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.
This policy explains how VitalTrax, LLC. (VitalTrax) collects, uses and protects Personal Information as part of the VitalTrax service and website (Service).
Personal Information means information that determines the identity of an individual, but excludes information that is encoded or anonymized, or publicly available information (that has not been combined with non-public information).
Registration DataWhen registering with our Service you will provide Personal Information such as, name, address, phone number, and email address.
CookiesOur servers retain information in cookies about your session when you enter and use our Service.
Devices and NetworksWhen 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. Most devices allow you to prevent location data from being sent to us and we honor your settings.
MessagesWe collect information about you when you send, receive, or engage with messages in connection with the Service.
Third Party Sites and ServicesWe receive information about your visits and interaction with services provided by third parties when accessed through our Service.
No-SpamWe will not sell or market to third parties the email addresses or other collected Personal Information.
Use of Personal InformationWe will use Personal Information to provide our Service, provide support, and to improve our Services.
CommunicationWe will contact you through email, notices posted on our website, messages to your inbox, and other ways through our Services, including push notifications. We will 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.
Aggregate Non-Identifiable InformationWe use aggregate non-identifiable information to improve our Services.
Server LogsWe use log-ins, cookies, device information and internet protocol addresses to identify you and log your use of the Service.
Encryption KeysHere is more information about how we use encryption keys to secure information that is backed up with our Service:
Information Collected and How We Use it
At various locations on our site, and during our business practice, we ask you for information, which will allow 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. We collect information in the following ways:
Initial User RegistrationWe collect information you provide to us when you register at one of our sites (e.g., name, date of birth, email address, address, phone number, and demographic information).
Further InformationAt various locations on our site, we may ask you for additional information so that we can provide you with additional services (e.g., notification about your appointments or new clinical trials).
Enrollment FormsMany of our users are interested in enrolling in clinical trials. To learn whether you satisfy the criteria for a particular trial, we request medical information via a questionnaire. If you meet the prequalification criteria for the trial, and grant PatientWing explicit permission to do so, your information will be forwarded to an investigator in your area for further evaluation; the investigator will be under strict constraints by laws governing the disclosure of Personal Information. You can also input your child’s date of birth and medical information to verify if your child satisfies the criteria for a particular trial.
Refer-a-friendWe allow users to tell their friends and family members about our site using our referral service. If you provide your friend’s name and email address, we will automatically send a one-time email inviting him or her to visit our site. We do not store this email address and will not use it for any other purpose. Your friend may contact us at email@example.com to request that we remove this information from our database.
- We and our partners (e.g., medical centers, healthcare companies, medical websites) may occasionally offer newsletters or other publications focused on specific medical conditions that you might want to receive. If you ask to receive a newsletter, we will use your contact information to deliver the material you request.
Messaging ServicesIf 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.
Opt Out RequestsIf you register to use our resource documents, we request your name, company email address, company name, and telephone number. We use this information to create an account for you to allow you access to our patient recruitment white papers, recorded webinars, brochures, case studies, and other resources.
Resource Documents RegistrationIf you register to use our resource documents, we request your name, company email address, company name, and telephone number. We use this information to create an account for you to allow you access to our patient recruitment white papers, recorded webinars, brochures, case studies, and other resources.
We will retain your information for as long as your account is active or as needed to provide you services. You may remove your information from our contact list by sending an email entitled “Unsubscribe” to firstname.lastname@example.org. Please note that we may retain and use your information as necessary to comply with our legal obligations, when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order or similar legal process served on our Web Site, resolve disputes, and enforce our agreements.
Sharing and Disclosure
SharingThe Service allows messaging and sharing of information in many ways, such as your profile, posted content, and links to third party websites. Information and content that you share or post may be seen by other Vitaltrax customers. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g. restricting your profile visibility from search engines, or opting not to notify others of your profile update).
Lega RequirementWe may be required by law to disclose your Personal Information, and we will try to take steps to limit any such disclosure.
Change of OwnershipIf we are acquired or otherwise sell our business, we will transfer all of the user information (including Personal Information among other things) to the successor entity. We will try to notify you of any change in ownership or sale by either posting it in our Service or by emailing you (at the email address in the system).
Personal Information RetentionWe may retain or delete your Personal Information after your account with the Service has been closed or terminated. Information that you have shared with others may remain visible even after you have closed your account or deleted the information from your own profile, and we have no control over any Personal Information that any third party obtained through our Service.
Industry Standard SecurityWhile we use industry standard security measures to protect against the loss, misuse and alteration of the Personal Information under our control, there is no guaranty that our Service cannot be hacked.
No Under Age 18You must be 18 years of age or older to use the Service.
Updating or Removing Personal Information
Account UpdateYou may, at any time, correct or update the information you have submitted to us by updating your account in the Service.
Cancelling Your AccountYou may cancel or delete your account at any time by contacting us at email@example.com.
Links to Third Party SitesOur Service may contain links to other sites, which are owned and controlled by third parties. These websites have their own policies regarding privacy, and you should review those policies.
Revisions to this PolicyWe may change this policy at any time. Notice of any significant revision will be called out on this website for a period of time.