PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
BY USING THE SERVICE OR CLICKING “AGREE,” “JOIN NOW,” “SIGN UP,” OR SIMILAR, CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON YOUR EMPLOYER’S BEHALF.
These terms of service are between VitalTrax, LLC, a Pennsylvania corporation (VitalTrax), and the user or customer agreeing to these terms (Customer).
THE SERVICE AND SERVICE CONTENT.
These terms of service provide Customer 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 Vitaltrax data or information, government records/public information, or a third party’s data or information, including other Vitaltrax customers’ information. This 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.
Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify VitalTrax promptly of any such unauthorized access; and (iv) may use the Service and Service content only in accordance with applicable law, and otherwise must comply with all applicable laws.
Customer Owned Data.
MEDICAL ADVICE DISCLAIMER. NOTHING IN THE SERVICE CONSTITUTES ACTUAL MEDICAL OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY VITALTRAX, OR ANY CONTENT PROVIDER. IF MEDICAL OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT MEDICAL PROFESSIONAL SHOULD BE SOUGHT. CUSTOMER 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 YOU IN RELIANCE UPON CONTENT.
DISCLAIMER OF WARRANTIES. VITALTRAX DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE AND USE MAY BE INTERRUPTED.
Access to Services
VitalTrax does not provide Customer with the equipment to access the Services. Customer is responsible for all fees charged by third parties related to Customer access and use of the Services (e.g., charges by Internet service providers). VitalTrax reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Service or Service Content without notice. VitalTrax will not be liable to Customer or to any third party for any modification, suspension, or discontinuance of all or any portion of the Service or Service Content. VitalTrax also reserves the right, in VitalTrax’s sole discretion, to reject, refuse to post, or remove any material that Customer posts or submits for posting, and to restrict, suspend, or terminate Customer’s access to the Service and Service Content at any time, for any or no reason, with or without prior notice, and without liability.
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 VitalTrax and VitalTrax 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 VitalTrax endorses that site, its products, or views expressed therein. VitalTrax provides these links merely for convenience and the presence of such third-party links are not an endorsement or recommendation by VitalTrax.
Reservation of rights
The software, workflow processes, user interface, designs and other technologies provided by VitalTrax as part of the Service are the proprietary property of VitalTrax and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with VitalTrax. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. VitalTrax reserves all rights unless expressly granted in this agreement
Customer must comply with all applicable laws when using the Service and Service Content. Customer 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 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 Customer’s identity or create a false identity.
If Customer provides feedback or suggestions about the Service or Service Content, then VitalTrax (and those it allows to use its technology) may use such information without obligation to Customer.
LIMIT OF LIABILITY. IN NO EVENT SHALL VITALTRAX 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 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 VITALTRAX 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 VITALTRAX), EVEN IF VITALTRAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CAP ON VITALTRAX’S LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE IS LIMITED TO $100.
To the extent allowed by law, if any third-party brings a claim against VitalTrax related to Customer Data or Customer acts or omissions within the Service, Customer must defend, indemnify and hold VitalTrax 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
- Customers In the US. For Customers located in the United States, these terms of service 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 of service. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Philadelphia County, Pennsylvania, and Customer submits to this personal jurisdiction and venue. Nothing in this agreement 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.
- Customers Located Outside the US. For Customers located outside the United States, these terms of service are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. Any dispute between Customer and VitalTrax arising out of or related to these terms of service must be exclusively determined by binding arbitration in Philadelphia County, Pennsylvania under the then current international rules of the American Arbitration Association. Nothing in this agreement 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 VitalTrax 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 VitalTrax in writing. In the event that a court of competent jurisdiction finds any provision of these terms of service 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 Customer Owned Data, Restrictions, Disclaimer of Warranties, Feedback, Customer Indemnity, and Limitation of Liability. These terms of service 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. Customer is not relying on any representation concerning this subject matter, oral or written, not included in these terms of service. No representation, promise or inducement not included in these terms of service is binding.
- In e-mail, text, or other electronic messages between you and this Site
It does not apply to information collected:
- Offline or through any other means, including on any other website
- By any third party, including through any application or content that may link to or be accessible from the Site. These websites have their own policies regarding privacy, and you should review those policies.
INFORMATION WE COLLECT
We may collect and store the following information.
Information Provided in Forms:
At various locations on our site, and during our business practices, we ask you for information that allows us to provide you (whether you are a patient or physician) with information that is targeted specifically to you. If you would like to be considered for enrollment in a clinical trial, this information allows us to contact you regarding particular studies for which you may be eligible.
To use some of the Services, including learning whether you satisfy the criteria for a particular trial, you need to provide information such as your first and last names, email address, telephone number, and certain medical information.
If you contact us via the form on the website, you need to provide information such as your first and last names, email address, company name, and telephone number.
The relevant information is then used by us, our agents, and sub-contractors to communicate with you on any matter relating to the provision of your service in general.
We collect information about you when you send, receive, or engage with messages in connection with the Service. If you enroll in a clinical trial and expressly consent to receiving study information and messages, we will provide you with appointment reminders, study instructions, and other important study instructions. In addition, we may exchange relevant health information with the study doctor and staff in order to provide these services.
Usage, Log, Cookies:
When you use our Services, we, or our third party providers, may use a variety of technologies that collect information about how you use and access the Services. Our servers retain information in cookies about your session when you enter and use our Service. The information we collect may include the following.
We use log-ins, cookies, device information, and internet protocol addresses to identify you and log your use of the Service.
