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LAST UPDATED: December 13, 2019

 

Welcome to the CDISC online CDISC Wiki (the "CDISC Wiki"), which is operated and made available to you by Clinical Data Interchange Standards Consortium ("CDISC" or "us" or "we") and is subject to the following Terms of Use (“Terms of Use”). These Terms of Use constitute a legal agreement between you and CDISC, so please read the terms and conditions contained in these Terms of Use carefully as they control your access to and use of the CDISC Wiki.  

 

Your use of and/or registration for the CDISC Wiki will constitute your ongoing acceptance of these Terms of Use and any other policies that may be applicable to the CDISC Wiki, each as they may exist at the time of your applicable use of and/or registration for the CDISC Wiki. If you do not agree to these Terms of Use or if you cannot accept these Terms of Use for any reason, then you are not authorized to use and/or register for the the CDISC Wiki and you must immediately discontinue use of and/or registration for this website and the CDISC Wiki.

 

For purposes of these Terms of Use, "you" shall mean you as an individual, and if you register or you use the CDISC Wiki on behalf of a business or government entity or entities, then “you” shall also mean all such entities on whose behalf you register for or use the CDISC Wiki.

 

By registering for or using the CDISC Wiki, you represent to us that you are 18 years old or older and you agree that you are accepting these Terms of Use (i) on behalf of yourself, and (ii) on behalf of any and all business and government entities for which you register or use the CDISC Wiki or to which you provide access to the account that you create within the CDISC Wiki to the employees or agents of any such entity. You hereby represent and warrant to us that you are authorized to accept these Terms of Use as a legally binding agreement on behalf of any such business or governmental entity for which you use the CDISC Wiki or to which you provide access to the account that you create within the CDISC Wiki to the employees or agents of such entity. If you cannot accept these Terms of Use on behalf of any such entity, then neither you nor that entity are permitted to use the CDISC Wiki on behalf of such entity.

 

We reserve the right to modify or replace these Terms of Use at any time and in our sole discretion. We will indicate at the top of these Terms of Use the date it was last updated. Any changes will be effective immediately upon posting of the revised version (or such later effective date as we may indicate at the top of the revised Terms of Use). It is your responsibility to regularly check the CDISC Wiki website to determine if there have been changes to these Terms of Use and to review such changes. Your continued use of the CDISC Wiki following the posting of any changes to the Terms of Use will constitute your acceptance of any and all such changes. If you do not or cannot agree to all of the changes we make to these Terms of Use, then you must immediately stop using the CDISC Wiki.

 

Without limiting any of our other rights or remedies in any way, you agree that your failure to fully comply with all of the terms and conditions of these Terms of Use, or any other terms or conditions posted anywhere within the CDISC Wiki, may result in suspension or termination of your access to and/or registration of the CDISC Wiki, without notice and without any liability to us.

 

  1. Registration and Account Creation

 

i.          Registration Information

We may at times require that you register for and/or set up an account to use all or a portion of the CDISC Wiki. In order to do so, you may be provided, or required to choose, a password, User Id, and/or you may provide other registration information, such as CDISC membership confirmation (collectively, the "Registration Information"). By providing the Registration Information to us, you represent to us that all such Registration Information provided by you is true, accurate, complete and up-to-date, and that we may rely on such Registration Information for purposes of providing you the CDISC Wiki. If you provide any Registration Information that is untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such Registration Information is untrue, inaccurate, incomplete, or not current, then we have the right to suspend or terminate your access to the CDISC Wiki and to refuse any and all current or future use of the CDISC Wiki by you. If any of your Registration Information changes, you must immediately update it by editing your customer profile on the CDISC Wiki. Without in any way limiting the foregoing, you agree not to impersonate any other person, to provide us any Personally Identifiable Information (as that term is defined in our Privacy Policy ) of any other person, or falsely state or otherwise misrepresent your affiliation with a person or entity at any time when registering for or using the CDISC Wiki. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark, or other proprietary right law, or is offensive.  For additional information regarding use of personal information you supply or communicate to the CDISC Wiki, please see our Privacy Policy, which you represent to us that you have read and agreed when you register for an account and/or use the CDISC Wiki.

