Lupus Clinical Trials Consortium

Terms and Conditions of Use of the Lupus Clinical Trials Consortium, Inc., Website
(Revision Date October 20, 2006)

PLEASE READ THESE TERMS AND CONDITIONS OF USE.

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

YOU UNDERSTAND AND AGREE THAT YOU ARE ONLY AUTHORIZED TO USE THIS WEBSITE AS PROVIDED IN THESE TERMS AND CONDITIONS, AND THAT ANY OTHER ACTIVITY BY YOU INVOLVING THIS WEBSITE IS UNAUTHORIZED.

LupusClinicalTrials.org (lupusclinicaltrials.org), referred to throughout as the “Site,” is an online information and educational service provided by Lupus Clinical Trials Consortium, Inc. ("LCTC"). Use of the Site is governed by the terms and conditions set forth in these Terms and Conditions. Please read these Terms and Conditions carefully before accessing or using the Site. Throughout these Terms and Conditions, LCTC is also referred to as “we” or “us.”

Table of Contents
General Terms and Conditions
License and Proprietary Information
No Medical Advice
No Legal Advice
No Endorsement
User Representations and Warranties
User Conduct
No Warranties
Indemnity
Limitation of Liability and Remedies
Privacy
Other Websites
Digital Millennium Copyright Act Compliance
Complaint Procedure
Notice
Severability
No Waiver
Third-Party Rights
Entire Agreement
Successors and Assigns
Governing Law; Jurisdiction and Venue
Dispute Resolution

General Terms and Conditions
By accessing or using the Site, you agree to be bound by all of the terms and conditions of these Terms and Conditions. These Terms and Conditions are intended to be fully effective and binding upon you and us.

We may revise these Terms and Conditions from time to time. All revisions to these Terms and Conditions will be effective upon notice given by means of posting the revised Terms and Conditions on this website. The current revision date is posted at the top. We may also post additional notices highlighting changes or revisions below, and any such notice posted below will be dated and will remain posted until the next revision is made. Your continued usage of the Site after any revision(s) to these Terms and Conditions will constitute your acceptance of such revised terms. We encourage you to refer to these Terms and Conditions frequently, and to regularly check the revision date shown at the top and any notices which may appear below.

Revisions Since Preceding Publication Date: October 20, 2006
None

License and Proprietary Information
We hereby grant you a personal, nonexclusive, nontransferable, limited, and revocable right to use the Site and to view or download a single copy of the material on the Site solely for your personal noncommercial purposes in accordance with these Terms and Conditions. This right granted to you pertains to the Site and all content available on the Site whether digital or printed or in any format that it might be published or made available through the Site. All rights not expressly granted to you are reserved. Without limitation you may not reproduce, create derivative works, display, redisplay, replay, publish, republish, perform, or distribute, sell, rent, lease, lend or otherwise transfer copies of anything you use, view or download on the Site.

You will not use the Site for any other purpose, including but not limited to any commercial purpose, without our prior written consent. Without our prior written consent you will not, and you will not authorize or direct any other person to (1) co-brand the Site or any portion thereof, (2) frame the Site or any portion thereof (so that the Site appears on the same screen with a portion of another website), or (3) link to the Site from any other website, including via deep linking, except for linking to the home page of the Site lupusclinicaltrials.org.

“Co-brand” means to display a name, logo, trademark, or other means of attribution or identification of any party in a manner reasonably likely to give a user of the Site the impression that the party has the right to display, publish, or distribute the Site or any content accessible within the Site. You agree to cooperate with us in immediately stopping any unauthorized co-branding, framing, or linking to the Site.

The content (including but not limited to text, photos, videos, and animation) accessible within the Site (collectively, the “Content”) contains the intellectual property and other proprietary information of LCTC and/or our content providers (as applicable). All title to, ownership of, and rights in and to such Content is, and at all times will remain, the sole and exclusive property of LCTC and our content providers (as the case may be). Improper reproduction or distribution of any of the Content could subject you to civil and criminal penalties.

You will not remove or alter, or cause or direct to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Site or any of the Content.

Our name and our trademarks, service marks, logos, or other identifying symbols or features may not be used by you or others without our prior written consent. Without limiting this general restriction, you are specifically prohibited from making any use of these materials in advertising or publicity, or otherwise to suggest our sponsorship of or affiliation with any other organization or any product or service, without our prior written consent.

No Medical Advice
THE SITE DOES NOT PROVIDE MEDICAL ADVICE

FOR INDIVIDUALS USING THE SITE FOR THEIR OWN PURPOSES:
The information on the Site, including but not limited to any Content, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis, or treatment.

