Encompass Clinical Research ("Encompass") makes Information (defined below) available on this web site (the "Site") subject to the following terms and conditions ("Terms of Use"). By accessing or using Encompass’s Site or obtaining any information from the Site, you agree to comply with and be bound by these Terms of Use. If you do not accept these Terms of Use, you may not use the Site or any Information made available on the Site and must promptly exit the Site.

Encompass reserves the right to change these Terms of Use from time to time in its sole discretion and without notice. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. You agree to periodically review these Terms of Use to ensure that you are aware of any changes to them. In addition, you will be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Site will terminate automatically.

PRIVACY POLICIES

Encompass’s Privacy Policy governs Encompass’s use of information obtained from and about the users of its Site. We recommend that you read the text of our Privacy Policy, located at http://encompassresearch.com. When you provide information to or enter into transactions with individuals or entities linked to Encompass’s Site or that advertise on Encompass’s Site, you may be subject to the privacy policies, if any, of such individuals or entities. Encompass recommends that you review the privacy policies of such individuals and entities before providing personally identifiable information to them.

REGISTRATION REQUIREMENTS

To access and use certain services provided by Encompass through its Site, you may have to register certain information with Encompass. If you desire to access or use services which require registration, you agree to complete Encompass’s registration form using true, accurate, current and complete information (“Registration Information”) and to update your Registration Information as necessary to ensure that it remains true, accurate, current and complete. If Encompass suspects that the Registration Information you have provided is false, outdated or incomplete, Encompass may disallow your future use of Encompass’s Site and related services in its sole discretion.

YOUR SECURITY

After completing the registration process, you will be issued a password and account designation. It is your obligation to ensure that your password remains confidential. Activity that occurs under your password or account is your sole responsibility. Consequently, you must immediately inform Encompass of any unauthorized use of your password or other breach of security. Encompass expressly disclaims any and all liability for loss or damage arising from your failure to comply with this paragraph.

COPYRIGHT; LIMITED LICENSE; USER CONDUCT

The information, content, trademarks and service marks (collectively, “Information”) contained on Encompass’s Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Information at this Site may violate such laws. Except as expressly provided herein, Encompass does not grant any express or implied right to you under any patents, copyrights, trademarks or other intellectual property rights of Encompass with respect to this Information. Except as specifically permitted herein, no portion of the Information on this Site may be reproduced in any form or by any means without the prior written permission of Encompass. Except as otherwise indicated elsewhere on this Site, you may view, download and print the Information available on this Site subject to the following conditions:

  • The Information may be used solely for personal, informational, internal, non-commercial purposes.
  • The Information may not be modified or altered in any way.
  • The Information on the Site may not be distributed by you to others.
  • You may not remove any copyright or other proprietary notices contained in the Information.
  • Encompass reserves the right to revoke your authorization to view, download and print the Information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Encompass.
  • The rights granted to you constitute only a limited, non-exclusive, non-sublicensable and non-transferable license and they do not constitute a transfer of title.
  • The rights specified above to view, download and print the Information available on this Site are not applicable to the design, layout or “look and feel” of this Site.
  • Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

DISCLAIMER

The Information made available on this Site is presented for educational purposes only. This Site is not intended for medical diagnosis or treatment, and is not intended to be a substitute for consultation with or treatment by a competent medical professional. The Information on this Site is not intended to suggest a diagnosis or course of treatment for any individual. This Site is not for use in emergency or urgent situations. If you are experiencing a medical emergency, dial 9-1-1 for assistance.

By accessing this Site and any information on this Site and by registering your information with Encompass through this Site, you are not establishing a physician-patient relationship with any physician of Encompass. Consequently, Encompass and its shareholders, directors, officers, employees, agents, contractors, representatives and assignees, including, without limitation, Encompass’s physicians and other health care providers, due not owe any professional or ethical duties to you arising out of or related to your access or use of this Site or the information contained on this Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION ON THIS SITE ARE PROVIDED "AS IS" ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ENCOMPASS MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS. ENCOMPASS MAY MAKE CHANGES TO THE INFORMATION ON THIS SITE, AT ANY TIME WITHOUT NOTICE.

THIS SITE COULD INCLUDE TECHNICAL MISTAKES, INACCURACIES, TYPOGRAPHICAL ERRORS AND OTHER ERRORS. THE INFORMATION ON THIS SITE MAY BE OUT OF DATE, AND ENCOMPASS MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION. ENCOMPASS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION WHICH IS PROVIDED ON, REFERENCED BY OR LINKED TO THIS SITE.

REFERENCES TO OTHER ORGANIZATIONS, AND THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENCOMPASS MAKES NO WARRANTY CONCERNING THE ACCURACY, INTEGRITY OR QUALITY OF THE CONTENT ON ENCOMPASS’S SITE. YOU USE AND RELY UPON SUCH CONTENT AT YOUR OWN RISK.

