LAST UPDATED: November, 20, 2019
For purposes of this Agreement "you" shall mean you as an individual, and if you use the Knowledge Base on behalf of a business or government entity or entities, then “you” shall also mean all such entities on whose behalf you use the Knowledge Base.
1. Use of the Knowledge Base
i. Lawful Use Only
a. access the Knowledge Base in a manner or through an interface not provided or authorized by us, including, but not limited to, any automated means (e.g., scripts or bots);
b. reproduce, duplicate, copy, sell, trade, resell, or exploit the Knowledge Base;
c. republish or syndicate the Material or other information available on the Knowledge Base; or
d. modify, adapt, alter, change, disassemble, or frame any of the contents of the Knowledge Base.
ii. Operation of Knowledge Base from United States
The CDISC Knowledge Base website is operated and provided within the United States of America. To the extent the CDISC Knowledge Base website is accessed outside of the United States, you do so at your own risk. You are responsible for compliance with the laws, ordinances, and regulations of your jurisdiction.
iii. Web Browser Cookies
2. Intellectual Property
i. Ownership and Control
The content, organization, code, software, graphics, text, images, video, design, compilation, advertising, and all other material on or available through the CDISC Knowledge Base website (collectively the “Material”), including, without limitation, the "look and feel" of this CDISC Knowledge Base website, are protected under applicable copyright, trademark, and other proprietary and intellectual property laws and are the property of CDISC or its licensors.
ii. Use of Material
You may download Material from the Knowledge Base for your personal, noncommercial use only, or if you are an entity, then for your own internal business purposes only, but only to the extent that we have enabled the Knowledge Base to download such Material and provided you keep intact all copyright and other proprietary notices. You may not directly or indirectly use, modify, rearrange, copy, produce, reproduce, publish, republish, upload, download, post, transmit, disclose, distribute, or redistribute, in any way, any Material or any part of the CDISC Knowledge Base website, including the removal or alteration of any advertising, except to the extent you are expressly permitted to do so hereunder. Further, CDISC’s name, logos, and trade dress are trademarks or service marks of CDISC, and you may not use or reproduce these marks without our express, written consent. Any rights to the Materials or Knowledge Base that have not been specifically granted to you herein, including any intellectual property rights thereto, are expressly reserved by CDISC. Failure to abide by these conditions will result in the immediate termination of the permissions set forth herein and may result in legal action for the infringement of the copyrights and/or trademarks owned by CDISC or its licensors.
You agree not to attempt to or actually disrupt, overwhelm, attack, modify, or interfere with the Knowledge Base or its associated website, software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the Knowledge Base. You further agree not to attempt to or actually alter or tamper with any Material or other information on or associated with the Knowledge Base.
iv. Links to and from Other Sites
v. Equitable Remedies
If you provide us with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), you agree that:
a. you are not obligated to provide us any Feedback;
b. if you provide us any Feedback whatsoever, you do so voluntarily and subject to the terms of this Section 3;
c. any and all right, title, and interest to such Feedback shall become the exclusive property of CDISC;
e. we owe you no obligation, credit, or compensation whatsoever in relation to you providing us the Feedback or our use of the Feedback for any purpose whatsoever; and
f. we may already have contemplated or be contemplating the same or similar ideas as your Feedback.
If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property rights contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to us.
4. Copyright Complaints
We respect the intellectual property rights of others. If you believe that any content or material on the Knowledge Base infringes upon your copyright, you may send a written notification of such alleged infringement to us at:
Attn: Legal Department
401 West 15th Street, Suite 520
Austin, TX 78701
In keeping with the requirements of the Digital Millennium Copyright Act, the notification of alleged infringement must include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
e. A statement that the signing party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner; and
f. A statement that the information is accurate and, under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, we will process and review the claim of alleged infringement, which process may result in removing the reported content from the Knowledge Base.
6. Liability Disclaimer and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE KNOWLEDGE BASE, INCLUDING THE MATERIALS, AT YOUR OWN RISK. THE KNOWLEDGE BASE, INCLUDING THE MATERIALS, IS PROVIDED "AS IS", AND THE CDISC PARTIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE KNOWLEDGE BASE. THE CDISC PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE KNOWLEDGE BASE, INCLUDING THE MATERIALS, WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS, OR THAT NO VIRUSES WILL BE TRANSMITTED ON OR THROUGH THE KNOWLEDGE BASE. IF YOU ARE DISSATISFIED WITH THE KNOWLEDGE BASE, INCLUDING THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE KNOWLEDGE BASE.
WITHOUT LIMITATION, THE CDISC PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE KNOWLEDGE BASE, INCLUDING THE MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL MATERIALS, AND THE CDISC PARTIES ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY ERRONEOUS, INCOMPLETE, OR OUTDATED MATERIALS. WITHOUT LIMITING THE FOREGOING, THE CDISC PARTIES SPECIFICALLY DISCLAIM ANY OBLIGATION TO UPDATE OR CORRECT ANY MATERIALS, WHETHER THOSE MATERIALS HAVE BEEN PROVIDED BY THE CDISC PARTIES OR A THIRD PARTY.
CDISC'S REFERENCE TO OR DISPLAY THROUGH THE KNOWLEDGE BASE OF INFORMATION, PRODUCTS, OR SERVICES OF THIRD PARTIES DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY CDISC OF SUCH THIRD PARTIES OR SUCH THIRD PARTY’S PRODUCTS AND/OR SERVICES. YOU AGREE THAT THE CDISC PARTIES ARE IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THIRD-PARTY INFORMATION, PRODUCTS, OR SERVICES. YOUR INTERACTION WITH SUCH THIRD PARTIES IS AT YOUR OWN RISK. THE CDISC PARTIES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE CDISC PARTIES HAVE NO LIABILITY IN THE EVENT OF ANY FORCE MAJEURE OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE CDISC PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE KNOWLEDGE BASE OR ANY OTHER PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CDISC PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE THE CDISC PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE KNOWLEDGE BASE OR MATERIALS.
8. Knowledge Base Modification; Termination or Suspension of Access to the Knowledge Base
We have the right to modify the Knowledge Base at any time without notice, including altering, adding, or removing Materials, features, or functionality. We also have the right to terminate and/or suspend your ability to access the Knowledge Base, or any portion thereof, for any or no reason without notice.
9. Dispute Resolution
ii. Exclusive Jurisdiction
You and CDISC agree that any Claim either of us may have against the other must be exclusively resolved by a state or federal court located in Travis County, Texas, except as otherwise agreed by the parties in writing. You and CDISC hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the state and federal courts located within Travis County, Texas for the purpose of litigating all such Claims and agree not to assert any defense or make any other assertion that you or we are not subject to the personal jurisdiction of such courts, that such courts are inconvenient forums, or that venue in such courts is improper.
iii. No Class Actions or Class Arbitrations
iv. Limitation Period
10. General Provisions
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