Terms of Use

Terms and Conditions of Use

CollabRx Web-Based Therapy Finder Apps

Effective March 1, 2014

IMPORTANT: The following terms constitute an agreement (this “Agreement”) between you (the “User”) and CollabRx, Inc. (“CollabRx”), the operator and owner of the Therapy Finder™ web-based application (the “Site”).  Some aspects of the Site may contain material from third party licensors, (collectively, “Licensors”, such Licensors together with CollabRx, “us” or “we”).

This is an agreement between you and CollabRx, Inc., and not with any other third party.  This Agreement governs your use of the Site.  By accessing and/or using the Site, you acknowledge your agreement to be bound by these terms of use and end user license (“Terms”) and accept the restrictions, disclaimers and limitations set out below.  Please review them carefully before using the Site.  If you do not accept these Terms, you are not permitted to register to use the Site and you must not access or use the Site.

INDEX

1. Data Protection

2. This Site is for Informational Purposes Only and Does Not Provide Medical Advice

3. User Obligations

4. License Grant

5. Prohibited Activities

6. Accounts, Passwords, and Security

7. Linking To The Site

8. Disclaimer Regarding Linked Third Party Sites

9. Disclaimer of Warranties

10. Limitation of Liability

11. Indemnification

12. Copyright Policy

13. Jurisdictional Issues

14. Governing Law

15. Waiver and Severability

16. Successors and Assigns

17. Updates

 

 

1. Data Protection

Any personal information you supply to CollabRx when using the Site will be stored and used by CollabRx in accordance with its Privacy Policy which is set forth at http://www.collabrx.com/privacy-policy/, and is incorporated by reference into these Terms. BY ACCESSING THE SITE, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

2. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.

All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.  If you think you may have a medical emergency, call your doctor or 911 immediately.

CollabRx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.  CollabRx does not receive compensation (i.e., advertising) from any third party described on the Site nor does CollabRx allow third parties to contribute to developing the medical and scientific material that appears on the Site, with the exception of the named independent clinical advisors who provide volunteer editorial support to the Site.

3. User Obligations

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Sites. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, CollabRx is not responsible for the security of any information transmitted to or from the Site.

4. License Grant

These Terms provides to you, the User, with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these Terms.  You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

5. Prohibited Activities

The Site is not intended for children under the age of 13 and children under 13 should not use the Site. You acknowledge and agree that the Site contain proprietary and/or confidential information that is protected by applicable intellectual property and other laws, and are the sole property of CollabRx and/or its Licensors. Unless otherwise specified in writing, the Site is for your personal and non-commercial use. In connection with your use of the Site, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site; 2. Access the Site by any means other than through the standard industry-accepted or CollabRx-provided interfaces; 3. Violate any applicable local, state, national or international law, rule or regulation or use the Site for any purpose that is prohibited by these Terms; 4. Manipulate or otherwise display the Site by using framing or similar navigational technology; 5. Register, subscribe or unsubscribe any party for any CollabRx product or service if you are not expressly authorized by such party to do so; 6. Use the Site in any manner that could damage, disable, overburden or impair CollabRx’s servers or networks; 7. Gain or attempt to gain unauthorized access to the Site, accounts, computer systems or networks connected to CollabRx through hacking, password mining or any other means; 8. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites; 9. Use the Site in any manner that could damage, disparage, or otherwise negatively impact CollabRx.

6. Accounts, Passwords, and Security

If your use of this Site requires you to open an account, you must complete the registration process by providing CollabRx with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to CollabRx which is untrue, inaccurate, not current or incomplete, CollabRx reserves the right to terminate your access and use of the Site.  As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify CollabRx immediately of any unauthorized use of your account or any other breach of security. Neither CollabRx nor its Licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by CollabRx, its Licensors or another party due to someone else using your account or password.

7. Linking To The Site

You may not link to the Site without the expressed written consent of CollabRx.

8. Disclaimer Regarding Linked Third Party Sites

The links on the Site will let you leave the Sites in order to access a linked third party site (the “Linked Sites”).  CollabRx provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has CollabRx exhaustively reviewed or approved the content which appears on the Linked Sites. CollabRx is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that CollabRx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

9. Disclaimer of Warranties

THE SITE AND ANY CONTENT, ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COLLABRX, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS COMPLETELY ACCURATE OR RELIABLE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES DESCRIBED. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION DESCRIBED WITHIN OR THROUGH THE SITE.

10. Limitation of Liability

NEITHER COLLABRX NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) ANY CONTENT CONTAINED ON THE SITE; (iii) ANY PRODUCT OR SERVICE DESCRIBED ON THE SITE; (iv) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (v) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF COLLABRX OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

11. Indemnification

You agree to indemnify, defend and hold CollabRx and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms, and (ii) your access or use of the Site.

12. Copyright Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by CollabRx infringe your copyright, you or your agent may send to CollabRx a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon CollabRx actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to CollabRx a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our CollabRx with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of where the material that you claim is infringing is located on the Site reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CollabRx can be reached as follows: 44 Montgomery St., STE 800, San Francisco, CA 94104; Telephone: (415) 248-5350; E-mail: support@collabrx.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

13. Jurisdictional Issues

CollabRx makes no representation or warranty that the content and materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. CollabRx reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area or jurisdiction we so desire.

14. Governing Law

These Terms and the relationship between you and CollabRx shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and CollabRx irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of San Francisco, in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

15. Waiver and Severability

The failure of CollabRx to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

16. Successors and Assigns

We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If CollabRx or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent.

17. Updates

We may modify these Terms at any time, as we deem appropriate. If you disagree with the changes to the Terms, you must discontinue your use of the Site, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site following such notice signifies your acceptance of the modified Terms. It is your responsibility to review the Terms regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. If you object to any such changes, your sole recourse will be to cease access to the Site. Continued access to the Site following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site as so modified and your use of the Site will be governed by these Terms.