PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING THIS WEBSITE (the “Site”). All users of the Site are subject to the following terms and conditions and applicable laws. By using this site, you agree to abide by these terms and conditions and that these terms constitute a binding agreement between you and us. If you do not agree to these terms and conditions, you are not permitted to access and use this Site.
ICON Clinical Research Limited (“ICON”, “we,” “us,” “our”) has published this Site on behalf of [Sponsor Name] (the “Sponsor”) for the purpose of recruiting interested individuals to enroll in the Sponsor’s [Study Name] (the “Study”).
Terms of Use
Eligibility
The Site and the services found on this Site are available only to users who can form legally binding contracts. By using the Site, you represent and warrant that you are able to form legally binding contracts.
Purpose of the Site
The Site’s purpose is simply to provide information regarding the Study so that you can determine your interest in participating in the Study. You may decide whether or not to contact participating clinical trial sites further regarding your eligibility to participate in the Study.
Restricted Use of Site
You are not permitted to use the Site to:
- Establish any link to the Site from another location;
- Impersonate other individuals or otherwise represent yourself as an employee, agent, or representative of ICON or Sponsor;
- Harass, threaten, or use abusive language directed at ICON, Sponsor, or any individual in any manner or form;
- Publish any libelous, defamatory, obscene, abusive, illegal, or otherwise reasonably objectionable statements;
- Engage in any other illegal conduct;
- Disseminate advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation;
- Extract, gather, or use information or other Content available through the Site through any means not intentionally made available or provided for through the Site;
- Engage in any other conduct that limits other visitors’, ICON’s, or Sponsor’s use of the Site or otherwise exposes them to liability for your use.
You are not permitted to otherwise:
- Use any bots, spiders, trojans, worms, spyware, ransomware, bombs, viruses, denial-of-service attacks, or any other malicious code, device, or process; or
- Disable, overburden, damage, or impair the Site.
ICON reserves the right to block your use or remove your communications due to your misconduct and take any other legally available recourse against you.
Medical Disclaimer
The Site does not provide medical advice. Please consult with your doctor with any questions or concerns you may have regarding your individual needs or medical conditions or any related questions about your involvement in the Study.
Proprietary Rights and Restrictions
The content of the Site including without limitation all images, designs, layouts, marks, trade names, and information posted on the Site (collectively “Content”) are the property of ICON, Sponsor, or their licensors. Your use of the Site does not provide you with any rights, ownership, or license to use the Content outside of the Site.
You are not permitted to copy, reproduce, display, distribute, transmit, resell, broadcast, reverse-engineer, create derivative works, or otherwise exploit Content in any manner without the prior written permission of ICON. You are not permitted to modify, change, delete, or disguise any proprietary or distinguishing notices or markings from the Site or Content. ICON reserves all available legal remedies against you for infringement, misappropriation, or other unauthorized use or modification of Content.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ICON DOES NOT WARRANT THE SITE OR CONTENT’S ACCURACY, RELIABILITY, OR QUALITY. ICON DOES NOT WARRANT ANY COMPATIBILITY WITH ANY BROWSER, INTERNET SERVICE, OR DEVICE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR SERVICE, SYSTEM, OR DEVICE THAT RESULTS FROM YOUR DOWNLOAD OR USE OF THE SITE AND CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICON TOGETHER WITH ITS AFFILIATES AND LICENSORS, AND SPONSOR ARE NOT LIABLE TO YOU IN ANY WAY (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED) FOR YOUR USE OR INABILITY TO USE THE SITE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT.
Indemnification
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ICON TOGETHER WITH ITS AFFILIATES AND LICENSORS, AND SPONSOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, WHICH RESULT FROM (1) YOUR BREACH OF THE TERMS OF USE OR (2) YOUR USE OF THE SITE.
Arbitration and Class-Action Waiver
To the maximum extent permitted by law, you agree to binding arbitration for the resolution of any claims or disputes related to your use of the Site and waive your right to a trial. To the maximum extent permitted by law, you waive your right to join any class or representative action related to your use of the Site against ICON, together with its affiliates and licensors, and Sponsor. You or ICON may exercise the right to arbitrate by providing the other party with written notice of any and all claims in sufficient detail to describe the substance of such claims. Any statute of limitations which would otherwise apply in a court or other proceedings will apply to any claims submitted for arbitration. Unless otherwise agreed between you and ICON, the arbitration will be conducted in a county where either party resides and be conducted by a neutral arbitrator in accordance with American Arbitration Association rules and U.S. Federal Rules of Evidence and Procedure.
Governing Law and Venue
Any dispute regarding the Site or these Terms of Use will be handled according to the laws of the Ireland without giving effect to any choice or conflict of law. Any suit, action, or proceeding related to the Site or these Terms of Use may be brought in Ireland. To the maximum extent permitted under applicable law, you waive any and all objections to the Governing Law and Venue stated here.
Changes and Duration of Agreement
ICON may make changes to the Site or Content or otherwise temporarily or permanently discontinue operating the Site without notice to you at any time and for any reason. These terms and conditions are applicable to you upon your accessing the Site. Each time you access the Site, you consent and agree the Terms of Use posted at that time. To the maximum extent permitted under applicable law, the Terms of Use will continue to apply to you even after you cease using the Site or the Site is shut down.
Severability
To the extent any Terms of Use are held unenforceable or invalid under applicable law, that portion will be deemed removed from the Terms of Use and will not affect the enforceability or validity of the remaining provisions.
Contact Information
All notices to you relating to the Site will be posted on the Site or sent to you at the email address you provided. You may contact us any time regarding the Terms of Use by writing to:
ICON Clinical Research Limited, South County Business Park, Leopardstown, Dublin 18, Ireland. Attention: Vice President, Legal.
Last Updated: 12 July, 2023