THE USE OF THIS SITE OR THE DOWNLOADING OF ANY INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENCOMPASS OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE, WAIVER, RELEASE AND LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER ENCOMPASS NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES OR ASSIGNEES, INCLUDING, WITHOUT LIMITATION, ENCOMPASS’S PARTICIPATING HEALTH CARE PROVIDERS (COLLECTIVELY, “PERSONNEL”), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE OR ANY WEB SITE REFERENCED IN OR LINKED TO THIS SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ENCOMPASS AND ITS PERSONNEL FOR LOSSES OR DAMAGES YOU SUSTAIN AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE INFORMATION CONTAINED ON THIS SITE. UNLESS CONTAINED IN THESE TERMS OF USE, NO WARRANTY BETWEEN YOU AND ENCOMPASS SHALL BE ENFORCEABLE.

IN NO EVENT SHALL ENCOMPASS OR ITS PERSONNEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, GOODWILL, PROFITS, OR OTHER INTANGIBLE LOSSES, EVEN IF ENCOMPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. ENCOMPASS’S LIABILITY TO YOU IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

RESTRICTIONS ON ENCOMPASS’S LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON CERTAIN TYPES OF WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.

LINKS TO OTHER WEB SITES

This Site may contain links to third-party web sites that are not under the control of Encompass. Encompass makes no representations whatsoever about any other web site to which you may have access through this Site. When you access a non-Encompass web site, you do so at your own risk and Encompass is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites or for the quality of any of the products or services available on such sites. Encompass provides these links merely as a convenience and the inclusion of such links does not imply that Encompass endorses or accepts any responsibility for the content or uses of such web sites.

RELATIONSHIPS WITH ADVERTISERS

You interact with Encompass’s advertisers at your own risk. Encompass is not a party to any transaction between you and Encompass’s advertisers and Encompass shall not be liable for any losses or damages you incur as a result of your dealings with individuals, entities or organizations that advertise on Encompass’s Site. Nothing contained in or transmitted through Encompass’s Site is an offer or promise to sell a product for a specific price on specific terms. Encompass’s advertisers supply all information about their products and services, and the price and other terms of sale of such products and services are subject to negotiation between you and the advertisers. Encompass does not guarantee the prices, products or services offers by its advertisers.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Encompass’s Copyright Agent a notice containing the following elements:

  • a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • a description of where the material that you claim is infringing is located on the Encompass Site;
  • information sufficient to permit Encompass to contact you, such as your physical address, telephone number and email address;
  • a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.


Encompass’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

Encompass Clinical Research / 10225 Austin Drive, #203, Spring Valley, CA 92103

THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES WHICH ARE LINKED TO BY THIS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO OTHER INQUIRIES. ALL OTHER INQUIRIES SHOULD BE DIRECTED TO This email address is being protected from spambots. You need JavaScript enabled to view it. .

USER’S REPRESENTATIONS AND WARRANTIES

You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter into and be bound by these Terms of Use. You represent and warrant that you have read these Terms of Use and that you agree to be bound by them and to comply with your responsibility as stated in these Terms of Use. In addition, as a condition of accessing and using Encompass’s Site, you agree not to use Encompass’s Site to do any of the following:

  • transmit unlawful, threatening, harassing, tortious, defamatory, obscene, pornographic, libelous, or offensive content, as determined by Encompass in its sole discretion;
  • impersonate an individual, organization or entity or misrepresent your affiliation with an individual, organization or entity;
  • disguise the source of content transmitted through Encompass’s Site;
  • transmit content that you are not authorized by law, contract or otherwise to transmit;
  • transmit content that solicits or advocates violence or other criminal conduct;
  • transmit content in violation of another party’s patent, trademark, copyright, trade secret or other proprietary rights;
  • transmit advertising or promotional materials or solicit customers in any fashion except as specifically permitted by Encompass;
  • transmit junk mail, “spam,” chain letters or pyramid schemes;
  • transmit content containing software viruses or any other computer code, files or programs developed and intended to interfere with, restrict or eradicate the functionality of computer software, hardware or telecommunications equipment;
  • engage in conduct that disrupts other users’ ability to engage in “real-time” information exchanges;
  • disrupt Encompass’s Site, servers or networks; or
  • violate any local, state, national or international law.

GOVERNING LAW AND SEVERABILITY

This agreement shall be governed by and construed under the laws of the State of California. If any provision of this agreement is invalid or contravenes California law, such provision shall be deemed not to be a part of this agreement and shall not affect the validity or enforceability of the remaining provisions.

NOTICES

Notices to you may be made via e-mail, U.S. Mail or by displaying the notice or link to the notice on the Encompass’s Site. All notices, requests and other communications to Encompass must be made in writing and shall be deemed duly given (i) on the date of delivery if personally delivered or delivered by overnight courier or (ii) three business days after mailing if mailed by first-class mail, postage prepaid, to the address set forth below, or at such other addresses as may be designated by Encompass from time to time:

Encompass Clinical Research / 10225 Austin Drive, #203, Spring Valley, CA 92103

WAIVER

Waiver of any provision of these Terms of Use shall not be deemed or constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver.

SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective heirs, beneficiaries, legal representatives, successors and assigns.

ENTIRE AGREEMENT

These Terms of Use and Encompass’s Privacy Policy constitute the entire agreement between you and Encompass and supersede all previous oral and written agreements, communications, representations or commitments between the parties with respect to your use of Encompass’s Site.

PROPRIETARY RIGHTS

Encompass reserves complete and sole discretion with respect to the operation of its Site and the Information. Encompass expressly retains all proprietary and ownership rights to the Site and the Information, subject only to the provisions of these Terms of Use.