PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE OR COMMUNICATING WITH US, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
These Terms of Use (“Terms“) apply to your access to, and use the website controlled by CTTV Media LLC (d/b/a and hereinafter referred to as “CTTV“), also called clinicaltrials.tv, clinicaltrials tv™ or other online products or services of CTTV (collectively, the “Services“). These Terms do not alter in any way the terms or conditions of any other signed written agreement you may have with CTTV. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to CTTV if you violate these Terms.
CTTV reserves the right to change or modify these Terms, or any policy or guideline of the Services, at any time and in our sole discretion. If we make changes or modifications to these Terms, we will provide you with notice of such changes at our sole discretion, by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
If you have any questions regarding the Services, please contact CTTV by using our contact form
Privacy Policy
Please refer to our Privacy Policy for information about how CTTV collects, uses and discloses information from our users.
Eligibility
You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
Copyright and Limited License
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the CTTV logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “CTTV Materials“) are the proprietary property of CTTV or our licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, revocable (by CTTV, at any time and for any reason), non-exclusive and non-sublicensable license to access and use the Services and CTTV Materials while using the site.
Third Party Content & Embedded Content
CTTV may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including videos and written or other descriptions along with the video content and third party advertisements, services or promotions. CTTV does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that CTTV is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
No Medical Information
You acknowledge and agree that CTTV does not provide medical advice or health advice and that the information herein is strictly for entertainment purposes. You agree that the videos and written descriptions under the videos are embedded content and that if you use a Service to locate information about a medical or health condition, you do so under the guidance of a doctor or licensed healthcare practitioner and at your own risk, and not based on the descriptions, videos or any other information provided by CTTV.
Submissions
You may respond to our form questions submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about CTTV, the Services or third party products and services (collectively, “Submissions“). Submissions, whether posted to the Services, CTTV social media sites or provided to CTTV by email, electronic means, orally or otherwise, are non-confidential and shall become the sole property of CTTV. CTTV shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree not to upload or transmit to us any content that is illegal or that is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, fraudulent, that would violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation the FTC rules regarding endorsements or that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
Additional Disclaimer
THE SITE, SERVICES, CTTV MATERIALS AND THIRD PARTY MATERIALS (INCLUDING THOSE LINKED IN CTTV OR EMBEDDED IN CTTV) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CTTV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. CTTV DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CTTV MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CTTV CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
WITHOUT LIMITING THE FOREGOING, CTTV DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS. NOTHING HEREIN CONSTITUTES MEDICAL OR HEALTH ADVICE
Limitation of Liability
IN NO EVENT SHALL CTTV, OR OUR DIRECTORS, OWNERS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “SITE CONTACTS” BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CTTV MATERIALS OR THIRD PARTY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CTTV’ RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY SITE CONTACT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR DISCLOSURE OF INFORMATION BY OR ON BEHALF OF YOU TO CTTV OR OTHERWISE RELATED TO THIS SITE OR THESE TERMS OR THE PRIVACY POLICY EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CTTV FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND IN SUCH CASES THESE TERMS SHALL BE ENFORCED SO AS TO LIMIT EACH SITE CONTACT’S LIABILITY AS PERMITTED BY LAW.
Modifications to the Services
CTTV reserves the right to modify or discontinue, temporarily or permanently, the site or any Services, or any features or portions thereof, without prior notice. You agree that CTTV will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
Applicable Law and Venue
These Terms, the Privacy Policy and your use of the Services or any communications with CTTV or any Site Contact (collectively, the “Items”) shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to conflicts of law provisions. Subject to Arbitration (see below), you agree that any action at law or in equity arising out of or relating to any Item above shall be filed only in the state courts located in Denver County, County, or if jurisdiction isn’t available in Denver County State courts, then in Federal Courts in Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of any of such Denver courts, over any suit, action or proceeding arising out of any of the Items.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE ALL DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Arbitration. You and CTTV agree to arbitrate any dispute arising from the Items (defined above), except that you and CTTV are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents of CTTV. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and CTTV agree that you will notify each other of any dispute in writing within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Denver, Colorado and that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. You and CTTV also agree that the state courts in Denver County, Colorado (or, if jurisdiction cannot be had there, in federal courts in Denver, Colorado) have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CTTV WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Termination
CTTV reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