This information is not intended as medical advice and should not be used for, nor is it intended to constitute, a medical diagnosis or treatment. Information on the Site is not provided in the course of a professional relationship between a healthcare provider and a patient and is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional.

You always should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your medical care. If you think you may have a medical emergency, please call or see your doctor, or call 911, immediately and without delay. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.

FOR MEDICAL PROFESSIONALS USING THE SITE:
The information on the Site, including but not limited to any Content, is for informational and educational purposes only. Although the Site uses reasonable efforts to ensure that the information provided is current, complete and, where appropriate, based on scientific evidence, the Site makes no assurances as to whether the provided information will at all times be current and does not intend to provide medical advice or reflect the best medical practice for any specific circumstance.

You therefore should not substitute information contained on the Site for your own professional judgment, nor should you rely on information provided on the Site in rendering a diagnosis or choosing a course of treatment for a particular individual.

No Legal Advice
THE SITE DOES NOT PROVIDE LEGAL ADVICE

The information on the Site, including but not limited to any Content, is for informational and educational purposes only and is not intended as legal advice. Information on the Site is not provided in the course of a professional relationship between an attorney and an individual and is not intended to create any attorney-client relationship, nor should it be considered a replacement for consultation with an attorney.

You always should seek the advice of an attorney to address any questions or concerns you may have regarding your rights under the law or any contract to which you are a party.

No Endorsement
Nothing in the Site is intended as a recommendation or endorsement of any specific test, product, procedure, opinion, facility, medical professional, or other information that may be included, or referred to, on the Site. Any reliance by you on any information provided by the Site, its staff, other persons appearing or providing information on the Site at the invitation of the Site, other visitors to the Site, and/or linked, referred to or referenced on the Site is solely at your own risk.

User Representations and Warranties
By using the Site, you hereby affirm and swear that: (1) you are an individual of at least eighteen (18) years of age; (2) you have the legal power and authority to agree to, and be bound by, these Terms and Conditions; (3) if you have provided information to us in connection with your use of the Site, such information is true and accurate.

User Conduct
You are responsible at all times for your use of the Site, and, if you acquire the ability to access any portions of the Site requiring a login, password, or other identifier, you are also responsible for the use of the Site by others who use your login, password, or other identifier with your permission. The success of the Site depends upon our ability to maintain the Site in a manner that reflects the high-quality reputation and values of the Site's publisher, editors, and contributing authors. We reserve the right to prevent anyone from accessing or using the Site who, in our judgment, is, through their access to or use of the Site, damaging the functionality of the Site, altering existing content, or posting inappropriate content, or in any manner tarnishing the high-quality reputation and goodwill of the Site. Without limiting this general restriction, you may not, under any circumstances, do any of the following in connection with your use of the Site or any service provided by the Site:

post or transmit any message, data, image, or program which is libelous or defamatory;
post or transmit any message, data, image, or program which is indecent, obscene or pornographic;
post or transmit any message, data, image, or program that is harmful, threatening, abusive, or hateful;
post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
use the Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
intercept or attempt to intercept email or other private communications not intended for you;
send email to users of the Site or other Internet users for any purpose other than personal communication, including to advertise or offer unsolicited to sell goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which users of the Site or other Internet users need to respond (except as otherwise expressly permitted by the Site);
send unsolicited email messages through third-party mail servers to relay your email or hide the origination of your email to others;
upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
upload files that contain a virus or corrupted data, or otherwise distribute harmful computer code;
delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a forum or the Site;
falsify the source or origin of software or other material contained in a file that you upload to a forum or the Site;
use simultaneous, unattended or continuous connections to the Site with one account;
use the Site in a manner that adversely affects the availability of its resources to other users;
use, download, or otherwise copy, or provide (whether or not for a fee) user information other than for personal, noncommercial purposes (except as otherwise expressly permitted by the Site);
falsely purport to be an employee or agent of the Site; or
in your use of the Site act, or fail to act, in a manner that violates any applicable law or regulation.

Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability. LCTC may fully cooperate with any law enforcement authorities or court order requesting or directing LCTC to disclose the identity of anyone posting any information or material on the Site in violation of applicable law, regulation, or other governmental directive. LCTC may also fully cooperate with any governmental investigation into activities alleged to be illegal, and may disclose any information requested by investigators in connection with such an effort.

If LCTC becomes aware that you have violated any of these Terms and Conditions, LCTC may immediately take corrective action, at any time and without notice to you, including preventing you from using the services offered by LCTC and taking down any information, data, and content put on the Site by you. LCTC will not be liable for any such action.

