WEB SITE TERMS AND CONDITIONS OF USE

This Site and related services are provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully. Your continued use of this Site indicates your acceptance of the terms and conditions below. If you do not agree to be bound by these terms and conditions, promptly exit this Site.

1. Restrictions on Use and Ownership

All pages within this Web Site and any material made available for download (collectively the Site) are the property of Duke Clinical Research Institute (“DCRI”) and/or its subsidiaries and affiliates. The content on the Site is provided for informational purposes only.

DCRI hereby grants you a nonexclusive license to use the Site only for your personal, noncommercial use and not to obtain materials, data, or information to gain a competitive advantage. As a condition of your use of this Site, you warrant to DCRI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

The contents of the Site, including text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of DCRI, except that you may download content from the Site to any single computer for your personal, noncommercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end-user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Web Site or networked computer environment for any purpose is prohibited.

Persons viewing this site may not make copies of any of the materials on it for any purpose, with the sole exception of the automatic copies that your Web browser may make to a temporary cache on your computer’s hard drive for ordinary private viewing purposes.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by DCRI.

2. Trademark Notice

DCRI and the Duke Medical School VERITAS shield are trademarks of the President and Fellows of Duke College and are used under license. All other trademarks, service marks, and logos used in this Site are trademarks, service marks, or logos of their respective owners.

3. Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), DCRI is registered with the U.S. Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to Marion Jervay, 2400 Pratt Street, Durham, NC 27705.

4. No Medical Advice

This Site does NOT provide Medical Advice! Nothing you learn on this Site can be considered medical advice. The information you obtain from this Site might be inappropriate for your own situation, or might be misinterpreted. DCRI assumes no responsibility for how you use the information you obtain from this Site. Also, please note that although we strive to keep our information up to date, medical information changes rapidly, and some information may be out of date. For advice about your own situation, ask your doctor!

5. Warranty Disclaimer

This Site, including any content or information contained within it or any Site-related service, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this Site, Site-related services, and hyperlinked Web sites. No oral or written information or advice given by DCRI or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.

6. Limitation of Liability

DCRI and its affiliates, suppliers, and other third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site-related services and products, content or information contained within the Site, and/or any hyperlinked Web site, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or hyperlinked Web sites is to stop using the site and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Accuracy and Integrity of Information

Although DCRI attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform DCRI so that it can be corrected. Information contained on the Site may be changed or updated without notice.

8. Confidential and Proprietary Information/Visitor Submissions

DCRI does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to DCRI through the Site, including e-mail and all data, images, sounds, text, and other things embodied therein, (collectively "Communications") will be deemed NOT to be confidential. By sending DCRI any Communications, you grant DCRI an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those Communications in and on all media now known or later developed, and you also agree that DCRI is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

9. Visitor Chat Rooms and Other Interactive Areas

DCRI may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such Communications. DCRI, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DCRI retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

10. Links or Pointers to Other Sites

DCRI makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-DCRI site, please understand that it is independent from DCRI, and that DCRI has no control over the content on that Web site. In addition, a hyperlink to a non-DCRI Web site does not mean that DCRI endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other destructive items. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.

11. Hyperlinks to This Site

Persons constructing other Web sites may of course link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or don’t link at all. Any other use will be a violation of copyright and could subject you to legal action.

12. Caching

Web mirror sites and commercial online services may request written permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Note, however, that under no circumstances will they be granted the right to copy parts of the Site piecemeal, but to copy only the entire Site, preserving all the interior and exterior links, and not employing any of the materials out of their original context. For permission to "mirror" the site, please send e-mail describing your request.

13. Choice of Law and Venue

These Terms and Conditions are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Raleigh, North Carolina, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

14. Entire Agreement

These Terms and Conditions constitute the entire agreement between DCRI and you pertaining to the subject matter hereof. In its sole discretion, DCRI may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.