Targeted Therapeutics Database User Agreement
 
Note

Welcome to the Targeted Therapeutics Database. Please read these terms and conditions carefully. By subscribing to and/or using the Targeted Therapeutics Database, you will be deemed to have accepted these terms and conditions. If you do not agree to these terms, we will be happy to cancel your subscription. Please do not initiate use of The Targeted Therapeutics Database or, if you have already initiated use, do not continue to use it, and send an e-mail immediately to feedback@targetedtherapeutics.com canceling your subscription. If you resume use of The Targeted Therapeutics Database or re-register for the Database, you likewise will be deemed to have agreed to these terms.

 
General Disclaimer

Targeted Therapeutics Consulting does not warrant, represent or endorse the accuracy or reliability of any of the information, content, advertisements, or Third Party Sites and Content (as defined below) (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from The Targeted Therapeutics Database, nor the quality of any compound, biologic foundation, molecular pathology, therapeutic concepts, or other information or materials displayed in The Targeted Therapeutics Database or obtained by you as a result of an expert opinion or advertisement or any other information or offer on or in connection with The Targeted Therapeutics Database. Accordingly, you should exercise care in using the Database and not rely on the Materials without conducting your own independent, thorough, and reliable investigation and consulting experts you know and trust. The Database is intended to provide a source of information that is compiled from the public domain as well as expert opinion. It is not guaranteed to be accurate, either as a true reflection of the information available, and even where it is accurate, users should exercise extreme care and not rely on the Materials, as public domain information can be inaccurate, misleading and even harmful, and expert opinion can be mistaken, skewed, and even harmful as well. In addition, please do not make individual treatment decisions based on the Materials. You acknowledge that any use of or reliance upon any Materials shall be at your sole risk. Targeted Therapeutics Consulting reserves the right, in its sole discretion and without any obligation, to make modifications to any portion of The Targeted Therapeutics Database at any time.

You acknowledge and agree that you bear responsibility for your own therapeutics research and decisions, and that Targeted Therapeutics Consulting shall not be held liable by you or any others for any decision made or action taken by you or others based upon reliance on or use of information or materials obtained or accessed through use of The Targeted Therapeutics Database.

 
General Terms of Use

  1. General Terms of Use

    1. This Agreement and General Terms of Use constitutes the agreement between Targeted Therapeutics Consulting and you as a user who accesses or establishes a connection ("user," "you," or "your") to the Targeted Therapeutics‘ Database and/or other services based on the Targeted Therapeutics Database and/or website (hereinafter referred to as the “Database"), which is owned and controlled by Targeted Therapeutics Consulting. This Agreement and General Terms of Use applies equally to test users or those accessing or establishing a connection to the Database without fee or in return for requested services.
    2. In consideration of Targeted Therapeutics Consulting providing you access to the Database, you agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Database, and your use of the Database constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Database, for all use of the Database made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.
    3. Targeted Therapeutics Consulting reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Targeted Therapeutics Consulting will notify users of any changes by posting them on the Targeted Therapeutics website or Database or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Database after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.
    4. Targeted Therapeutics Consulting reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Database, as well as any aspect pertaining to the use of the Database. Targeted Therapeutics Consulting further reserves the right, in its sole discretion, to restrict the use of the Database as well as suspend or revoke your rights to use the Database based on Targeted Therapeutics Consulting's belief that your use of the Database violates this Agreement or applicable law. Alternatively or additionally, Targeted Therapeutics Consulting may terminate this Agreement and your use of the Database in accordance with Paragraph 7.
    5. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE DATABASE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE DATABASE.

