Terms & Conditions
THE ALLIANCE FOR CLINICAL RESEARCH EXCELLENCE AND SAFETY WEB SITE
PLEASE READ THESE CAREFULLY
- Proprietary Rights
As between you and ACRES, and except for your Submitted Materials (as defined in Section 5 below), ACRES owns, solely and exclusively, all rights, title and interest in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, scoring information, games, widgets, gadgets, applets, other distributable applications, handicapping materials, other visuals, video, copy and software), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the ACRES Sites, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the ACRES Sites does not grant to you ownership or title of, in or to any Site Content or any other part of the ACRES Sites.
- Limited License
The trademarks, logos, service marks and trade names that may be displayed on the ACRES Sites or on Site Content are registered and unregistered trademarks of ACRES and other persons (collectively, the “Trademarks”), and may not be used unless authorized by the Trademark owner. Nothing contained on the ACRES Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the ACRES Sites without ACRES’s written permission or that of the third party rights holder.
- User Accounts
- Submitted Materials
- Rules of Conduct
While accessing or using the ACRES Sites, the Site Content and the various other features available on the ACRES Sites, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular ACRES Sites, areas or features on the ACRES, you agree that you shall not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any ACRES Site (including, for example and without limitation, in an RSS feed or podcast received from the ACRES or otherwise through a ACRES Site), or into any of your Submitted Materials that you may submit to any Forum or any other areas of the ACRES Sites;
- use, redistribute, republish or exploit any part of the ACRES Sites or any Site Content (including, for example and without limitation, an RSS feed or a podcast on a ACRES Site) for any commercial or promotional purposes, or contact any other user of the ACRES Sites for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on a ACRES Site or in a Forum on a ACRES Site;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the ACRES Sites through any means, including through means not intentionally made publicly available or provided for through the ACRES Sites;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the ACRES Sites, including, without limitation, any information residing on any server or database connected to the ACRES Sites;
- use the ACRES Sites or its features and services in any manner that could interrupt, damage, disable, overburden or impair the ACRES Sites or interfere with any other party’s use and enjoyment of the ACRES Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the ACRES Sites or its services or any software on the ACRES Sites;
- create any links from a ACRES Site (or include any links in your submissions to any Forum or any other part of a ACRES Site) directed to Web sites or content owned or maintained by third parties;
- frame any third-party sites or content, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by ACRES of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the ACRES Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the ACRES Sites or its services (or any Site Content), in whole or in part, in violation of any applicable law.
- Public Forums
- Right to Monitor and Editorial Control
- Orders for Products and Services
We may make certain products and services available for purchase or download to users of the ACRES Sites. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to ACRES. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the ACRES Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.
- Linking to the ACRES Sites
You agree that, without the prior express permission of ACRES: (a) if you include a link from any other web site to the any ACRES Site, such link shall open in a new browser window and shall link to the home page of a ACRES Site; (b) you are not permitted to link directly to any image hosted on the ACRES Sites, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (c) you may not link from any other web site to a ACRES Site in any manner such that a ACRES Site, or any page of a ACRES Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any ACRES Site signifies that you have read the restrictions described herein and agree to abide by their terms. ACRES may, in its sole discretion, insist that any link to an ACRES Site be discontinued, and ACRES may revoke your right to link to an ACRES Site from another web site at any time upon written notice to you.
- Third Party Web Sites
You may be able to link from the ACRES Sites to third party web sites and third party web sites may link to the ACRES Sites (“Linked Sites”). You acknowledge and agree that ACRES has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by ACRES. If you choose to rely on any Linked Site, you do so at your own risk and you assume all responsibilities and consequences resulting from such choice.
- DISCLAIMER OF WARRANTIES
THE ACRES SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ACRES HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. ACRES DOES NOT WARRANT THAT THE ACRES SITES, THE SERVICES, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. ACRES MAKES NO WARRANTY THAT THE ACRES SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACRES, OR FROM OR THROUGH THE ACRES SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ACRES ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE ACRES SITES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE ACRES SITES. IF YOU ARE DISSATISFIED WITH THE ACRES SITES, YOU SHOULD DISCONTINUE USING THE ACRES SITES. ACRES DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND ACRES EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE ACRES SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE ACRES SITES, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, ACRES AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA ANY ACRES SITE. WE NOW DISCLAIM, AND YOU NOW WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE ACRES SITES OR IN CORRESPONDENCE WITH THE ACRES OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE ACRES SITES ARE PROVIDED BY ACRES (OR ITS LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND ACRES OR ITS LICENSOR OR SUPPLIER.
- LIMITATION OF LIABILITY
- Jurisdictional Issues
The ACRES Sites are intended for users who are located in the United States of America. ACRES does not represent that materials on the ACRES Sites are appropriate or available for use in other locations. Persons who choose to access the ACRES Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the ACRES Sites is further subject to United States export controls. No software from the ACRES Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We respect the intellectual property rights of others, and require that the people who use the ACRES Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to ACRES’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We will respond to notices of claimed copyright infringement in accordance with the DMCA. Questions, comments or inquiries unrelated to the DMCA should be addressed to:
The Alliance for Clinical Research Excellence and Safety
One Broadway, Cambridge, MA 02142 (USA)
Phone: 1+ 844-60 ACRES (22737)
Fax: 1+ 844-70 ACRES (22737)
Effective Date: June 15, 2014