 

ii.    Maintaining Confidentiality of Registration Information

 

If you register for and/or set up an account on the CDISC Wiki, you are solely responsible for maintaining the confidentiality of your Registration Information. CDISC is not liable for any loss or damage arising from or relating to your failure to maintain the confidentiality of the Registration Information. You are solely responsible for all use of the CDISC Wiki through your account, whether by you or anyone else who accesses the CDISC Wiki through your account. You may not sub-license, transfer, sell, or assign your account to any third party without our prior written approval. Any attempt to do so will be null and void and shall be a material breach by you of these Terms of Use.

 

iii.   Security; Mobile Use Precautions

 

If you have reason to believe that your account is no longer secure (e.g., loss, theft, or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the CDISC Wiki), you must promptly change the affected Registration Information in the CDISC Wiki and notify us via the Contact Us page . Likewise, if you elect to receive messages or other communications from the CDISC Wiki directly to your mobile device or e-mail account, then you authorize us to send such messages and communications to the mobile phone number and/or e-mail address that you provide us for that purpose.  You are solely responsible for keeping the CDISC Wiki updated with your current mobile phone number and/or e-mail address. CDISC is not liable for any loss or damage arising from or relating to the delivery of any messages or other communications from the CDISC Wiki sent to a mobile device or e-mail account that is outdated or compromised. If you install any software or enable any service that stores information from the CDISC Wiki on any mobile device or computer, it is your sole responsibility to protect such stored information on your mobile device or computer in order to prevent unauthorized access to your information or account, including removing such information or otherwise disabling access to such software or service prior to transferring such mobile device or computer to a third party. If you sign up to receive messages or other communications from the CDISC Wiki directly to your mobile device or e-mail account, you do so subject to the terms of Section 5 below.

 

iv.   Disclosures

 

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the CDISC Wiki, or as otherwise described in the Privacy Policy.

 

2.   Use of the CDISC Wiki

 

i.    Lawful Use Only

 

We grant you a limited right to use the CDISC Wiki for your personal, noncommercial use only, or if you are an entity, then for your own internal business purposes only . You agree to use the CDISC Wiki only for lawful purposes and to comply with all domestic and international laws, statutes, ordinances, and regulations applicable to the CDISC Wiki and your use of the CDISC Wiki, including any applicable export control laws of the United States or any other applicable jurisdiction.  You acknowledge that your failure to comply with the foregoing may subject you to civil and criminal liability and will constitute a material breach of these Terms of Use. You will not do, attempt to do, nor permit any third party to do or attempt to do, any of the following with respect to the CDISC Wiki, except as expressly authorized in writing or as otherwise enabled by us in advance:

 

a.   access the CDISC Wiki 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 CDISC Wiki;

c.   republish or syndicate the Material or other information available on the CDISC Wiki; or

d.   modify, adapt, alter, change, disassemble, or frame any of the contents of the CDISC Wiki.

 

ii.    Use by Children

 

The CDISC Wiki is not intended for users under the age of 18. We do not knowingly solicit or market to children, nor do we knowingly collect, use or retain Personally Identifiable Information from users under the age of 18. Such users are expressly prohibited from using the CDISC Wiki or submitting their Personally Identifiable Information to us. If we receive actual notice that we have received such information from a user under the age of 18 in violation of this paragraph, we will delete that information from our records as soon as reasonably practical.

 

iii.   User Conduct

 

You agree not to use the CDISC Wiki to upload, post, transmit, share, store, or otherwise make available any content that we, in our sole discretion, deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable. You further agree not to upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, nor any viruses, Trojan horses, worms, or other similarly harmful or deleterious programming routines.

 

iv.   Operation of CDISC Wiki from United States

 

The CDISC Wiki website is operated and provided within the United States of America. To the extent the CDISC Wiki 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

 

The CDISC Knowledge Base website may use “cookies” to enhance your experience. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.

