Agreement to use Subscribe to Services at clinicresearch.com

I. Introduction:

This agreement is entered into by Lab Coat Innovations, LLC (LabCoat) and the customer (CUSTOMER) signing up as an administrator to the website www.clinicresearch.com (CRT). This contract is entered when the user clicks the confirmation button to sign in as an administrator and is terminated 30 days following receipt of explicit written instructions to terminate the agreement.

II. Services Provided:

LabCoat will provide CUSTOMER with unlimited access to the investigator features of CRT. This includes but is not limited to developing online surveys, administrating those surveys and downloading data. It is understood that features are regularly added to CRT without notice to CUSTOMER and CUSTOMER is bound to this agreement as new features are introduced.

CUSTOMER agrees to be charged for the service plan they select within 15 days of being invoiced. Pricing plan is determined upon confirmation of CUSTOMER's identity after signup. If CUSTOMER would like to change the options of their service plan, they must do so in writing. Changes in service generally take 30 days to process and CUSTOMER agrees to current charges until LabCoat is able to process their request.

Information collected by CRT remains property of CRT but is licensed to CUSTOMER as long as their account is in good standing. LabCoat assumes liability for security and confidentiality of CUSTOMER data as is reasonably expected. CUSTOMER assumes all liability for their respondent's data as confidential and agrees to be bound by the laws and regulations which govern patient confidentiality and privacy.

Changes to this agreement must be mutually agreed upon in writing and signed by an authorized representative of LabCoat and CUSTOMER.

IV. Disclaimer of Warranties

LabCoat disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material while using CRT. LabCoat disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. LabCoat disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through CRT .

CRT, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN CRT ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LabCoat AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LabCoat AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF CRT. LabCoat AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH CRT. LabCoat AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CRT OR RECEIVED THROUGH ANY LINKS PROVIDED BY CRT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN CRT.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF CRT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.\ Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LabCoat OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON CRT. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LabCoat OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON CRT, FROM INABILITY TO USE CRT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF CRT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CRT OR RECEIVED THROUGH ANY LINKS PROVIDED IN CRT, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON CRT OR RECEIVED THROUGH ANY LINKS PROVIDED IN CRT. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF CRT OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, CRT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall LabCoat or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by LabCoat.

End User License Agreement