REAL WORLD RADAR
Terms of Service
These terms are a legal agreement between Medlior Health Outcomes Research Ltd. (“we” or “us”) and you. You should read all the terms before indicating acceptance. These terms apply to the Real World Radar online platform, and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements or new features, then those terms will apply. By using the service, you accept these terms. If you do not accept them, do not use the services. You are bound by these terms even if you do not read all the terms.
We do not own or control the underlying research data, nor do we provide access or licenses to such data. The research databases are owned by Data Owners who are independent from us, and are not agents or employees of ours. Some users may input their own listings about other research databases, as permitted by the Database Services. Any users who post User Content are independent from us, and are not agents or employees of ours.
We merely provide a platform to permit users to search our database of research data. You must decide whether to create an account, conduct searches through the Database Services, input Personal Data, or input User Content, and you accept all consequences of doing any of the foregoing. You must evaluate all information and search results that you receive through the Database Services. We do not independently pre-clear, validate or verify any database information, or any User Content. We make efforts to ensure that the information listed in our database is accurate. However, our listings are not an exhaustive catalogue of all research data in Canada. Some information may be unverifiable or out of date, and we cannot guarantee any information from Data Owners, any User Content or other listed information. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any use of the Database Services, or any research that users might conduct based on searches performed through the Database Services.
7. Term: Your account will be valid for the period set forth in the applicable payment page or the invoice issued by us, subject to any earlier termination rights under this agreement. Renewals of annual subscriptions will be subject to approval and compliance with any renewal requirements.
8. Termination Rights:
a. By Us: In the event you breach this agreement or any other agreement with us, we may suspend or terminate your account and your access to the Database Services. We may suspend or terminate your account in the event the account is inactive and abandoned by you. We may terminate the Database Services at any time upon 30 days’ notice to you.
b. By You: You may terminate your account and cease use of the Database Services at any time.
10. Terms for Corporate Users: As a Corporate User, the following terms apply to you:
a. Your use of the Database Services is subject to the limitations that may be set forth in the applicable payment page or the invoice issued by us;
b. You may not exceed the number of users which are permitted in the applicable payment page or the invoice issued by us. If you exceed the number of permitted users, you will be in breach of this agreement.
11.Terms for Not-for-Profit Users: As a Not-for-Profit User, the following terms apply to you:
a. Your use of the Database Services is limited to personal, academic or non-commercial use;
b. You may not use the Database Services for any commercial purposes.
12. User Content: As an authorized user, you may input User Content as part of your use of the Database Services, as may be permitted by the Database Services as part of the “List My Database” feature. We claim no rights in User Content. If you use the Database Services to post any User Content, you agree to the additional terms applicable to User Content:
a. We reserve the right to suspend or terminate the account, and delete the User Content, of any user whose conduct or content does not conform to this agreement or our standards, in our sole discretion.
b. You represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content, (c) that such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with our acceptable use standards. You are responsible for all User Content that you generate or input. We reserve the right to remove or correct User Content if we receive notice of corrections, or if any User Content contravenes our acceptable use standards.
c. If you choose to submit, post, upload or input User Content to be included in our catalogue of research database listings, you agree that we may publish such listings, and you grant to us a nonexclusive irrevocable perpetual right and license to compile, publish and grant access to such listings as part of the Database Services.
13. Acceptable Use: The Database Services may be used only for authorized purposes by users who have agreed to this agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
a. post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
b. threaten bodily harm, destruction of property or otherwise engage in harassment;
c. transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another’s privacy, or infringes another’s rights;
d. transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
e. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Database Services for any purpose;
f. use the output of the Database Services for any purpose other than as permitted under this agreement;
g. delete or revise any portion of our Database Services;
h. distribute, sell, lease, transfer, assign, trade, rent, publish or license the Database Services as a stand-alone service to others;
i. engage in linking or framing of any portion of our sites;
j. aggregate, scrape, harvest or duplicate any portion of our Database Services, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
k. corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
l. copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
14. Intellectual Property Rights: You agree that our research database listings, the Database Services and all object and source-code, trade-marks, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. “Real World Radar” is a trademark of Medlior Health Outcomes Research Ltd. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
16.Indemnity. You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or users of your account, (b) any breach by you of any representation or warranty, (c) any loss, damage, defect, injury, death or expense arising from your use of the Database Services, or (d) any other breach by you of this agreement or any other agreement with us.
17. General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Database Services. We expressly disclaim any and all liability in connection with our Database Services. Since some content has been provided by others and/or compiled by us from a variety of sources including Data Owners and other third-party providers, it is provided to you “as is” and “as available”. We do not warrant or make any representations of any kind regarding the use or the results of the use of our Database Services, in terms of their integrity, reliability, correctness, quality, validity, accuracy, availability or suitability for your research requirements, or otherwise. The content in the Database Services could include technical inaccuracies or typographical errors.
WE DO NOT EXERCISE ANY CONTROL OVER DATA OWNERS OR THIRD-PARTY RESEARCH DATABASES, OR THE INTEGRITY, QUALITY, VALIDITY, ACCURACY, OR AVAILABILITY OF THIRD-PARTY RESEARCH DATABASES, OR THE TRUTH OR ACCURACY OF ANY USER CONTENT WHICH IS AVAILABLE THROUGH THE DATABASE SERVICES. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING ANY USER CONTENT OR THIRD-PARTY RESEARCH DATABASES. YOU MUST TAKE STEPS TO VERIFY THE INTEGRITY, RELIABILITY, CORRECTNESS, QUALITY, VALIDITY, ACCURACY, SUITABILITY OR AVAILABILITY OF THIRD-PARTY RESEARCH DATABASES AND USER CONTENT.
WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE DATABASE SERVICES, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, THIRD-PARTY RESEARCH DATABASES, PERSONAL DATA, OUR DATABASE SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
18. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE DATABASE SERVICES, OR THE PERFORMANCE OF THIS SITE OR THE THIRD-PARTY RESEARCH DATABASES OR USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU OR THE CORPORATE ENTITY UNDER WHOM YOU ACCESS THE DATABASE SERVICES, OR THE AMOUNT OF TEN DOLLARS ($10), WHICHEVER IS GREATER.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
19. Jurisdiction & Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.
20. Downtime: The Database Services may experience temporary downtime as we perform routine maintenance or updates.
22. Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
23. Changes: Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect 15 days after posting on our site(s). Continued use of the Database Services after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Database Services, in whole or in part, at our sole discretion, at any time, without notice.
24. Survival: All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement’s expiry or termination for any reason. The following terms shall survive the termination of this agreement: 14, 16, 17, 18 and 19.
25. Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Database Services. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.
END OF TERMS