 

3.   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 Wiki website (collectively the “Material”), including, without limitation, the "look and feel" of this CDISC Wiki 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 CDISC Wiki 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 CDISC Wiki 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 Wiki 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 CDISC Wiki 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.

 

iii.   Interference

 

You agree not to attempt to or actually disrupt, overwhelm, attack, modify or interfere with the CDISC Wiki 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 CDISC Wiki. You further agree not to attempt to or actually alter or tamper with any information or materials on or associated with the CDISC Wiki. Other than connecting to CDISC's servers by http requests using a Web browser, you may not attempt to gain access to CDISC's servers by any means, including by using administrator passwords or by masquerading as an administrator while using the CDISC Wiki or otherwise.

 

iv.   Links to and from Other Sites

 

Solely as a convenience to our users, we may provide links to other third-party websites or resources. In addition, there may be links to the CDISC website from third-party websites. We are not in control of the third-party websites linked to or from our website or CDISC Wiki and are not responsible for the content of any such third-party websites. Further, we have not reviewed or verified the material contained on any linked website. As such, linked websites and the accompanying material are not guaranteed to be accurate and are in no way endorsed by CDISC. Additionally, linked websites and their owners may have terms of use and policies (including privacy policies) that differ from those set forth by CDISC. We specifically disclaim any representations or warranties regarding these third parties and their respective adherence to their policies, if any. We suggest you obtain and read the policies and procedures of any third party prior to utilizing its website and services. Your use of any links to or from our website or CDISC Wiki is done at your own risk. We are not responsible for any loss or damage relating to links to or from third-party websites.

 

v.   Equitable Remedies

 

You agree that if you breach these Terms of Use, CDISC will be irreparably damaged. Therefore, you agree that CDISC shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies with respect to any breaches by you, in addition to any other available remedies.

 

4.   User Content

 

i.          User Responsibility

 

You are solely responsible for the photos, videos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish, or display (hereinafter, "post") on or through the CDISC Wiki, or transmit to or share with other users (collectively the "User Content"). By posting User Content, you represent to us that (i) you own, or have the necessary licenses, rights, consents and permissions to use and submit the User Content, (ii) the User Content does not infringe the copyright, trademark, privacy right, publicity right or any other intellectual property or proprietary right of any third party, and (iii) you have all necessary licenses, rights, consents and permissions to grant us the rights in the User Content set forth in these Terms of Use.  Without limiting the foregoing in any way, you acknowledge and agree that you may not post, transmit, or share User Content on the CDISC Wiki that you did not create or that you do not have permission to post. You understand and agree that we may, but we are not obligated to, review your User Content and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms of Use, or which might be offensive or illegal, or that might violate the rights of, harm or threaten the safety of any person or entity. You are solely responsible, at your sole cost and expense, for maintaining the original or creating copies, as applicable, and replacing any User Content you post or store on the CDISC Wiki or provide to us.

 

ii.          Content License

 

When you post User Content to the CDISC Wiki, you authorize and direct us to use and disclose the User Content as necessary to provide the CDISC Wiki and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting, and storage of the User Content on the CDISC Wiki. You acknowledge and agree that you are responsible for selecting your desired privacy settings applicable to any and all User Content that you post to the CDISC Wiki, including changing the default “public” setting to a different privacy setting for any User Content that you do not want to be publically available to other CDISC website visitors.  By posting User Content to any part of the CDISC Wiki, you automatically grant, and you represent and warrant that you have the right to grant to CDISC, our licensors and service providers, and all other users with access rights to such User Content pursuant to your selected privacy settings, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the CDISC Wiki or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the CDISC Wiki at any time, but you acknowledge that CDISC may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect. You agree that we are under no obligation, at the end of your subscription or otherwise, to continue to store or maintain the User Content, to separately deliver the User Content to you, or to destroy or delete the User Content from the CDISC Wiki, our servers or anywhere else that we may maintain or store such User Content.

