You are responsible for carefully reading this Agreement in its entirety. We recommend that you print or save a copy of this Agreement for your records and review it with your legal and other advisers prior to acceptance, which is deemed to have occurred when you access and/or use this website. Should you have any questions regarding this Agreement, feel free to contact us at GlobalPrivacyOffice@lippetaylor.com.
By using this website, you accept that the terms specified in this Agreement form a legally binding agreement between you and Lippe Taylor each time you access and/or use this website. If you do not agree with all terms in this Agreement, you are not authorized to use this website.
- Use and Restrictions. You represent, warrant and agree that you:
- Are eighteen (18) years of age or older;
- Will not post, upload or transmit to this website or Lippe Taylor any content that is false or inaccurate;
- Will not reverse engineer, decompile, disassemble, revise or violate the security of this website or attempt to do so;
- Will not use, copy, modify, create derivative works of, distribute, sell, deliver or otherwise transfer, directly or indirectly, any part or content of this website unless expressly permitted in writing in advance by Lippe Taylor; and
- Will not use this website in connection with any criminal activity or unlawful purpose, or in violation of any applicable local, state, provincial, federal, national or international laws, treaties, court orders, ordinances, regulations or administrative rules.
This website is not intended to be used for medical or clinical advice. Patients that visit this website should consult their treating doctors or other qualified health care professionals regarding any health questions they have or any treatment options they are considering.
- Intellectual Property. The content of this website, including but not limited to any text, trademarks, logos, audio features, video, designs, graphics, images and photographs, are either owned by Lippe Taylor or used by Lippe Taylor under license or other permission (collectively, “Content”). You are prohibited from using any Content without the prior written permission of Lippe Taylor or the applicable third-party owner. No direct or indirect ownership interest or license in or to the Content or any other Lippe Taylor intellectual property is granted to you in using this website or created by implication in this Agreement.
- Confidentiality. Lippe Taylor is required by law to maintain the privacy of protected health information under the Health Insurance Portability and Accountability Act of 1996 (commonly referred to as “HIPAA”). As set forth in the HIPAA Compliance and Privacy Statement accessible at www.CONTESSASTUDY.com, we use data networks protected by, among other methods, industry-standard firewall, encryption and password protection to ensure the security and confidentiality of information that we collect through this website. In the course of handling your Personal Identifiable Information (“PII”) and Personal Health Information (“PHI”), we take measures reasonably designed to protect that information from loss, misuse, unauthorized access, disclosure, alteration or destruction. Your privacy will be protected and the personal information you provide will only be shared with those involved with the clinical study if it is determined that you may be eligible to participate (except as required by law or unless you specifically permit us to do otherwise) and only to the extent necessary. Your personal information will be protected during and after your participation in the clinical study and regardless of whether you choose to discontinue at any time.
- “Cookies" and Internet Tags. When you access and use this website, we may collect and process non-personal information about your visit to this website, such as the pages you visit, the website and/or advertisement you came from and some of the searches you perform. Such information is used by us to help improve the website and to compile aggregate, anonymous statistics about individuals using our website for internal, market research purposes. In doing this, we may install "cookies" that collect the domain name of the user, your internet service provider, your operating system and the date and time of access. A "cookie" is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a "cookie," and this will enable you to decide if you want to accept it or not. If you do not accept cookies, you may not be able to use all functionality of your browser software. We may obtain the services of outside parties to assist us in collecting and processing the information described in this Section. We may use third parties to operate and maintain the server(s) on which this website operates.
- Compliance with Applicable Law. You acknowledge and agree that Lippe Taylor or its authorized vendors may report to appropriate law enforcement officials, regulators or other appropriate third parties any activity we suspect violates any law or regulation. We also may cooperate with appropriate law enforcement agencies, regulators or other appropriate third parties, as requested, by providing information related to alleged violations of this Agreement.
- Indemnification. You agree to defend, indemnify and hold harmless Lippe Taylor and its authorized vendors from and against any and all claims and liabilities (including, but not limited to, fees, costs and other reasonable expenses of attorneys and expert witnesses) made by any third party related to or arising from: (i) your participation in any clinical study; (ii) any actual or alleged violation of this Agreement or applicable law; and/or (iii) any actual or alleged infringement or violation by you of any intellectual property or privacy or other right of any person or entity. Notwithstanding the foregoing, your potential indemnification liability shall exclude, to the extent permitted by applicable state, federal or international laws, any special, incidental, punitive or consequential damages to Lippe Taylor and its authorized vendors, other than those arising from or related to your negligent or willful: (x) misappropriation of content or trade secrets; and/or (y) actual or alleged infringement of a third party's intellectual property rights or other rights.
