Clinical Development Group Terms of Use Agreement

Welcome to the Clinical Development Group, LLC website (the “Website”). The Website is the property of Clinical Development Group, LLC (“Clinical Development Group,” “we,” “us” or “our”). Please carefully read the following Clinical Development Group Terms of Use Agreement (the “Terms”) before accessing the Website. By accessing the Website, you agree to be bound by the Terms. Each time you use the Website, the current version of the Terms will apply. Accordingly, when you access the Website, you should check the date of the Terms (which appears at the bottom) and review any changes. If you do not agree with the Terms, please do not access the Website.

Intellectual Property

We respect the intellectual property rights of others and we ask that you do the same. Except for any third party content used as part of the Website, the data and materials on the Website, including without limitation text, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Website (collectively, the “Content”) are the intellectual property of Clinical Development Group, our licensors and our suppliers. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our suppliers, as the case may be. We reserve all rights not expressly granted in and to the Website and the Content.

Permitted Use of the Website

You may only use the Content retrieved from the Website for your own personal, non-commercial, educational, private or domestic purposes. You agree to not engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein, for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices. You may not use the Website or the Content for financial gain. Any derivative use of the Website or the Content, or any use of data mining, robots or similar data gathering and extraction tools is prohibited.

User Communications

Clinical Development Group welcomes inquiries and comments from visitors to the Website using the Contact CDG form available on the Website or via electronic mail (“User Communications”). However, any User Communications, including without limitation, questions, comments, data, ideas or know-how will be deemed to be non-confidential and non-proprietary. Clinical Development Group shall have no obligations whatsoever to you or any third party with respect to the User Communications. Clinical Development Group shall have a non-exclusive license in the User Communications and will be free to copy, disclose, distribute, retransmit, incorporate and otherwise use the User Communications and all information, data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes, without limitation and without any obligation, monetary or otherwise, owed to you or any third party.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein that you may transmit to Clinical Development Group in connection with any job postings listed on the Website or otherwise available at Clinical Development Group. Clinical Development Group is an equal opportunity employer.

User Communications may not contain any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, or that impersonates another person or entity, whether actual or fictitious.

Links to Other Websites

This Website may contain links to websites other than our own. Clinical Development Group does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Clinical Development Group does not control the content of those sites and takes no responsibility for their content, nor should it be implied that Clinical Development Group endorses or otherwise recommends such sites or the products or services offered.

Privacy Policy

We are committed to protecting the privacy of users of the Website. For information on how information is collected, used or disclosed by us in connection with your use of the Website, please consult our Privacy Policy, which is available at http://www.clinicalgroup.com/terms-of-use.

Disclaimer of Warranties

THE SERVICES AND CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL INFORMATION, TEXT, AND GRAPHICS LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.

CLINICAL DEVELOPMENT GROUP AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE (THE “RELEASED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF CONTENT ON THE WEBSITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS WEBSITE, YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

CLINICAL DEVELOPMENT GROUP RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE WEBSITE OR THE CONTENT ON THE WEBSITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Clinical Development Group, our officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding (including attorneys’ fees) in connection with: (i) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the Website; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Clinical Development Group reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Clinical Development Group in the defense of any such claim, action, settlement or compromise negotiations, as requested by Clinical Development Group.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Applicable Laws

Clinical Development Group makes no representation that materials on the Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

The Terms and the Privacy Policy shall be governed and construed in accordance with the laws of the State of Connecticut, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms or your access or use of this Website will be subject to the exclusive jurisdiction of the court located within the County of New Haven in the State of Connecticut, and you hereby submit to the personal jurisdiction of such courts.

Changes to the Terms

We reserve the right to update or modify the Terms, at any time and without prior notice, by posting the revised version of the Terms on the Website.

Miscellaneous

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Clinical Development Group and govern your use of the Website, superseding any prior agreement between you and Clinical Development Group.

Waiver and Severability. The failure of Clinical Development Group to exercise or enforce any right or provision of the Terms or the Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and the Privacy Policy remain in full force and effect.

Survival. These Terms shall survive the revocation of your rights to use the Website, as well as the termination of the operation of the Website.

Contact Us

If you have questions regarding these Terms, please contact us at: info@clinicalgroup.com.

 

Updated April 16, 2012