These terms explain the relationship you have with FindMeCure as a visitor and/or user. If you have any questions or concerns, please contact us.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with FindMeCure.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
NEITHER FindMeCure NOR THE SERVICE IS INTENDED TO PROVIDE MEDICAL ADVICE. The Service is intended only to assist you in finding available clinical trials for your condition. Before making any health decisions, you should consult your doctor.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Service. That e-mail address and password, together with any phone number or other contact information you provide, form your “Registration Information.” You understand that FindMeCure takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your confidentiality resulting from sharing or losing your password. If you become aware of any unauthorized use of your Registration Information, you agree to notify FindMeCure immediately at the e-mail address email@example.com.
Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes.
Accurate information enables FindMeCure to provide the Service to you. You must provide true, accurate, current and complete information and may not misrepresent information in your Registration Information. In order for the Service to function effectively, you must also keep such information listed above up-to-date and accurate.
Your access and use of the Site and the Service may be interrupted from time to time for any of several reasons, including, without limitation, unanticipated system failures, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions beyond the control of FindMeCure or that FindMeCure, in its sole discretion, may elect to take. FindMeCure cannot always foresee or anticipate technical or other difficulties which may result in, and FindMeCure shall therefore not be responsible or liable for, any failure to obtain the needed service.
You agree that FindMeCure may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant FindMeCure a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to FindMeCure in any way. FindMeCure will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications providers. FindMeCure MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
By providing your e-mail address and phone number to FindMeCure you expressly authorize FindMeCure to contact you via e-mail or phone from time to time. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are responsible for informing FindMeCure of that change.
The Service and the contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, FindMeCure and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and the Site. The Service and all content on the Site, remain the property of FindMeCure or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that FindMeCure creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
You agree that you will not:
THE CONTENT AND ALL SERVICES ON THE SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FindMeCure MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PATIENT INFORMATION, CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
FindMeCure MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICE, OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FindMeCure MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND FindMeCure ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN.
FindMeCure SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM THE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF FindMeCure HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FindMeCure’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless FindMeCure and its officers, directors, shareholders, agents and employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but not limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to (i) any breach of this Agreement by you, (ii) your use or inability to use the Service, (iii) any Content submitted by you or (iv) your violation of applicable laws. FindMeCure reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of FindMeCure.
This Agreement will continue to apply until terminated by either you or FindMeCure as set out below. If you want to terminate your legal agreement with FindMeCure, you may do so by closing your account for the Service.
FindMeCure may at any time terminate its legal agreement with you:
All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
FindMeCure may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement, and your relationship with FindMeCure under this Agreement, shall be governed by the laws of England and Wales. Jurisdiction for any dispute with FindMeCure, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the courts of England and Wales. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in London, using the English language. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and FindMeCure agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, FindMeCure is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and FindMeCure agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, FindMeCure is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if FindMeCure does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which FindMeCure has the benefit of under any applicable law), this will not be taken to be a formal waiver of FindMeCure’s rights and that those rights or remedies will still be available to FindMeCure.
This Agreement represents the entire understanding and agreement between you and FindMeCure regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign or transfer this Agreement, by operation of law or otherwise, without FindMeCure’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. FindMeCure may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If there are any questions regarding FindMeCure or this Agreement, please contact FindMeCure at firstname.lastname@example.org