use at any time at the URL for this page. It is your responsibility to review the Terms of Use periodically. If at any time you find the Terms of Use unacceptable or if you do not agree to the Terms of Use, please do not visit the Site. If you have any questions about the Terms of Use, please contact us at [privacy@trialrunners.com].

 

YOU WARRANT AND REPRESENT THAT: 1) YOU ARE OVER 18 YEARS OF AGE; 2) YOU ARE LEGALLY ABLE TO ENTER INTO THIS CONTRACT; AND 3) YOU ARE NOT A PERSON BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION.
Risk and Limits of Liability.  THIS SITE AND THE CONTENT ARE PROVIDED “AS IS.”  YOU AGREE THAT ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT THEREOF, AND ANY SITE OR SITES “LINKED” TO THIS WEBSITE, IS AT YOUR OWN RISK. WE DISCLAIM (AND DISCLAIM ON BEHALF OF THE SPONSOR OF THE STUDY) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER US, NOR THE SPONSOR OF THE STUDY, NOR ANY OF THEIR AFFILIATES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR THE CONTENT THEREIN SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.  NO WARRANTY IS MADE THAT THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

Links to Third-Party Sites, Data Hosts.  We do not control any linked websites or content linked to this Website.  We take no responsibility for such websites or the content therein, regardless of whether the link is provided by us, our affiliates, or a third party. We do not endorse any website to which this Website is linked and are not responsible for the content of any website linked to the Website and such links do not imply partnerships, relationships or affiliations with such third parties.  In addition, our data is hosted at third parties [Google Firebase] and we encourage you to review their legal terms and privacy policies as well.

Information You Submit to Us.  You are responsible for the accuracy of any information that you provide to us through this Website, including any registration information, personal information, information on the questionnaire for recruitment, comments, feedback, remarks, suggestions, ideas, notes, drawings, graphics, concepts or other information.

You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane or might in any other way violate any law, regulation or rule. You further agree not to upload, e-mail, post or transmit to or distribute or otherwise publish through this site any material which disrupts the normal operation of this site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using this site. You are giving all information to us free of charge and, unless otherwise stated in the Privacy Policy, we and affiliates shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. We and our affiliates shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

 

You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Us immediately of any unauthorized use of your account, user name or password. We shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge, and whether or not you have advised us of such unauthorized use of your account or password.

 

Security. While we have implemented measures designed to protect against the unauthorized access, interception, loss, misuse and or alteration of the information under our control, we do not guarantee that events of unauthorized access, interception, loss, misuse and or alteration of the information under our control will not occur. In the event of any unauthorized access, interception or other misuse, we will not be responsible for such unauthorized access, interception or misuse, or any direct, indirect, special, incidental, consequential or other damages (including lost profits) suffered by you, even if we have previously been advised of the possibility of such damages. We do not warrant, either expressly or implied, that the information provided by any user will be free from unauthorized access, interception or misuse.

Medical Information. This Website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional.  Only a physician who has had an opportunity to interact with a patient in person, with access to your medical records and the opportunity to conduct appropriate follow-up can provide recommendations for treatment.  You should not use the information contained herein for diagnosing a health or fitness problem or disease.

Copyrights and Trademarks.  Please assume that all contents on this Website are protected by copyright or trademarks.  You agree not to copy, reproduce, modify, use, republish, upload, post, transmit, distribute or exploit in any way content from this Website, other than as part of this Website, without our express prior written consent.  Trademarks, logos and service marks (hereinafter referred to as marks) that appear on this website are the property of us or other third parties including Sponsor.
Void Where Prohibited. This Website and its contents are intended to comply with the laws and regulations in the United States.  Although the information on this Website is accessible to users outside of the U.S, the information pertaining to us, the Sponsor, the study, the Website and content and all linked sites are intended for use only by residents of the U.S.  Any offer for any product or service made on this Website is void where prohibited.

Governing Laws. The Terms of Use, and the Privacy Policy, and your use of the Website shall be governed by the laws of the United States of America, and the State of North Dakota without regard to its conflicts of laws principles. Any legal action or proceeding related to this Website or these Terms of Use or the Privacy Policy or any matter related thereto shall be brought exclusively in a state or federal court of competent jurisdiction sitting closest to Dickinson, North Dakota.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

Modification.  We may modify these Terms of Use at any time without notice to you and may terminate this agreement, terminate your access to all or part of the Website, or suspend any user’s access to all or part of this site at any time, without notice to you, if it believes in its sole judgment that you have breached or may breach any term or condition of these Terms of Use or for its convenience.  We reserve the right to alter or delete this Website, or any content therein, at any time at its discretion.

Miscellaneous. If any provision of these Terms of Use are held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. The Terms of Use and the Privacy Policy constitute the entire agreement between you and TrialRunners concerning your use of the Site, superseding any prior or contemporaneous agreements between you and TrialRunners with respect to the subject matter hereof.  If any provision of the Terms of Use and the Privacy Policy shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.
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