Patient Engagement Application
Terms of Use
Effective: June 14, 2023
I. TERMS OF USE
II. PRIVACY POLICY
NOTICE: THIS APPLICATION IS ONLY INTENDED FOR USE BY INDIVIDUALS WHO ARE ENROLLING IN A TARGET RWE STUDY. IF YOU ARE NOT ENROLLING IN A TARGET RWE STUDY, IMMEDIATELY DISCONTINUE USE OF THE ENGAGE APPLICATION.
I. TERMS OF USE
1.1 These Terms of Use (“Terms”) govern your use of Engage™ patient engagement application (“App”) which is owned and controlled by Target PharmaSolutions, Inc. (“Target RWE”). The Terms are a legal and binding agreement between you (“you”, “your”), as a user of the App and Target RWE.
Your acceptance of, and compliance with these Terms is a condition of your use of the App. By accessing and using the App you agree that you have read, understand, and accept all terms and conditions contained within these Terms. If you do not agree to be bound by the Terms, you are not authorized to access or use the App; promptly exit and discontinue use of the App. These Terms apply to anyone accessing or using the App, including without limitation, any person, digital engine, or other digital tool that can be used to crawl, index, scrape, copy, store or transmit digital content.
1.2 No Medical Care or Advice
THE CONTENT WITHIN THE APP IS SOLELY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF INFORMATION PROVIDED IN THE APP OR WITHIN THE SERVICES. DO NOT USE THE APP FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 AND OR A HEALTHCARE PROFESSIONAL IMMEDIATELY.
1.3 User Requirements
- You will comply with the Terms;
- You are the age of legal majority or older in your place of residence;
- If material changes are made to the App or the Terms, you will be required to re-accept the updated Terms; and
- You are responsible for any use of the App on your mobile device; and You are responsible for any mobile data fees and other third-party charges incurred as a result of your access and use of the App; and
- You are responsible for the security and privacy settings of your mobile device accordingly.
As a user, you agree not to:
- Delete or revise any Target RWE proprietary content;
- Use any device or program that interferes or attempts to interfere with the resource, availability, and functionality of the App;
- Copy, reprint, modify, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from the App or any third-party websites linked to from the App; or
- Use the App in any manner that violates applicable law.
1.4 License
Subject to your compliance with these Terms, Target RWE grants you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the App for the purposes of participating in a Target RWE clinical study, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the App.
1.5 Electronic Communications
By creating an account to use the App, Target RWE may contact you using the contact information that you provide when you create your account. You consent to receive communications from us electronically.
1.6 Disclaimer of Warranties
Target RWE provides the App, its content, its services, and all information displayed on the App on an “AS-IS” and “AS AVAILABLE” basis, without any representations or warranties of accuracy, correctness, accuracy, reliability or otherwise. Target RWE specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade.
1.7 Limitation of Liability
YOUR USE OF THE APP IS AT YOUR OWN RISK
TARGET RWE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP, EVEN IF TARGET RWE AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY PARTY ON CONTENT OBTAINED THROUGH THE USE OF THE APP OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS COLLECTIONS TO THE APP OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS, FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISZED ACCESS TO, THE APP.
IF FOR ANY REASON THE DISCLAIMERS OR WARRANTIES OR LIMITATIONS OR LIABILITY SET FORTH HEREIN IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TARGET RWE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $1,000.00.
1.8 Indemnification
You agree to defend, indemnify, and hold harmless Target RWE and its affiliates and their respective officers, directors, employees, agents, and licensees from any and all liability, including costs, expenses and attorneys’ fees arising from your violation of these Terms. No settlement may be made that affects Target RWE’s rights or obligations without Target RWE’s consent.
Target RWE will indemnify you for any direct damages you incur from a third-party claim that your use of the App infringes a third-party’s U.S. patent, copyright or trademark right.
1.9 Binding Arbitration
You and Target RWE agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the App shall be determined by binding arbitration instead of in courts of general jurisdiction.
1.10 Intellectual Property
The App and all associated Content, software (in both source code and object code form), materials, images, graphics, logos, illustrations, graphical elements, look and feel, structure , organization, design, algorithms, templates, logic flow and screens together with any and all Target RWE or App names, brands, and logos, and all copyrights, trademarks, service marks, trade names , trade secrets, patents and other intellectual property rights, title or interests associated with any of the foregoing are and shall remain the sole and exclusive property of Target RWE. Nothing in this Agreement transfers any of such rights, title, or interest in any User.
1.11 Third-Party Sites
The App may contain links to third-party services, such as services for providing payment to you (“Third-Party Services”). Target RWE does not control Third-Party Services and You hereby agree that Target RWE is not responsible for the information, transmission of information or any materials available through a Third-Party Service. Furthermore, Target RWE does not endorse any third-party service and the linking to a Third-Party Service is not to be construed as an endorsement. Any access to Third-Party Services is at your own risk and is subject to the terms and conditions of such Third-Party Service.
1.12 Assignment
You shall not assign this Agreement or assign any of your rights or delegate any of your obligations hereunder, in whole or in part whether voluntarily or by operation of law, without Target RWE’s prior written consent. Any such purported assignment or delegation without Target RWE’s prior written consent will be null and void and of no force or effect.
1.13 Waiver and Severability
Target RWE does not waive any provision of these Terms by failing to enforce it. If any part of these Terms is found unlawful, void, or unenforceable, that part will be severed from these Terms and will be enforced to the maximum extent permissible, and all other parts of these Terms will remain in effect.
You agree that information provided by you in connection with the App shall be governed by the Target RWE Privacy Policy, which is hereby incorporated and made a party of these Terms.