PatientWing Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE
BY USING THE SERVICE (AS DEFINED BELOW) OR CLICKING “AGREE,” YOU, AS A USER OF THE SERVICE, ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE.
These Terms of Service (“Terms”) are between VitalTrax, LLC, a Pennsylvania limited liability company doing business as PatientWing (“PatientWing”), and the user agreeing to these Terms (“User”).
THE SERVICE AND SERVICE CONTENT
These Terms provide User access to and usage of an internet based website and service (“Service”) and information and data through the Service (“Service Content”). The Service Content may be PatientWing data or information, data or information provided by a sponsor of a clinical trial (“Sponsor”), government records/public information, or other third parties’ data or information, including other PatientWing users’ information. The Service is separate and distinct from, and not affiliated with the government web site, clinicaltrials.gov, though some of the Service Content is sourced from this government website.
User may use the Service and Service content only in accordance with applicable law, and otherwise must comply with all applicable laws.
MEDICAL ADVICE DISCLAIMER. NOTHING IN THE SERVICE CONSTITUTES ACTUAL MEDICAL OR OTHER PROFESSIONAL ADVICE, OPINIONS, OR RECOMMENDATIONS BY PATIENTWING, SPONSOR, OR ANY CONTENT PROVIDER. IF MEDICAL OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT MEDICAL PROFESSIONAL SHOULD BE SOUGHT. USER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICE AND SERVICE CONTENT, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON ANY SERVICE CONTENT.
DISCLAIMER OF WARRANTIES. PATIENTWING AND SPONSOR DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE AND USE MAY BE INTERRUPTED.
Access to Services
PatientWing does not provide User with the equipment to access the Services. User is responsible for all fees charged by third parties related to User access and use of the Services (e.g., charges by Internet service providers). PatientWing reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Service or Service Content without notice. PatientWing will not be liable to User or to any third party for any modification, suspension, or discontinuance of all or any portion of the Service or Service Content.
Links to Third-Party Sites
The Service may contain links to third-party sites. Access to any website linked to the Service is not the responsibility of PatientWing and PatientWing is not responsible for the accuracy, or reliability of any content on such websites. Further, the presence of a link to a third-party site does not mean that PatientWing endorses that site, its products, or views expressed therein. PatientWing provides these links merely for convenience and the presence of such third-party links are not an endorsement or recommendation by PatientWing.
Reservation of Rights
The Service Content, software, workflow processes, user interface, designs and other materials and technologies provided by PatientWing as part of the Service are the proprietary property of PatientWing and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with PatientWing and their licensors. User may not remove or modify any proprietary marking or restrictive legends in the Service. PatientWing reserves all rights unless expressly granted in this agreement.
User must comply with all applicable laws when using the Service and Service Content. User will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any Service Content or of the Service; (ii) store, copy, modify, distribute, or resell any Service Content or compile or collect any Service Content as part of a database or other work; (iii) use any automated tool (e.g., robots, spiders) or engage in “framing” or “mirroring” to access, use, or compete with the Service, or to store, copy, modify, distribute, or resell any Service Content; (iv) monitor the Service’s availability, performance or functionality for any competitive purpose; (v) use the Service or Service Content for any unlawful, illegitimate, or unintended purposes; (vi) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (vii) use the Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Service; (viii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Service or any Service Content; (ix) post any inaccurate, defamatory, obscene, hateful, threatening or otherwise inappropriate content; or (x) misrepresent User’s identity or create a false identity.
If User provides feedback or suggestions about the Service or Service Content, then PatientWing (and those it allows to use its technology) may use such information without obligation to User.
Limitation of Liability
IN NO EVENT SHALL PATIENTWING OR SPONSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE) FOR ANY USE OF THE SERVICE OR SERVICE CONTENT OR ANY HYPERLINKED WEBSITE OR SERVICE INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM ENROLLMENT OR FROM INABILITY TO ENROLL IN A CLINCAL TRIAL, DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PATIENTWING WEBSITE OR THE SERVICE. THIS INCLUDES DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE SERVICE CONTENT OR OTHER DOCUMENTS OR INFORMATION PRESENT IN THE SERVICE (INCLUDING ANY INFORMATION POSTED OR PLACED BY ANYONE OTHER THAN PATIENTWING), EVEN IF PATIENTWING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CAP ON PATIENTWING'S AND SPONSOR’S LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO $100.
To the extent allowed by law, if any third-party brings a claim against PatientWing related to User Data or User acts or omissions within the Service, User must defend, indemnify and hold PatientWing harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Governing Law and Jurisdiction
• Users In the US. For Users located in the United States, these Terms are governed by the laws of the Commonwealth of Pennsylvania (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of these Terms. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Philadelphia County, Pennsylvania, and User submits to this personal jurisdiction and venue. Nothing in these Terms prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
• Users Located Outside the US. For Users located outside the United States, these Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. Any dispute between User and PatientWing arising out of or related to these Terms must be exclusively determined by binding arbitration in Philadelphia County, Pennsylvania under the then current international rules of the American Arbitration Association. Nothing in these Terms prevents either party from seeking injunctive relief in any court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party.
Failure by PatientWing to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by PatientWing in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
Survival of Terms and Entire Agreement
The terms and conditions which by their nature are intended to survive termination of these Terms shall survive, including User Data, Disclaimers, Restrictions, Feedback, Limitation of Liability, User Indemnity and Governing Law and Jurisdiction. These Terms constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. User is not relying on any representation concerning this subject matter, oral or written, not included in these Terms. No representation, promise or inducement not included in these Terms is binding.