Platform Terms and Conditions

Terms of Use

Terms

The platform and its content (the "Platform"), together with the services offered by the Platform (the "Services"), are owned and controlled by IQVIA. IQVIA operates this Platform to provide data capture options in line with the clinical investigation you are participating in. Your access and use of this Platform are subject to the following terms and conditions and constitutes acceptance of these terms ("Terms of Use").

IQVIA reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Platform following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

BY USING THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO A BINDING AGREEMENT REGARDING THESE TERMS OF USE; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS AND/OR USE THE PLATFORM.

Access and Use

You may use the Platform, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Platform (singly or collectively, the "Content"). No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. IQVIA reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by these Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Platform, except as expressly permitted by these Terms of Use.

You acknowledge that when you use the Platform, the Platform may use automatic means (including for example, cookies and web beacons) to collect information about your use of the Platform. You also may be required to provide certain information about yourself as a condition to use of the Platform or certain of its features or functionality. All information collected through or in connection with this Platform is subject to our Privacy Policy. By using this Platform, you consent to all actions taken by IQVIA with respect to your information in compliance with the applicable Privacy Policy.

Copyright

IQVIA, its suppliers or the original creator of the Content own all copyrights to Content on the Platform and all other intellectual property rights related to the Platform. To the extent that IQVIA has the right to do so without compensation to third parties and except for Content specifically provided under other terms, IQVIA grants you permission to copy Content on the Platform solely for your non-commercial use in support of IQVIA products. You agree that any copies of the Content shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without IQVIA’s permission, "mirror" any Content contained on the Platform or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, or any other intellectual property right of IQVIA or any third party.

Trademarks

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the "Trademarks") displayed on the IQVIA Platform are protected intellectual properties that are registered and unregistered trademarks of IQVIA, its affiliates and others. Nothing contained on the IQVIA Platform should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Platform without the written permission of IQVIA or such third party that may own the Trademark displayed on IQVIA’s Platform. Your misuse of the Trademarks displayed on IQVIA’s Platform, or any other content on IQVIA’s Platform, except as provided herein, is strictly prohibited.

Privacy

See our Privacy Policy. Your access and use of the Platform is subject to the terms of the applicable Privacy Policy, either provider or patient, within the hyperlink above, which terms and conditions are deemed incorporated herein by this reference. Any violation of such terms and conditions will also be deemed a violation of this Agreement.

Information Provided to IQVIA

Any submission by you to IQVIA, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of IQVIA. Furthermore, by your submission you grant IQVIA an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. IQVIA shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information

Electronic Communications

When you visit the IQVIA Research Management Platform or send e-mail to us, you are communicating with us electronically. Accordingly, you explicitly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third-Party Materials

The Platform may display, include or make available third-party content (including data, information, and other materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that IQVIA is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. IQVIA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely your own risk and subject to such third-parties’ terms and conditions.

Disclaimer of Warranties

IQVIA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE PLATFORM OR THE CONTENT. IQVIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE PLATFORM, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE PLATFORM. IQVIA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. IQVIA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

IN NO EVENT WILL IQVIA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PLATFORM; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PLATFORM, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE, OR THE CONTENT, EVEN IF IQVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, IQVIA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE GREATER OF $100 OR THE ACTUAL AMOUNT OF DIRECT DAMAGES PAID BY YOU FOR USE OF THE PLATFORM.

Indemnification

You agree to indemnify, defend and hold harmless IQVIA and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Platform or your break of this Agreement. Furthermore, you agree that IQVIA assumes no responsibility for the content you submit or make available through the Platform.

Dispute Resolution

This Agreement is governed by and construed in accordance with the internal laws of the state of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in Raleigh, North Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Digital Millennium Copyright Act

IQVIA is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. IQVIA will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to IQVIA’s Designated Agent. See Notice and Procedures for Making Claims of Copyright Infringement here.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Entire Agreement

This Agreement, and our Privacy Policy constitute the entire agreement between you and IQVIA with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.


Last updated: 01 Mar 2023


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