Fuzzy Slipperz Technologies,Inc., d/b/a FST Corp provides you, the user (“You”), with the ability to conveniently access ClinicalTrials.gov, an existing National Institutes of Health (NIH) database, and create custom analyses and reports for management purposes through http://trialsfind.com (our “Website”).
In order to use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, these Terms and Conditions (this "Agreement"), which may be modified by Trialsfind from time to time at our sole discretion. All modifications will be posted to the Website and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as you read this Agreement, You also access and read the linked information. BY ACCESSING THE WEBSITE AND/OR THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Trialsfind provides You with access to a variety of resources, including: the ability to conveniently access ClinicalTrials.gov, an existing National Institutes of Health (NIH) database, and create custom analyses and reports for management purposes through the Website (collectively, the “Service”). The data, information, and content that You obtain through the Website is conveyed directly from the NIH’s website. Trialsfind does not guarantee and is not responsible for the accuracy or completeness or such data, information, and content which has been provided by third parties.
As a condition of registering for use of the Service, You agree to (a) provide Trialsfind with true, accurate, current, and complete information as prompted by the Trialsfind registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness, of such information.
If You are under the age of eighteen (18), You are prohibited from using or registering for the Service.
Use of the Service is void where prohibited.
You will be provided a password when You register. Your user ID will be the valid email address that you enter. Your user ID and password may only be used by You and the members of Your household. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
By agreeing to the terms and conditions of this Agreement, Trialsfind grants You a limited license to access and use the Service for Your personal use. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial, educational, or any other non-personal purpose any Content that is not Your sole and exclusive property, without the express written consent of Trialsfind.
In order for You to submit, view, and access Content on the Website, You represent and warrant that:
You own all of Your Content, including all copyright and other intellectual property rights. You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Trialsfind all of the license rights granted herein.
Although Trialsfind does not claim ownership of any of the Content, by providing Content for the Website, You automatically grant, and You represent and warrant that you have the right to grant, to Trialsfind an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Trialsfind with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
Trialsfind does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Trialsfind simply acts as a passive conduit for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Service, is the sole responsibility of the person or entity from whom such Content originated. You understand that Trialsfind does not control, and is not responsible for Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that Trialsfind has no obligation to screen, preview, monitor or approve any Content, or Content posted or submitted by any other Website user. However, Trialsfind reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness, or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Trialsfind be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Service. You understand that Trialsfind does not guarantee any confidentiality with respect to any Content you provide. You waive the right to bring or assert any claim against Trialsfind relating to Content, and release Trialsfind from any and all liability for or relating to any Content.
In connection with Your use of the Service, You represent and warrant that You:
The Content that You provide does not reflect the views of Trialsfind, its officers, managers, owners, employees, agents, designees, or other users. In addition, Trialsfind retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Trialsfind may suspend, restrict or terminate Your use of the Service and refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement, infringes upon others’ intellectual property rights, or constitutes pornography, obscenity, or excessive length. Trialsfind may at any time, without prior notice and in its sole discretion, remove such Content, terminate Your account for submitting such material in violation of these Terms and Conditions, and/or contact appropriate authorities. Additionally, Trialsfind may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Trialsfind may make Your identifiable information, account information, and the Content available to our employees and third parties with whom we contract to handle Your account. In addition, Trialsfind may provide non-personally identifiable aggregate statistics, unique identifiers, demographic, and other anonymous information about You and other users of the Service to advertisers, and other third parties. You agree that Trialsfind may make such uses of information You provide or Trialsfind collects.
You agree that Trialsfind may access, preserve, and disclose Your account information, any information provided by You to Trialsfind, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, Trialsfind believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Trialsfind, users of its Service, and/or the public.
Trialsfind will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website. Trialsfind will make note of the date of the last update to the Agreement at the bottom of this Agreement. You are responsible for reviewing these Terms and Conditions regularly. Your continued use of the Website or Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Website and Service.
Trialsfind reserves the right at any time to limit access to, modify, change, or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension, or discontinuance of the Service. You agree that Trialsfind will not be liable to You or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Service. You agree that Trialsfind may establish general practices, policies, and limits, which may or may not be published, concerning the use of the Service, including without limitation, the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Trialsfind has no responsibility or liability for the deletion or failure to store any communications maintained or transmitted by or through the Service. You agree that Trialsfind has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Trialsfind is not responsible for any delays, failures, or other damage resulting from such problems.
Trialsfind appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Although we do value Your feedback on our Service, please be specific in Your comments regarding our Service and do not submit creative ideas, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, or other information (collectively, the "Submissions"), such Submissions will be the property of Trialsfind. In addition, none of the Submissions will be subject to any obligations of confidentiality and Trialsfind will not be liable for any future use or disclosure of such Submissions.
Aside from user-submitted Content , all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software (collectively, the "Copyright Materials") are the exclusive property of the NIH or Trialsfind and/or their licensors and are protected by all United States and international copyright laws.
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT TRIALSFIND MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE CONTENT AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR PERMANENT; OR (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIALSFIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TRIALSFIND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY.
IN NO EVENT SHALL TRIALSFIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) WHATSOEVER, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SERVICE; (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (C) THE DELETION OF ANY CONTENT; (D) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (E) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT; (F) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT, OR OTHERWISE CONVEY THROUGH THE SERVICE; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICE; (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (I) ANY OTHER MATTER RELATING TO THE SERVICE; AND/OR (J) ANY BREACH OF THIS AGREEMENT BY TRIALSFIND OR THE FAILURE OF TRIALSFIND TO PROVIDE THE SERVICE UNDER THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Trialsfind, its officers, managers, owners, employees, agents, designees, users, successors, assigns, partners and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Trialsfind or that You submit, transmit, or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Trialsfind will have sole control of the defense of any such damage or claim.
This Agreement governs Your use of the Website and Service and constitutes the entire agreement between You and Trialsfind. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between You and Trialsfind regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Trialsfind under this Agreement.
This Agreement and the relationship between You and Trialsfind will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located, or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in San Diego, California and waive any defense of lack of personal jurisdiction or improper venue or forum non convenience to a claim brought in such court, except that Trialsfind may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
In the event You are no longer a user of this Website or Service, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 10, 15, and 19 through 25.
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Trialsfind's rights if Trialsfind fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, you and Trialsfind agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment, or agency relationship exists between You and Trialsfind as a result of this Agreement or use of the Website or Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE OR THE SERVICE. BY USING THE WEBSITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.