No Warranties
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES. BY ACCESSING THE SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE DESCRIBED HEREIN.

Without limiting the above, LCTC makes no representations regarding, and does not warrant the accuracy, completeness, timeliness, or usefulness of the opinions and other information provided through the Site or on the World Wide Web generally.

In the course of using the Site, you may be referred, linked, or otherwise directed to outside resources, including content, services, events, and products provided by others. It is our mission to empower you by making these resources available to you; however, we have no control over such outside resources and LCTC makes no guarantees about the quality, accuracy, relevance, timeliness, or completeness of any such outside resources.

LCTC makes no representations or warranties regarding its own or any third party’s compliance with any government regulations requiring disclosure of information about prescription drug products or the approval or compliance of any software tools with regard to the Content provided on the Site. LCTC, its licensors, and its suppliers have no control over and accept no responsibility for compliance with the laws, rules, and regulations applicable to your country or state of residence.

The Site may contain health or medical-related materials that you may find sexually explicit or otherwise offensive.

Access and use of the Site may require the use of software, hardware, servers, and/or services provided or maintained by others and over which LCTC has no control. LCTC does not guarantee that these products will work as expected and expressly disclaims all warranties and conditions with respect to such software, hardware, servers, and services, either express or implied or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

All information with respect to the Site is transmitted over a medium that is beyond our control and jurisdiction. Accordingly, we are not responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or any site accessed through the Site. We do not guarantee continuous access to the Site, or that any defect in the Site will be corrected. You are solely responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your computer systems and/or accuracy or integrity of data, and for maintaining a means of reconstructing or retrieving any lost or corrupted data.

Indemnity
You agree to indemnify, defend, and hold harmless LCTC and its directors, officers, employees, agents, representatives, information providers, partners, advertisers, and suppliers from and against any and all losses, expenses, damages, and costs (including but not limited to reasonable attorney's fees), resulting from any breach or violation by you of the terms and conditions of these Terms and Conditions or any of the representations and warranties made by you hereunder.

Limitation of Liability and Remedies
Under no circumstances will LCTC or any of its directors, officers, employees, agents, representatives, information providers, partners, advertisers, or suppliers be liable to you or any other party for any punitive, special, incidental, indirect, or consequential damages whatsoever, however arising (including, without limitation, our negligence), including but not limited to damages resulting from loss of use, data, sales, goodwill, or profits, whether or not we have been advised of such possibility, or under any legal or equitable theory, in tort, in contract, at equity, or otherwise, arising out of or in connection with your use of the Site.

Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.

Privacy
Our current Privacy Policy is available on the Site. Please read it carefully. Its terms are fully incorporated into these Terms and Conditions by this reference.

You may choose to provide nonpersonal information in response to questions or surveys on the Site. By providing such nonpersonal information you agree that this information is appropriate public information and that we may use it accordingly.

Other Websites
These Terms and Conditions govern only the Site, and not any website to which the Site may be linked or that may be referenced on the Site or any publications or events sponsored by others that may be referenced on the Site. LCTC does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on this Site or any other websites, events, or publications.

Further, the inclusion of links to other websites is not intended to reflect the importance of these other sites, and nor does a link imply endorsement of, sponsorship of, or affiliation with the linked site.

LCTC does not endorse any of the views expressed in, products or services offered by, or activity or action advocated or otherwise mentioned by such other sites. We have not reviewed other websites linked to the Site, and are not responsible for their content. You access other websites, publications, and events linked to the Site at your own risk.

Digital Millennium Copyright Act Compliance
LCTC complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512).

Complaint Procedure
If you have any complaints or objections to material posted on this site, you may contact us at:

Lupus Clinical Trials Consortium, Inc.
221 E. 48th St., Ground Floor
New York, NY 10017

OR email:

If you believe that material posted on this site infringes a copyright that you hold, you may request removal of those materials (or access thereto) from the Site by sending a written notification to LCTC and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your full name and contact information, including your address, telephone number. and (if available) email address.

4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

7. Send the written notification to the following address:

Lupus Clinical Trials Consortium, Inc.
221 E. 48th St., Ground Floor
New York, NY 10017

OR email:

If we receive notice that certain material posted on this site infringes a copyright or violates these Terms and Conditions, we will: (1) notify the user who posted the material, if possible, and (2) block access to or remove the material in question. If the user posting the material believes that the material has been erroneously identified as infringing a copyright, such user may send us a “counter-notice” informing us of such error.