 

iii.         Ownership

 

We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use and the terms of Section 4(iv), you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

 

iv.         Feedback

 

Notwithstanding Section 4(iii), if you provide us with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), you agree that:

 

  1. you are not obligated to provide us any Feedback;

 

  1. if you provide us any Feedback whatsoever, you do so voluntarily and subject to the terms of this Section 4(iv);

 

 

  1. any and all right, title, and interest to such Feedback shall become the exclusive property of CDISC;

 

  1. we may identify you as the source of the Feedback with others publicly or privately without your consent, provided that we will not use your first and last name together in doing so, except with your prior consent;

 

  1. 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

 

g.   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.

 

5.   Third-Party Charges and Mobile Alerts

 

You are solely responsible for any fees or charges incurred to access the CDISC Wiki through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that CDISC is not liable in any way for any third party charges you may incur as a result of your use of the CDISC Wiki .

 

6.   Copyright Complaints

 

We respect the intellectual property rights of others. If you believe that any content or material on the CDISC Wiki infringes upon your copyright, you may send a written notification of such alleged infringement to us at:

 

CDISC
Attn: Legal Department
401 West 15th Street, Suite 800

Austin, TX 78701

 

In keeping with the requirements of the Digital Millennium Copyright Act, the notification of alleged infringement must include the following:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

  1. 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;

 

  1. 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;

 

  1. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;

 

  1. 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

 

vi.         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 CDISC Wiki.

 

7.   Indemnification

 

You agree to indemnify, defend, and hold harmless CDISC, including its constituent parts (including, but not limited to, the CDISC Board of Directors, CDISC employees, and CDISC members, participants, contractors, and representatives), and its affiliates, licensors, and service providers, and each of their officers, directors, shareholders, employees, agents, partners, members, representatives, successors, and assigns (“CDISC Parties”) from and against any and all claims, demands, causes of actions, suits, and liabilities (including attorney’s fees and expenses) that may arise from or relate to your User Content, or from your unauthorized use of the CDISC Wiki or information, content, or any other Material obtained through the CDISC Wiki, or from your actual or alleged breach of these Terms of Use, or from any use of your account with the CDISC Wiki (even if such use was not made or authorized by you), or for your violation of any applicable law. CDISC retains the right to assume the exclusive defense and control of any claim subject to indemnification, and, in such cases, you agree to cooperate with us to defend such claim.  You may not settle any claim covered by this Section 7 without our prior written approval.

 

8.   Liability Disclaimer and Limitation of Liability

 

YOU ACKNOWLEDGE THAT YOU ARE USING THE CDISC WIKI, INCLUDING THE MATERIALS, AT YOUR OWN RISK. THE CDISC WIKI, 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 CDISC WIKI. THE CDISC PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE CDISC WIKI, INCLUDING THE MATERIALS, WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS, OR LOSS OF USER CONTENT OR TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON OR THROUGH THE CDISC WIKI. IF YOU ARE DISSATISFIED WITH THE CDISC WIKI, INCLUDING THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CDISC WIKI.

 

WITHOUT LIMITATION, THE CDISC PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CDISC WIKI, 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 CDISC WIKI 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.

 

THE CDISC PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS OF USE, THE PROVISION OR USE OF THE CDISC WIKI OR THE MATERIALS, LOSS OF USER CONTENT OR TRANSMITTED INFORMATION, THE DELIVERY OR FAILURE TO DELIVER MATERIALS, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE CDISC WIKI OR ANY MATERIALS, ANY VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE CDISC WIKI OR ANY MATERIALS, OR YOUR USE OF OR RELIANCE ON THE CDISC WIKI OR ANY MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

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 CDISC WIKI 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 THESE TERMS OF USE, INCLUDING YOUR USE OF THE CDISC WIKI OR MATERIALS.

