1. User Eligibility
Age: The Site is available only to, and may only be used by, individuals who are 13 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 13 years old and that any registration information you submit is accurate and truthful. Leapcure may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.
Password: If you create an account, you must keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Leapcure of any unauthorized use of your account or password or any breach of security. You also agree that Leapcure cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Transfer: Your limited license to use the Site is personal to you. You may not allow access, transfer or sell your Leapcure account or User ID to another party.
Right to Refuse Service: Our services are not available to temporarily or indefinitely suspended Users. Leapcure reserves the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Leapcure reserves the right to refuse, suspend or terminate service to anyone, for any reason, at any time.
2. Medical Advice Disclaimer
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ARE ENCOURAGED TO SEEK PROFESSIONAL MEDICAL DIAGNOSIS AND TREATMENT FOR ANY MEDICAL CONDITION, AND TO DISCUSS INFORMATION FROM THE SITE WITH YOUR HEALTHCARE PROVIDER. INFORMATION PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS IN NO WAY INTENDED TO SUBSTITUTE CONSULTING A MEDICAL PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. RESULTS GENERATED FROM OUR DATABASE ARE NOT, AND SHOULD NOT BE CONSIDERED AS, MEDICAL ADVICE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR ON THE SITE OR ON LINKS REACHED THROUGH THE SITE. If you rely on any of the information provided by the Site, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the Site with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for canceled clinical trials or your inability to participate in clinical trials or any injury resulting there-from. Studies presented on the Site may not be approved by the participating medical center’s institutional review board, may be canceled, or may not be enrolling patients.
No Guarantee: Leapcure does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part thereof, with or without notice. The Site will also undergo periodic scheduled and unscheduled maintenance. The Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after a charge has been processed or accepted.
3. Prohibited Items and Questionable Activities
You are solely responsible for your conduct and activities on and regarding the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site. We do not endorse Content submitted to the Site, or any opinion, recommendation or advice expressed by Users. Your Content shall not contain material that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights. We expressly disclaim any and all liability in connection with Content submitted by Users. Restricted Activities: Your Content and your use of the Site shall not:
- Be false, inaccurate or misleading;
- Be fraudulent;
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- Be defamatory, trade libelous, unlawfully threaten, unlawfully harass, impersonate or intimidate any person (including Leapcure staff or other Users), or falsely state or otherwise misrepresent your identity or affiliation with any person;
- Be obscene or contain pornography;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Leapcure; or
- Appear to create liability for Leapcure or cause Leapcure to lose (in whole or in part) the services of our ISPs or other suppliers.
4. Idea Submissions
Leapcure considers any suggestions, ideas, proposals or other material submitted to it by Users via the Site or otherwise (collectively, the "Idea Submissions") to be non-confidential and non-proprietary, and Leapcure shall not be liable for the disclosure or use of such Idea Submissions. If, at our request, any User sends an Idea Submission to market or improve the Site (for example through forums, comments or to customer support), Leapcure will also consider that Idea Submission to be non-confidential and non-proprietary and Leapcure will not be liable for use or disclosure of any Idea Submissions. You hereby grant to Leapcure a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and non-transferable right to reproduce, use, display, perform, distribute, create derivative works from the Idea Submission and otherwise exploit it for any purpose whatsoever, commercial or otherwise, without compensation or accounting to you and without further recourse by you.
5. Information Control
Accuracy of Information: Please use caution and common sense when using the Site. Leapcure makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information on the Site. By using the Site, you agree to accept the risks of using the Site and further agree that neither Leapcure nor our Representatives are responsible for all or any acts or omissions of Users on the Site.
Confidentiality: The parties undertake to treat all information disclosed to the respective party in connection with the use of our Services as strictly confidential and to pass it on exclusively in accordance with applicable law.
Other Resources: Leapcure is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Leapcure does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Leapcure 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 or reliance on any such content, goods or services available on or through any such websites or resources. Access to third party websites from the Site is done at your own risk.
6. Our Intellectual Property
Leapcure owns all rights, title and interest, including all related intellectual property rights, without limitation, on any unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world
This Agreement is not a sale and does not convey to the user any rights of ownership in or related to the Services, the Leapcure technology or the Intellectual Property Rights owned by Leapcure. Except as provided above, nothing in this Agreement shall be construed as conferring any license to any intellectual property rights in the Leapcure services. Upon termination or expiration of this Agreement, this license(s) shall be revoked and have no further force or effect. At the time the license is revoked, eligible users shall delete or otherwise dispose of any materials which fall under the terms of the confidentiality.
