VISION Engage Terms and Conditions of Use
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and Velocity Clinical Research, Inc. (hereinafter referred to as "Application Owner"), the owner and developer of Vision Engage. By registering for Vision Engage you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR VISION ENGAGE. The Terms are subject to change at any time, effective upon notice to you.
BY CLICKING THE "I AGREE" BUTTON, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://velocityclinicaltrials.com/vision-engage-app/terms VISION ENGAGE RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
- Limitations of Liability and Indemnification. By using any services provided by Vision Engage, you agree that in no event will Vision Engage, Application Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the Application and using any of the services available. Your sole remedy for any breach or default of this Agreement by Vision Engage or Application Owner shall be a return of any fees paid to Vision Engage or Application Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Vision Engage, Application Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Vision Engage, including any breach by you of the Terms contained in this Agreement.
- Application Use. Application Owner grants you a limited, revocable, nonexclusive license to use this application solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the application, reverse engineer or break into the application, or use materials, products or services in violation of any law. The use of this application is at the discretion of Velocity Clinical Research, Inc., and Velocity Clinical Research, Inc., may terminate your use of this application at any time. Client’s personal information may be used to verify prospective eligibility for specific clinical trials, communicate with Client about study-related aspects, and provide Client with updates on trial progress. Application notifications are meant to enrich Client’s user At any time, Client may opt in or opt out to receive the notifications.
- Do Not Rely on Vision Engage. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Vision Engage or Application Owner. Vision Engage and Application Owner do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information. Specifically, decisions as to the randomization of participants into studies shall be made by providers at clinical research site locations based on exclusionary and inclusionary criteria of study protocols, and pre-screening services provided by Application shall not be dispositive of that final determination.
- Ownership, Copyrights, Trademarks, Licenses. Vision Engage and Application Owner own and retain all proprietary rights to the Vision Engage service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Vision Engage and Application Owner. By posting information to Vision Engage and Application Owner you represent that you have the right to grant permission for use by Vision Engage and Application Owner.
- Security of Sign-In Information: Client will have the option to use Client’s credentials for signing in via social accounts to access the Application. This data is collected to establish User’s identity, ensuring that only authorized Users gain secure access to Application. These credentials are neither stored nor utilized for any other purpose.
- No Warranties. THE USE OF VISION ENGAGE AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE APPLICATION SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VISION ENGAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VISION ENGAGE MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.
- Arbitration; Waiver of Class Action and Consolidation of Claims. Subject to any exceptions set forth herein, the parties hereby agree that any dispute, controversy, or claim arising out of or relating to this Agreement (including without limitation the suspension, termination, material breach, and/or validity hereof) (a “Dispute”) shall be submitted to mandatory final and binding arbitration (“Arbitration”) before the American Arbitration Association in accordance with its arbitration rules, before a tribunal of one (1) arbitrator (the “Tribunal”). Notwithstanding the foregoing, each party waives the right to arbitrate any Dispute as a class action, either as a member or a representative. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff are both expressly prohibited. The parties hereby agree to arbitrate any Dispute solely on an individual basis. The arbitrator(s) shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis. Each party shall bear one half (1/2) the cost of the arbitration proceeding. The arbitrator will apply the substantive law (and the law of remedies, if applicable) of the State of North Carolina without reference to its internal conflicts of laws principles, and will be without power to apply any different substantive law. The arbitrator will render an award and a written opinion in support thereof. Such award shall include the costs related to the arbitration and reasonable attorneys' fees and expenses to the prevailing party.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- Certification. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PRVIDED BY THIS APPLICATION. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS APPLICATION FOR ANY PURPOSE.
- Relationship of the Parties. Nothing contained in this Agreement, or your use of the Application shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Entire Agreement. This Agreement constitutes your entire Agreement with Vision Engage and Application Owner with respect to any services.
- Waiver. The failure of the Application or Application Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Application or Application Owner must be in writing and signed by an authorized representative of the Application Owner.
- Termination. Modification and Termination of the Application. Vision Engage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the application or any service provided by the application (or any part thereof) with or without notice. You agree that Vision Engage will not be liable to you or any third party for any modification, suspension or discontinuance of the application or any service.
You understand and agree that acceptance of the Terms of Conditions of Use in the Application is the electronic equivalent of a written signature on this document.