Feedback and email communications you send us
Any feedback, questions, suggestions, or comments you send us will be treated as non-confidential and non-proprietary, and we may use them and share them with third parties. We collect the email addresses of those who communicate with us by email. We may record your inquiries in a database.
We may contact you through email, notices posted on our website, messages to your inbox, and other ways through our Services, including push notifications. We may send you messages about the availability of our Services, security, or other service-related issues. You may change your communication preferences at any time, though not with respect to Service operations. We also enable communications between you and others through our Services.
This includes information, such as the time of an event, how you came to the Services, what search engine and search keywords you may have used to get to the Service, your activities on the Services including: pages visited, referring sites, forms submitted on the Site and the submission time.
Devices and Networks
When you visit or leave our Service, we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Service from a mobile device, that device will send us data about your location.
Information about your estimated location which may be deduced by various technologies including your IP address.
How We Use the Information Collected
We may use the information we collect, including information that identifies, or together with other information may identify, you ("") in the following ways:
- To contact you in connection with your use of services
- To offer you additional products or services that may be of interest to you
- To communicate with you about the Services by email you agree to receive
- For the specific purpose for which the information was provided
- To help diagnose problems with our server and to administer the Site
- To generate aggregate statistical studies
- To prevent or detect fraud
- As required by law or regulation, or as requested by government authorities
- To analyze how you use the Services, including how you interact with applications, advertising, products, and services that are made available, linked to, or offered through the Services
How We Share the Information Collected
Our third-party providers may have access to information we provide to them including your email address, as well as to the content of emails we send to you. Emails sent to you in connection with the Services may include single pixel gifs, also called web beacons. They provide our third-party providers access to the information listed above under "".
In addition to the uses detailed above, we may disclose your personal information:
- In accordance with our legitimate business interests or to comply with applicable law
- To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions
- To cooperate with regulatory authorities or law enforcement
- To establish, exercise, or defend our legal rights or defend against legal claims
- When you explicitly consent to the disclosure of such information to a third party when connecting to a third-party service that asks you if you consent to such sharing
- To parent companies, subsidiaries, joint ventures, or other companies under common control
- In connection with a merger, acquisition, consolidation, change of control or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation
- If we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general, such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the website infrastructure
We may also share de-identified or aggregated information about you with third parties, including with academic researchers for purposes including statistical analysis and academic study.
Please see the section "” below for information about the technologies that we and third parties use to collect information and to learn about options in connection with these.
Security and Information Protection
We take reasonable precautions to protect your Personal Information. For example, all Personal Information collected by us is transferred over https, and all Personal Information stored by us or for us is kept on a server in a secure environment. Only employees, our partners, and sub-contractors who need the information to perform a specific service are granted access to the information.
Third Party Links
The Services may contain links to third party sites that are not owned or controlled by VitalTrax. We have no control over the content, privacy policies, or practices of any third party site. You are subject to the policies of those third party sites where applicable. We encourage you to ask questions before you disclose your Personal Information.
Changing and Deleting Your Information
To view or correct the Personal Information you provided to us, please contact us at . You may opt out of receiving promotional email communications regarding our activities by clicking the "unsubscribe" link provided with each email. We will continue to send you non-promotional notifications in connection with the Services.
You may request we delete the Personal Information you provided to us by contacting us at . If you make such request, we will respond to you within a reasonable time and, where appropriate, grant these rights to you. These rights are subject to some exceptions, including where the burden or expense of providing access would be disproportionate to the risks to your privacy, or where the rights of other individuals would be violated as a result. We will retain your Personal Information until the information is no longer necessary to accomplish the purpose for which it was provided or you have requested we delete your Personal Information (as stated above). We may retain your information for longer periods when we are obliged to do so in accordance with applicable laws and regulations and/or we reasonably believe that retaining the information is necessary to protect our legal rights or legitimate business interests.
Even if you have requested that we delete your Personal Information, the deletion by our third-party providers may not be immediate and the deleted information may persist for a reasonable period of time for the provider's legitimate reasons or satisfaction of legal obligations. For any privacy or data-protection-related questions, please contact us at .
Cookies are text information files your web browser places on your computer, mobile phone, or other device when you visit a website. Cookie help website providers recognize your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, that indicate whether it had been viewed), web bugs (similar to pixel tags), and local storage objects (using mechanisms such as browser web storage (including HTML 5) and application data caches), which are used in desktop software or mobile devices.
Browser Do Not Track
The Services do not support Do Not Track at this time. Do Not Track (DNT) is a privacy preference you can set in your web browser to indicate you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page.
Cross Border Transfer
VitalTrax transfers, processes, and stores information about you on servers located in the United States. We may also subcontract processing to, or share your information with, third parties located in countries other than your home country.
In certain situations, VitalTrax may be required to disclose personal data in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements. For more information, please see the
"" section above.
If you have any concerns or complaints regarding the processing of your personal data, please contact us as described in the "" Section below. You also have the option to resolve any dispute we have not adequately addressed through the Better Business Bureau our U.S.-based third party dispute resolution provider, at no cost to you. You may contact them through http://www.bbb.org/EU-privacy-shield/for-eu-consumers.
Other Cross Border Transfers
In connection with the cross border transfer of your personal information, including to the United States, your Personal Information may be subject to privacy laws that may not provide the same protection as your country of residence. For example, government entities in the United States and other countries may have certain rights to access your Personal Information. By using the Services you are consenting to this transfer of your personal information.
3401 Market St Suite 200
Philadelphia, PA 19104
ATTN: Privacy Officer