7. Trademarks and Copyrights
"Leapcure" and other Leapcure graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of Leapcure, Inc. in the U.S. The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all graphical elements) are protected by U.S. copyright and trademark law. You may not use our trademarks and trade dress for any purpose whatsoever, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Leapcure.
8. Access and Interference
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our electronic infrastructure;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Attempt to probe, scan or test the vulnerability of any Leapcure systems or networks or to breach security or authentication measures without proper authorization; or
- Reverse engineer, decompile or disassemble any of the software used to provide the Site.
Additional and specific requirements relate to the collection of personal data for data subjects located in the European Economic Area (EEA) and California, USA. As an eligible user of Leapcure services, if the established business use includes the processing of personal data for data subjects in California and the EEA, you agree to the following:
- Ensuring that consent has been obtained from the data subject prior to processing any personal information. For purposes of clarification, a data subject is any individual who has data entered into Leapcure services, whether or not they are an eligible user.
- Ensuring that you do not process personal data with special categories into Leapcure services. This includes data entries into availablefields, file uploads and custom fields. This also includes communications and attachments that the user provides to Leapcure’s third party partners (e.g., help ticket system) who support use of Leapcure services.
- Ensuring that your use of Leapcure services is in accordance with the established business purpose of the user. This includes policies on the use of Leapcure services as they relate to your account settings (e.g. appropriate user role, permissions and data views), appropriate limits on collection and processing of personal information (e.g. document uploads and visit report details), and other business practices that serve to minimize privacy risks for clinical study data being managed.
- If you are exporting or downloading content from Leapcure that contains personal data (e.g. contact report), you take the necessary precautions to limit privacy risks.
11. Warranties & Representations
USER AGREES THAT LEAPCURE MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, AGENCY MANAGEMENT, AND THE SERVICES IT PROVIDES. USER AGREES THAT AGENCY MANAGEMENT DATA STORED ON THE SITE MAY NOT BE AVAILABLE TO USER OR TO THIRD PARTIES AT ALL TIMES DUE TO SYSTEM FAILURES, BACKUP PROCEDURES, MAINTENANCE AND/OR OTHER CAUSES THAT MAY BE BEYOND THE CONTROL OF LEAPCURE. NEITHER THE SITE NOR THE SERVICES ARE FOOLPROOF AND MAY EXPERIENCE SIGNAL TRANSMISSION FAILURES OR DELAYS FOR ANY NUMBER OF FACTORS OUTSIDE THE CONTROL OF LEAPCURE. LEAPCURE PROVIDES THE SITE AND SERVICES, DATA, INFORMATION, AND TOOLS VIA THE SITE "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LEAPCURE AND LEAPCURE’S REPRESENTATIVES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LEAPCURE SHALL CREATE ANY WARRANTY. USE OF THE SITE IS AT YOUR SOLE RISK. Each party represents and warrants that it has the legal power and authority to enter into the Agreement and these Terms. Leapcure represents and warrants that it has all necessary rights to provide the Services and the provision of Services will not infringe the intellectual property rights of any third party. User represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Service, that it processes and otherwise utilizes the Services to process personal information in accordance with applicable data protection laws and regulations.
12. Liability Limit; Covenant Not to Sue
User shall indemnify, defend and hold Leapcure and its Representatives (licensors, parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents) harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including attorney's fees) imposed on, or incurred or sustained by or asserted against Leapcure by any person or persons whatsoever, based upon or arising from such User's violation or infringement of any copyright, trade name, trademark or patent (or any application of the foregoing). No limitation of liability of User contained in any other writing shall be binding on or effective against Leapcure.
16. Governing Law
U.S. Export Controls: Leapcure makes no representation that the materials in the products and services are appropriate or available for use in other locations and other countries. Those who choose to access or use the products and services from other locations or other countries do so on their own initiative and are responsible for compliance with all policies of the Client, and applicable laws and regulations in that territory. These laws include restrictions on destinations, end users and end use.
No Software may be downloaded from the website or otherwise exported or re-exported (i) into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Service, the website and/or any Software, Client represents and warrants that Client is not located in, under the control of, or a national or resident of any such country or on any such list.
17. Updates to Leapcure Service
19. Controlling Terms