  2. Rights in Database and Database Content

    1. Content provided by Targeted Therapeutics Consulting on the Database may be protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and thus, where applicable, is owned, controlled, and/or licensed by Targeted Therapeutics Consulting. The Database is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Targeted Therapeutics Consulting. Targeted Therapeutics is a trademark of Targeted Therapeutics Consulting. All other trademarks appearing on the Database are the property of their respective owners.
    2. Content Provided by Targeted Therapeutics Consulting. You may search, retrieve, view, download, and print one copy of the content provided by Targeted Therapeutics Consulting (and not third parties) from the Database for your personal or internal business use, and shall make no other use of such content without the express written permission of Targeted Therapeutics Consulting. You will not make any changes to any such content that you are permitted to use under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any such content that you use. You further agree that all rights in the Database and any of the content found on the Database not granted to you under this Agreement are expressly reserved to Targeted Therapeutics Consulting and/or its licensors. It should also be noted that software available on the Targeted Therapeutics web site or from the Database may be subject to United States export controls. Accordingly, notwithstanding the above, you agree not to download or export or re-export software into any restricted country, including, but not limited to, Iraq, Iran, Cuba, Syria, Sudan, Libya, North Korea, and any other country to which the United States has embargoed goods. You further agree not to download, export or re-export software to any national or resident of any of the above countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or on the U.S. Commerce Departments’ Table of Denial Orders. By downloading or using any such available software, you are agreeing to the foregoing and are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    3. Content Provided by Third Parties. In connection with your use of the Database, the Database may provide you links to other third party web sites that are not owned, licensed, or controlled by Targeted Therapeutics Consulting and which contain content that is not owned, licensed, or controlled by Targeted Therapeutics Consulting (collectively, the "Third Party Sites and Content"). This Agreement grants you no rights or licenses with respect to any Third Party Sites and Content and you agree that your use of any Third Party Sites and Content shall be in accordance with any agreements or other governing rules applicable to such Third Party Sites and Content. You acknowledge and agree that the Third Party Sites and Content and their content can and will change during the course of your use of the Database and Targeted Therapeutics Consulting has no obligation to maintain or provide any Third Party Sites and Content.

  3. User Activities and Privacy of User Information on the Database

    1. You will use the Database and any content, material, or information found on the Database solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Database any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity (including copyright, trademark, other proprietary rights, rights of publicity or privacy), or contains a solicitation of funds, advertising, or a solicitation for goods or services. Targeted Therapeutics Consulting shall have the right, but not the obligation, to remove any user posting that Targeted Therapeutics Consulting deems inappropriate or in response to complaints of defamation, infringement, obscenity, or violation of any third party rights.
    2. You agree to exercise care in using the Database and not rely on the Materials without conducting your own independent, thorough, and reliable investigation and consulting experts you know and trust. The Database is intended to provide a source of information that is compiled from the public domain as well as expert opinion. It is not guaranteed to be accurate, either as a true reflection of the information available, and even where it is accurate, you agree to exercise extreme care and not rely on the Materials, as public domain information can be inaccurate, misleading and even harmful, and expert opinion can be mistaken, skewed, and even harmful as well. In addition, you agree not to make individual treatment decisions based on the Materials. You acknowledge and agree that any use of or reliance upon any Materials shall be at your sole risk.
    3. Targeted Therapeutics Consulting reserves the right to collect and use data about you and your use of the Database for its own internal purposes such as, for example, performing statistical analyses to assist us in improving the Database. Targeted Therapeutics Consulting further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. Targeted Therapeutics Consulting may also distribute such data in forms that identify you individually or reveal your identity, but only if: (1) you give your consent to such distribution in response to a request made by Targeted Therapeutics Consulting, (2) you give your implied consent by posting or uploading your information to the website or submitting your information for Targeted Therapeutics Consulting to use, publish or quote, (3) Targeted Therapeutics Consulting believes in good faith that disclosure is required by law, (4) disclosure is to persons or entities identified by name, product/service, or web site on this site or service (e.g., partners/consultants/advisors of Targeted Therapeutics Consulting, named content providers, etc.), (5) Targeted Therapeutics Consulting has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Targeted Therapeutics Consulting’ rights or property, other users, or anyone else that could be harmed by such activities, or (6) disclosure is in accordance with the terms of any Targeted Therapeutics Consulting Privacy Policy, which may be updated from time to time.