If you believe that material you posted has been erroneously identified as infringing a copyright, you may file a counter-notice. To file a counter-notice, please send a written notification to LCTC and provide the following information:

1. Identify the specific URLs of material that LCTC has removed or to which LCTC has disabled access.

2. Your full name and contact information, including your address, telephone number and (if available) e-mail address.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

4. Your signature or the electronic equivalent.

5. Send the written communication to the following address:

Lupus Clinical Trials Consortium, Inc.
221 E. 48th St., Ground Floor
New York, NY 10017

OR email:

If we do not receive any commercially reasonable evidence that a copyright infringement lawsuit has been or will be filed regarding the questionable material within 30 days from the time the counter-notice is received by us, we will unblock or restore the material in its original form to its original location.

In an effort to protect the rights of copyright owners, we reserve the right to prevent users of the Site who are repeat copyright infringers from accessing the Site or using any services offered by LCTC.

Notice
Except as explicitly stated otherwise herein, all notices and other communications must be sent to LCTC in writing in English via certified mail, postage prepaid, addressed to 221 E. 48th St., Second Floor, New York, NY 10017.

Severability
The provisions of these Terms and Conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions.

No Waiver
No waiver of a provision contained in these Terms and Conditions, or of any breach thereof, will be effective unless set forth in writing executed by the waiving party. The waiver of a breach of any provision contained in these Terms and Conditions will not operate or be construed as a waiver of any succeeding breach of such provision or as a waiver of the provision itself.

Third-Party Rights
The provisions of Indemnity and Limitation of Liability and Remedies in these Terms and Conditions are for the benefit of LCTC and its directors, officers, employees, agents, representatives, information providers, partners, advertisers, or suppliers. Each of these individuals or entities will have the right to assert and enforce those provisions directly against you on his/her/its own behalf.

Entire Agreement
These Terms and Conditions, including all documents linked hereto, each of which is incorporated by reference herein, constitutes the entire agreement between LCTC and you, and supersedes all prior and contemporaneous agreements, negotiations, promises, or understandings between the parties, whether oral or written, relating to the subject matter hereof.

A printed version of these Terms and Conditions will be admissible in any judicial or administrative proceeding relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form.

Successors and Assigns
These Terms and Conditions will be binding upon your heirs, administrators, and personal representatives, and will inure to the benefit of our successors and assigns.

Governing Law; Jurisdiction and Venue
The Site (excluding links) is controlled by LCTC and operated by it from its offices in and around New York, New York. While LCTC has made no effort to publish the Site elsewhere, because the Site is published on the World Wide Web it is accessible in all fifty states and other countries.

As each of these places has laws that may differ from those of New York and from each other, and as you and LCTC both benefit from establishing a predictable legal environment in which to publish, access, and use the Site, by publishing, accessing, and/or using this Site, you and LCTC agree that all matters arising from or relating to the use and operation of the Site will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws principles. LCTC and you each hereby irrevocably agree that any legal action or proceeding arising out of or in relation to these Terms and Conditions may be brought in the courts of the State of New York located in New York County or the courts of the United States of America for the Southern District of New York, and that such court(s) will have sole and exclusive jurisdiction with respect to any such legal action or proceeding.

LCTC and you each hereby submit to the personal jurisdiction of, and venue in, such court(s) for the purposes thereof, and will not challenge venue by reason of inconvenience or otherwise.

Dispute Resolution
Notwithstanding the foregoing, LCTC and you each hereby irrevocably agree that any dispute arising out of or in relation to these Terms and Conditions, or your use of lupusclinicaltrials.org will be submitted to binding arbitration.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in connection with such dispute to protect its rights (including but not limited to LCTC’s intellectual property rights) and/or property in any court within the aforementioned geographic areas without first resorting to arbitration. The arbitration will be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association (“AAA”) by a single arbitrator selected in accordance with the AAA’s rules.

The arbitration will be held in New York, New York. The arbitrator will be directed to complete the arbitration proceedings and make any award within twenty-four months of the date of the arbitration’s commencement. The arbitrator will not have the power to award damages in connection with any dispute in excess of actual compensatory damages, and will not award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto.

The arbitration award will be final and binding upon the parties, and their respective administrators, executors, legal representatives, successors, and assigns, and it may be confirmed and enforced in any court of competent jurisdiction. The parties, their representatives, the arbitrator, and any other person involved in the arbitration will be required to hold in confidence the existence, content, and outcome of the arbitration unless otherwise agreed by LCTC and you. The costs of the arbitration will be borne equally by the parties pending the award (in which the arbitrator may apportion the costs of the arbitration as he/she sees fit).

Upon the decision of the arbitrator, the prevailing party will be entitled to receive from the other party an award of reasonable attorneys´ fees incurred in connection with the arbitration. Any dispute will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.