- DISCLAIMER OF WARRANTIES. THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS CONTENT. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, EACH OF LIPPE TAYLOR AND ITS AUTHORIZED VENDORS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED, OR STATUTORY, UNLESS PROHIBITED BY LAW, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, OF ACCURACY OR OF SYSTEM INTEGRATION OR COMPATIBILITY. THE FOREGOING DISCLAIMERS INCLUDE, WITHOUT LIMITATION, ANY WARRANTY, DUTY OR CONDITION THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT ANY PARTICULAR TIME, ERROR-FREE, VIRUS-FREE, SECURE OR CORRESPOND TO ANY CONDITION. You agree that your use of this website is done at your own risk, and that LIPPE Taylor and its data protection vendors will not be liable for any damages of any kind resulting from your use of this website, YOUR reliance on any Content of this website or your participation or desired participation in any clinical study.
- EXCLUSION OF CERTAIN DAMAGES. UNLESS PROHIBITED BY LAW, YOU AGREE THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT BE ENTITLED TO ANY OF THEM: ALL SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR GOODWILL; DAMAGES FOR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY OR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER. FURTHER, NEITHER LIPPE TAYLOR NOR ANY OF ITS AUTHORIZED VENDORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, DAMAGES OR REIMBURSEMENT ARISING FROM OR IN CONNECTION WITH: YOUR INABILITY TO USE THIS WEBSITE, INCLUDING AS A RESULT OF ANY: (I) DISCONTINUATION OF THE WEBSITE; (II) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE WEBSITE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; OR (III) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT THAT LIPPE TAYLOR OR ANY OF ITS AUTHORIZED VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law; Jurisdiction; Venue. This Agreement and all causes of action related to the website will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict-of-laws principles that would require application of the laws of a different state or jurisdiction. Any dispute relating in any way to this website or this Agreement will be adjudicated in a state or federal court located in New York County, New York. You expressly consent to the exclusive jurisdiction of those courts, and you waive any objection to an exercise of personal jurisdiction over you by those courts or to the propriety of such New York County, New York venue.
- Severability. If any provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, such provision shall be curtailed or severed only to the extent necessary to bring it within legal and enforceable requirements, and all other provisions of this Agreement shall remain in full force and effect.
- Waiver. No failure by Lippe Taylor to exercise or enforce any right, power or remedy under this Agreement shall constitute or serve as a waiver of such right, power or remedy. No waiver by Lippe Taylor of a breach of any provision of this Agreement by you shall operate or be construed as a waiver or estoppel of any subsequent breach by you. No waiver by Lippe Taylor of any breach of any right under this Agreement shall be valid unless in writing and signed by an authorized representative of Lippe Taylor.
- Force Majeure. Lippe Taylor and its authorized vendors will not be liable for non-performance or delay in performance caused by any event beyond the reasonable control of such party, including, but not limited to, war, hostilities, revolutions, riots, civil commotion, terrorist activity or threat, national or state emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, any act of God or any other event of a similar nature.
- Third Party Beneficiaries; Assignment. Lippe Taylor’s authorized vendors are third-party beneficiaries to this Agreement. No party may assign or otherwise transfer this Agreement, or any rights or obligations hereunder, whether by contract, operation of law or otherwise without the express written consent of the other party to the Agreement, except that Lippe Taylor may assign or otherwise transfer this Agreement, any of its rights or obligations under this Agreement and/or any information provided to Lippe Taylor pursuant to this Agreement by way of merger, acquisition or sale of all or substantially all of its assets to any third party or as part of a corporate reorganization, without your consent. This Agreement will be binding on and inure to the benefit of Lippe Taylor and you, and Lippe Taylor’s and your respective permitted successors, assigns, heirs and agents.
- Entire Agreement. This Agreement (including the HIPAA Compliance and Privacy Statement accessible at www.CONTESSASTUDY.com, and any additional document incorporated herein by reference) constitutes the entire agreement between you and Lippe Taylor with respect to use of this website. You agree that Lippe Taylor may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. A printed or electronic version of this Agreement and of any notice given to you in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Contact Us. If you have questions or concerns about this Agreement, or if you would like any further information, please email us at GlobalPrivacyOffice@lippetaylor.com or write to us using the address below. If you have any copyright concerns, or legal concerns, please write us at:
Lippe Taylor, Inc.
215 Park Avenue South, 16th Floor
New York, NY 10003