 

WHILE THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU SHOULD BE AWARE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. IN THE EVENT THAT THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIABILITY SHALL BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, YOU AGREE THAT THE CDISC PARTIES, HOWEVER ARISING OR RELATING TO THESE TERMS OF USE OR THE CDISC WIKI OR MATERIALS, SHALL NOT EXCEED $100.

 

9.   CDISC Wiki Modification; Termination or Suspension of Access to the CDISC Wiki

 

We have the right to modify the CDISC Wiki 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 CDISC Wiki, or any portion thereof, for any or no reason without notice.

 

10. Dispute Resolution

 

i.    Law

 

These Terms of Use will be interpreted according to and governed in all respects by the laws of the State of Texas, and any claim, dispute, or controversy, whether at law or in equity, that arises out of or relates in any way to the subject matter of these Terms of Use (including its formation) or our CDISC Wiki (each, a "Claim") will be decided in accordance with the laws of the State of Texas, without regard to conflict of law provisions. This choice of law shall apply no matter what form of dispute resolution from the options below is used for resolution of a Claim.  These Terms of Use will not be governed by or subject to the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act.

 

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

 

Class arbitrations and class actions arising out of or related in any way to these Terms of Use, the CDISC Wiki, or CDISC’s acts or omissions are not permitted, and your Claim may not be consolidated with any other person’s claim under any circumstances.

 

iv.   Limitation Period

 

Regardless of any statute or law to the contrary, you must file any Claim arising out of or related in any way to these Terms of Use, the CDISC Wiki, the Materials, or CDISC’s acts or omissions within one year after such Claim.  Otherwise, you will waive the Claim.

11. Notices

 

i.          To you

 

Any notice to you allowed or required by these Terms of Use will be provided to you at the then-current contact information that we have for you and may be delivered to you by electronic means, such as e-mail, text message, or similar methods of communication.  Notices to you will be deemed received by you the same day that we send them if sent electronically, or five days after we send them if sent by mail or other form of non-electronic delivery. It is your responsibility to ensure that your contact information associated with your account is accurate and current at all times.  If you do not maintain accurate and current contact information with us, we will not be responsible if you do not actually receive any notice that we send you.

 

ii.          To CDISC

 

Notices to CDISC under these Terms of Use must be sent in a manner requiring a signed receipt (e.g., courier delivery or registered (or certified) mail, return receipt requested) to CDISC, Attn: Finance and Administration, 401 West 15th Street, Suite 800, Austin, TX 78701 or (or at such different addresses as may be designated by CDISC in future versions of these Terms of Use).

 

12. General Provisions

 

These Terms of Use, including all additional terms, conditions, and policies referenced herein or as part of the CDISC Wiki, constitutes the entire agreement between you and us and supersedes all prior agreements with respect to the subject matter hereof.  If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then (i) such provision shall be severed from the remaining provisions of the Terms of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of the Terms of Use, and (ii) these Terms of Use shall be deemed amended in order to give effect, to the maximum extent allowed by applicable law, to the original intent of the severed provision. In our sole discretion, we may assign these Terms of Use. Headings are for reference purposes only and do not limit the scope or extent of such section. Our delay or failure to act with respect to a breach by you or others of these Terms of Use shall not constitute a waiver of any of its rights or remedies hereunder and does not waive our right to act with respect to subsequent or similar breaches by you or others. We do not guarantee we will take action against all breaches of these Terms of Use.  All provisions of these Terms of Use that expressly or, by their nature, are implicitly intended to survive the termination of these Terms of Use shall continue and remain in full force and effect after the termination hereof, including the provisions in the Intellectual Property section, the Indemnity section, the Liability Disclaimer and Limitation of Liability section, the Notice section, and this General Provisions section. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise expressly stated, no right or remedy granted in these Terms of Use is intended to be exclusive of any other right or remedy available to CDISC, whether at law or in equity.

 

© 2019 Clinical Data Interchange Standards Consortium.  All rights reserved. Other trademarks used on or in conjunction with the Knowledge Base are held by their respective owners.



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