Terms of Use Last Updated January 1st, 2021
These terms explain the relationship you have with Medsearch Global™ as a visitor and/or user. If you have any questions or concerns, please contact us.
These Terms of Use (this "Agreement") sets forth the terms and conditions that apply to your access and use of the website located at Medsearch Global™ .com (the "Site"), and the information, tools, software, features and functionality, including content, updates and new releases, located on the Site (collectively, the "Service").
Accepting the Terms
By visiting the Site or using the Service, you agree to be bound by this Agreement and our Privacy Policy, which is incorporated into this Agreement, as each may be amended from time to time (see "Modifications" below), whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered with the Service). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to Medsearch Global™. If you wish to become a Member and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process by clicking "I Agree."
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Medsearch Global™.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Not Medical Advice
NEITHER Medsearch Global™ NOR THE SERVICE IS INTENDED TO PROVIDE MEDICAL ADVICE. The Service is intended only to assist you in finding available clinical trials for your condition. Before making any health decisions, you should consult your doctor.
Privacy and your Personal Information
For information about Medsearch Global™'s data protection practices, please read Medsearch Global™'s Privacy Policy. This policy explains how Medsearch Global™ treats your personal information when you access the Site and/or use the Service. The Privacy Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Service. That e-mail address and password, together with any phone number or other contact information you provide, form your "Registration Information." You understand that Medsearch Global™ takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your confidentiality resulting from sharing or losing your password. If you become aware of any unauthorized use of your Registration Information, you agree to notify Medsearch Global™ immediately at the e-mail address [email protected].
Your Use of the Service
Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes.
Accurate information enables Medsearch Global™ to provide the Service to you. You must provide true, accurate, current and complete information and may not misrepresent information in your Registration Information. In order for the Service to function effectively, you must also keep such information listed above up-to-date and accurate.
Your access and use of the Site and the Service may be interrupted from time to time for any of several reasons, including, without limitation, unanticipated system failures, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions beyond the control of Medsearch Global™ or that Medsearch Global™, in its sole discretion, may elect to take. Medsearch Global™ cannot always foresee or anticipate technical or other difficulties which may result in, and Medsearch Global™ shall therefore not be responsible or liable for, any failure to obtain the needed service.
You agree that Medsearch Global™ may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Medsearch Global™ a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to Medsearch Global™ in any way. Medsearch Global™ will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Telecommunication Services
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications providers. Medsearch Global™ MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
E-mails and Phone Calls
By providing your e-mail address and phone number to Medsearch Global™ you expressly authorize Medsearch Global™ to contact you via e-mail or phone from time to time. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e- mail address or your phone number changes, you are responsible for informing Medsearch Global™ of that change.
Medsearch Global™'s Intellectual Property Rights
The Service and the contents of the Site, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under both United Kingdom and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, Medsearch Global™ and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and the Site. The Service and all content on the Site, remain the property of Medsearch Global™ or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that Medsearch Global™ creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
Access and Interference
You agree that you will not:
- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service;
- solicit login information, Login IDs or personal information of another person, or access an account, belonging to someone else;
- copy the Service or any part thereof;
- use the Service for any commercial purpose;
- use the Service for the purpose of gathering information to file a legal claim against a third- party;
- attempt to breach any security or authentication measures of the Site or the Service;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Medsearch Global™ or any other third party to protect the Service or the Site;
- interfere or attempt to interfere with other Users' or Members' use of the Site or Services, respectively;
- defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, Member or employee, staff or agent of Medsearch Global™;
- do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service;
- use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrape or index the Service in any manner;
- provide any false personal information in your account, create more than one account, transfer your account or create an account for anyone other than yourself;
- do anything that is illegal, infringing, fraudulent, malicious or could expose Medsearch Global™ or Users or Members to harm or liability; or
- facilitate or encourage any violations of this Agreement.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES ON THE SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Medsearch Global™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PATIENT INFORMATION, CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Medsearch Global™ MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICE, OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Medsearch Global™ MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND Medsearch Global™ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN.
Limitations on Medsearch Global™'s Liability
Medsearch Global™ SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM THE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Medsearch Global™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Medsearch Global™'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Medsearch Global™
You shall defend, indemnify and hold harmless Medsearch Global™ and its officers, directors, shareholders, agents and employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but not limited to costs of investigation and attorneys' fees, in whole or in part arising out of or attributable to (i) any breach of this Agreement by you, (ii) your use or inability to use the Service, (iii) any Content submitted by you or (iv) your violation of applicable laws. Medsearch Global™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Medsearch Global™.
Ending Your Relationship with Medsearch Global™
This Agreement will continue to apply until terminated by either you or Medsearch Global™ as set out below. If you want to terminate your legal agreement with Medsearch Global™, you may do so by closing your account for the Service.
Medsearch Global™ may at any time terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Medsearch Global™ in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
Modifications
Medsearch Global™ may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Dispute Resolution
This Agreement, and your relationship with Medsearch Global™ under this Agreement, shall be governed by the laws of England and Wales. Jurisdiction for any dispute with Medsearch Global™, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the courts of England and Wales. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in London, using the English language. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Medsearch Global™ agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, Medsearch Global™ is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Medsearch Global™ agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, Medsearch Global™ is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Medsearch Global™ does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Medsearch Global™ has the benefit of under any applicable law), this will not be taken to be a formal waiver of Medsearch Global™'s rights and that those rights or remedies will still be available to Medsearch Global™.
This Agreement represents the entire understanding and agreement between you and Medsearch Global™ regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Medsearch Global™'s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. Medsearch Global™ may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If there are any questions regarding Medsearch Global™ or this Agreement, please contact Medsearch Global™ at [email protected]