Updated March 1, 2018
Thank you for visiting Acurian. We appreciate your interest in Acurian’s Services (“Services”). The Services are provided by Acurian, Inc. located at 2 Walnut Grove Drive, Suite 375, Horsham, PA, 19044 United States.
1. ACCEPTANCE OF THESE TERMS
By using Acurian’s Sites, you represent and warrant that you are of legal age to form a binding contract with Acurian and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Acurian Sites or Services.
Notice of Arbitration Agreement and Class Action Waiver
3. NOT MEDICAL ADVICE
No Services on any Acurian Site should be used as a substitute for discussions with or evaluations from qualified health care professionals. Although we seek to facilitate participation by qualified individuals in appropriate clinical research studies, the prospect of such participation should not cause you to forgo needed attention to medical issues. If you feel you have a medical condition, please discuss this with a qualified health care professional.
4. YOUR RIGHTS TO USE THE SERVICES AND LIMITATIONS OF THOSE RIGHTS
- You agree to use the Services only for lawful, personal, and informational purposes, and you agree that you will not use any resource made available by or for the benefit of Acurian (together “Resources”) in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party;
- You agree not to copy, reproduce, distribute, display portions of, or link to any Acurian Resources protected by the Rights for commercial purposes without our prior express written consent;
- You agree not to post on or transmit into any Acurian Resources any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;
- You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine any Acurian Resource for information or to fill out forms on any Acurian Resource, that you will not circumvent any technical measures implemented to prevent or limit such access and that you will comply with the restrictions in any robot exclusion header;
- You agree not to use any messaging capability included in Acurian Resources for the delivery of unsolicited bulk email; and
- You will not circumvent or attempt to circumvent any security or access control technology implemented on any resource available as part of the Services (including any Acurian Site), or any servers, network or associated systems or physical premises operated by or for the benefit of Acurian.
Acurian reserves the right to view, monitor, and record activity on Acurian Sites without notice or your permission. Any information obtained by monitoring, reviewing, or recording activity on Acurian Sites is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on Acurian Sites. Acurian will also comply with all court orders involving requests for such information.
5. OWNERSHIP AND COPYRIGHT PROTECTION
© 2000-2014 Acurian, Inc. Acurian, Aculaunch, Acupatient, AcuChart and any and all other names, logos, and icons identifying Acurian’s products, services, information, and other materials are proprietary marks of Acurian, Inc. Other company and product names used in the Services are properties of their respective owners. Acurian marks may be used publicly only with permission from Acurian. All rights reserved.
6. THIRD-PARTY CONTENT AND PRODUCTS; LINKS TO OTHER SITES
Some or all of the information and other materials or products available as part of the Services have been prepared or are being offered by third parties not affiliated with Acurian. Acurian makes no warranties with regard to such information or other materials or products, nor does Acurian assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such products.
The Services may include links to sites and services not provided by Acurian. Your interaction with these sites and services will be subject to the terms (including privacy policies) established by such sites or services. We recommend that you review these third-party terms prior to your use of such sites and services.
Acurian is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through or advertised on such sites or services, or their privacy or other practices.
7. PRIVACY AND SECURITY
While we have implemented measures designed to protect against the unauthorized access, interception, loss, misuse and or alteration of the information under our control, we do not guarantee that events of unauthorized access, interception, loss, misuse and or alteration of the information under our control will not occur. In the event of any unauthorized access, interception or other misuse, we will not be responsible for such unauthorized access, interception or misuse, or any direct, indirect, special, incidental, consequential or other damages (including lost profits) suffered by you, even if we have previously been advised of the possibility of such damages. We do not warrant, either expressly or implied, that the information provided by any user will be free from unauthorized access, interception or misuse.
8. YOUR PASSWORD
Use of certain portions of the Services requires a password. You will be asked to choose a unique login username (“User Name”) and password (“Password”). Each User Name and corresponding Password may only be used by one User. You understand and acknowledge that anyone with knowledge of both your User Name and Password may gain access to any information, including personal information, you have stored in the password-protected portion of the Services.
You agree to keep your Password secret, to notify us if your Password is lost or compromised, and to be solely responsible for the confidentiality and use of your respective Password(s), as well as for any communications entered through Acurian Sites using such Passwords.
Acurian reserves the right, in its sole discretion, to immediately modify, suspend or terminate Services and/or your access to some or all of them without cause and without notice.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
11. LIMITATION OF LIABILITY
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Acurian’s liability is limited to the extent permitted by law, thereby minimizing Acurian’s liability to you to the lowest amount permitted by applicable law.
You agree to indemnify and hold each of Acurian, its subsidiaries, affiliates, officers, directors and employees, and any third parties providing content included in the Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Services.
14. APPLICABLE LAW
15. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Arbitration Agreement
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Acurian’s Services, Sites, or Resources, or relating in any way to Acurian’s communications with you, shall be finally resolved by binding arbitration.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Acurian, Inc., 2 Walnut Grove Drive, Suite 375, Horsham, PA, 19044 United States. If you are an individual, the arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. The arbitration will be conducted in the English language in the city of Philadelphia, Pennsylvania. Pennsylvania law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause below entitled “Class Action Waiver.”
B. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
16. WAIVER AND SEVERABILITY
18. CONTACT INFORMATION
Any questions regarding Acurian Sites and any requests for additional information concerning Acurian and its products and services may be directed to Acurian at firstname.lastname@example.org. However, please note that communications made through that address will not be deemed to constitute legal notice to Acurian or any of its officers, employees, agents, or representatives in any situation where notice to Acurian is required by contract or any law or regulation.