Terms of Use

We don’t mean to inundate you with legal stuff, but we need to make clear our respective rights and responsibilities related to participating and contributing using the OpenClinica website and free services we provide over the web, such as the OpenClinica Forums, OpenClinica Rule Designer, Documentation, and CRF Library. We offer you access to these things (collectively the “Services”) subject to the terms and conditions of use (“Terms”) contained herein. By accessing, creating or contributing to any Services hosted at https://www.openclinica.com, and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before participating or contributing to the site.

1. Rights for the Content You Submit

Default Creative Commons Public License
Unless you specify otherwise, any and all copyrightable work created by you and posted by you to any OpenClinica Service (“Content”) is submitted under the terms of an Attribution-NonCommercial Creative Commons Public License. Under this license, you permit anyone to copy, distribute, display, perform and create adaptations of your Content, royalty-free, on the condition that they credit your authorship each time they do so.

2. Use of Your Name

You grant permission to the administrators of the OpenClinica Website to use your name for purposes of identifying your Content on this website. You agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to cancel your use of the Services and delete any of your Content.

3. Conduct

Contributing
As a general matter, where applicable you may post Content to the Services, so long as the Content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Administrators of the Services reserve the right to remove any material posted which is deemed in violation of the norms mentioned above.

By posting Content on the OpenClinica Services, you warrant and represent that you either own or otherwise control all of the rights to that Content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the content is a protected fair use. If you do not have such rights, you agree to link to such material without posting any copies to the OpenClinica servers. You represent and warrant also that your Content is accurate, to the best of your knowledge, that your content does not violate these Terms, and that you will indemnify and hold OpenClinica LLC harmless for any and all claims resulting from Content you supply.

You acknowledge that OpenClinica LLC does not pre-screen or regularly review posted Content, but that it shall have the right to remove or modify any Content on the Services at its sole discretion.

Accessing
You understand that all Content posted to https://www.openclinica.com is the sole responsibility of the individual who originally posted the Content. You understand, also, that all opinions expressed by users of the Services are expressed strictly in their individual capacities, and not as representatives of OpenClinica LLC.

You agree that OpenClinica, LLC will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on the Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Use of Personal Information
OpenClinica, LLC expressly prohibits the gathering and use of personal information that may appear on the OpenClinica Services.

Children
Collecting personal information from children under the age of 13 is prohibited. No Content should be directed toward such children without the express written permission of OpenClinica, LLC.

SMS Terms of Service
If you are a participant in a clinical research study operated by an OpenClinica customer, you may receive text messages containing links to forms/surveys, reminders, and other details specific to the study you have agreed to participate in.

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Please be aware that continued participation in the clinical research study may require you to receive these messages (e.g. a signed informed consent). If you opt-out via the above manner, then wish to opt back in, you will need to contact your research coordinator in order to do so.

If you are experiencing issues with the messaging program you will need to contact your research coordinator. Contact information should be available in the informed consent you signed in order to participate in the study.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. The frequency of messages you receive will depend on the study that you have agreed to participate in. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy.

4. Disclaimer of Warranties and Limitation of Liability

The Services are provided on an “as is” and “as available” basis. The Services and OpenClinica, LLC make no representations or warranties of any kind, express or implied, as to their operation or the information, content or materials included in the Services. To the full extent permissible by applicable law, the administrators of the Services and OpenClinica, LLC hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Neither the OpenClinica Services nor OpenClinica, LLC will be liable for any damages of any kind arising from the use of or inability to use the Services. You expressly agree that you use the Services solely at your own risk.

The contents herein should not be construed in any way, shape, or form as legal advice. OpenClinica, LLC assumes no liability or responsibility for users’ actions and DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO USE OF THIS INFORMATION.

5. Privacy Policy

You acknowledge our Privacy Policy, which is incorporated herein by reference.

6. Modification of These Terms of Use

OpenClinica LLC reserves the right to change, at any time, at its sole discretion, the Terms under which the Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.