  4. Disclaimer of Warranties & Limitation of Liability

    1. You expressly agree that use of the Database and the Third Party Sites and Content is at your sole risk. Neither Targeted Therapeutics Consulting nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, experts, consultants, partners, editors, advisors or licensors (and their respective directors, officers, employees, and agents) warrant that the Database, website or the Third Party Sites and Content will be uninterrupted or error free or that they will be free of viruses or other harmful components, nor do they make any warranty as to the results that may be obtained from the use of the Database, website or the Third Party Sites and Content or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on or as a result of your use of the Database or the Third Party Sites and Content, any information, merchandise or services provided through the Database or the Third Party Sites and Content, or any links to other sites or services made available on the Database or the Third Party Sites and Content. It is agreed that Targeted Therapeutics Consulting is not responsible for the contents of any Third Party Sites and Content. Furthermore, it is understood and agreed that the inclusion of a link does not imply endorsement of the linked site by Targeted Therapeutics Consulting. Your decision to view any linked web site is at your own risk.
    2. THE DATABASE AND THE THIRD PARTY SITES AND CONTENT, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE DATABASE AND THE THIRD PARTY SITES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    3. Under no circumstances, including, but not limited to, negligence, shall Targeted Therapeutics Consulting (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, experts, consultants, partners, editors, advisors or licensors (and their respective directors, officers, employees, and agents)), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Database or the Third Party Sites and Content, the Database, or the Third Party Sites and Content. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Targeted Therapeutics Consulting (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, experts, consultants, partners, editors, advisors or licensors (and their respective directors, officers, employees, and agents)), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of Targeted Therapeutics Consulting (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, experts, consultants, partners, editors, advisors or licensors (and their respective directors, officers, employees, and agents)) to you exceed the amount paid by you to Targeted Therapeutics Consulting during the twelve (12) months prior to any claim of injury or damage.
    4. The General Disclaimer at the beginning of this Agreement is expressly incorporated by reference into and made a part of this Agreement, and You fully understand and agree to abide by its terms.
    5. User postings and any other material uploaded by users are not regularly reviewed by Targeted Therapeutics Consulting. Accordingly, you should not rely on these materials. Therefore, the above disclaimers and limitations of liability likewise apply to such postings and uploads and any loss resulting therefrom.

  5. Indemnification

    To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Targeted Therapeutics Consulting (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, experts, consultants, partners, editors, advisors or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Database or your breach of any provision of this Agreement. Targeted Therapeutics Consulting reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

  6. Notices between Us

    You may contact us by sending electronic mail to feedback@targetedtherapeutics.com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Targeted Therapeutics website or Database.

  7. Payment

    All fees are due and payable in full by you within 30 days of the date you are provided access to the Database. There shall be added to all charges hereunder amounts equal to any taxes paid or payable by Targeted Therapeutics Consulting, however designated, levied, or based on this Agreement, or on the website or Database, its charges or its use, including without limitation, sales, use, transfer and other taxes and duties imposed by any federal, state, municipal or other governmental authority, and any taxes or amounts in lieu thereof, exclusive, however, of taxes based on the net income of Targeted Therapeutics Consulting. You agree to be responsible for the payment of all such taxes, whether or not collected by Targeted Therapeutics Consulting. You shall pay interest at the rate of 1 1/2% per month on all sums hereunder which remain unpaid thirty (30) days after due, such interest to commence on the due date, plus reasonable attorney's fees and costs incurred by Targeted Therapeutics Consulting in collecting overdue amounts and in enforcing this Agreement.

  8. Termination

    Targeted Therapeutics Consulting may terminate this Agreement and your use of the Database, or discontinue the Database, for any reason upon notice at any time, refunding any applicable fee paid by you on a prorated basis. Targeted Therapeutics Consulting shall have the right immediately upon notice to you to terminate your use of the Database in the event of any conduct by you which Targeted Therapeutics Consulting, in its reasonable discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law, without refunding any fee and without waiving any unpaid fees.

  9. Law Governing Performance and Disputes

    This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of California, without giving effect to their conflict of laws principles.

  10. General Terms

    This Agreement and any rules posted on the Database or website by Targeted Therapeutics Consulting constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either Targeted Therapeutics Consulting or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Targeted Therapeutics Consulting and its successors, trustees, and permitted assigns. Targeted Therapeutics Consulting may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by Targeted Therapeutics Consulting does not relieve you of your obligations under this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.