Suvoda LLC ("Suvoda" "we" "us" or "our") provides web-integrated interactive clinical trial software. 

These terms of use (the "Terms") govern your access to and use of the www.suvoda.com website, any services provided by it, including email notifications (the "Services") and any software, informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted on or through the Services as well as all derivative works thereof (collectively referred to as “Content”). The Terms do not govern the access or use of the Suvoda IRT system. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

These Terms of Use are effective as of January 12, 2016.

  1. PRIVACY

Any information that you or other users of the Services provide to us is subject to our Privacy Policy (http://www.suvoda.com/privacy-policy), which governs our collection and use of your information in the course of providing the Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by us. From time to time we may need to provide you with certain communications, such as service announcements and administrative messages. You may not be able to opt-out from receiving such announcements.

  1. AMENDMENTS

We may amend these Terms from time to time. The most current version will always be at http://www.suvoda.com/privacy-policy. If we believe the amendment is material, we will provide notice on the suvoda.com website. By continuing to access or use the Services after the amendments become effective, you agree to be bound by the amended Terms.

  1. USE OF SERVICES

Unless otherwise specified, the Services are for your personal use. You may not do any of the following while accessing or using the Services:

  • Modify, store, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, post, translate or scrape any Content without our prior written permission
  • Rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Content, create derivative works of or in any manner commercially exploit the Content, in whole or in part, other than as expressly permitted in these Terms or subject to our prior written permission
  • Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content or otherwise distribute in any way the Content other than as specifically permitted in these Terms or subject to our prior written permission
  • Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
  • Impersonate any person or entity, including, anyone associated with Suvoda or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, create a false identity or otherwise manipulate identifiers in order to send altered, or deceptive Content to or via the Services
  • Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services

You may display and, unless it is specifically prohibited otherwise, electronically copy, download and print hard copy portions of the Content from the different areas of the Services solely for your own noncommercial use.

  1. OUR RIGHTS

We or our licensors hold all right, title and interest in and to the Services. The Services, including their selection and arrangement, and the Content provided on them, are protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not use them other than as permitted in these Terms or per our prior written permission. Nothing in these Terms grants you a right to use the Suvoda name, or any of our, or our licensors' trademarks, logos domain names or brand features, whether or not they are registered, without our prior written consent.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted on or provided to the Services. 

  1. USER SUBMISSIONS

We will treat any personally identifiable information you provide to us via the email contact provided on the Services in accordance with our Privacy Policy (http://www.suvoda.com/privacy-policy).

All Content you submit, whether posted publicly on our Services or transmitted privately, is your sole responsibility. We do not endorse any such Content and cannot take responsibility for such Content. We may, but have no obligation to, monitor or control the Content you post.

We may establish general practices and limits concerning use of the Services, including the maximum number of days that email messages, comments, postings or other uploaded Content is retained by the Services. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by our website servers.

We may remove any Content you post at our sole discretion.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us, or warrant that the owner of such Content has expressly granted us, a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) and use such Content as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion without any consideration to you. This includes making this Content available to other companies, organizations or individuals and their subsequent use of this Content.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You are responsible for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. If you do not have the right to submit Content for such use, it may subject you to liability.

  1. COPYRIGHT POLICY

We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied on the Services in a way that constitutes copyright infringement, please provide us in writing with the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  • 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
  • Your contact information, including your address, telephone number, and an email address
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

 

Designated Agent for Notification of Claimed Copyright Infringement

Suvoda LLC

Attn: Copyright Agent

181 Washington Street, Suite 200

Conshohocken, PA 19432

copyright@suvoda.com

 

  1. THIRD-PARTY LINKS

Our Services may contain links to third-party websites or resources. These are only for your convenience and therefore you access them at your own risk.  We do not have any control over the availability or accuracy of these websites or resources nor do we endorse them or the content, products, or services available from them. Your use of these third party websites or resources may be subject to their terms of use and privacy policies. Please review these documents before using those websites or resources or disclosing personally identifiable information.  

  1. SERVICES ARE PROVIDED "AS IS"

You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no warranties or representations that: (i) the Content of the Services is accurate or complete; (ii) the functions contained in the Services will be uninterrupted or error free (iii) that any messages (such as emails, postings or comments or any other Content provided by users of the Services) will be delivered through the Services; or that (iv) your access or use of the Services will not result in any harm to your computer system, loss of data, or other harm. 

Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

  1. LIMITATION OF LIABILITY

The provisions of this Section apply up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the limitation of liability in contracts, and as a result the contents of this Section may not apply to you. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.

IN NO EVENT SHALL SUVODA, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL, DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER OR NOT EVEN IF SUVODA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Suvoda, its officers, directors, employees, agents, partners, representatives, and licensors (the "Indemnified Parties" and each and "Indemnified Party")) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms (including negligent or wrongful conduct), by you, (ii) your use of the Services, or (iii) Content provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

  1. APPLICABLE LAWS

Your use of these Services shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, USA, without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Services shall be exclusively in the state or federal courts located in the Commonwealth of Pennsylvania.  Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises.  Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.  We may assign our rights and duties under this Agreement to any party at any time without notice to you.

  1. NO CLASS ACTIONS

You may only resolve disputes with Suvoda on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

  1. ENDING THESE TERMS

These Terms will continue to apply until terminated by either you or us as follows: You may end your legal agreement with us at any time for any or no reason by sending us an email to privacy@suvoda.com requesting that we delete your information and discontinuing your use of the Services.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 1, 3, 4, 5, 8, 9, 10, 11, 12, 13, and 14. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice.

  1. GENERAL

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. These Terms, and our Privacy Policy, constitute the entire agreement between you and us with respect to the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services.  We may provide notice to you under these Terms in our discretion, by posting announcements to the Services.

  1. NOTICES

Please send all notices by mail to: 

Suvoda LLC

181 Washington Street, Suite 200

Conshohocken, PA 19428

+1 610-572-2920

Email: privacy@suvoda.com

 

Last updated: 12-Jan-2016