RxE2 Inc. (the “Company”, “RxE2”, “we”, “our”, or “us”) provides online websites at www.rxe2.com any other sub domains (the “Website”) and a proprietary application RxE2 Health (the “App” and together with the Website, the “Service”) to run clinical trials. ‘You’ or ‘Your’ refers to any User of the Service, whether a clinical trial participant (the “Participant”), and a family member of the Participant (a “Family Member”), or a person involved in running the clinical trial (such as a doctor or trial coordinator, the “Researcher”, or pharmacist with the Participant, Family Member and Researcher, each a “User”). These Terms of Service (“Terms”) govern your access and use of the Service.
Please read these Terms carefully. These Terms govern your access to and use of the Service. You must accept these Terms prior to using the Service. By downloading the App and/or using the Service (including all Content available through the Service, as defined below), you signify your assent to both these Terms and our Privacy Policy, which is available at https://www.rxe2.com/privacy-policy/. Changes may be made to these Terms from time to time in our sole discretion. Your continued use of the Service will be deemed acceptance to amended or updated terms. Please review the Terms from time to time to see if they have been changed. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not make any use of the Service.
Use of Service
We are not a health care provider. The Content of the Service and other material contained in the Service is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. The Content offered the Services is not intended to be for medical diagnosis or treatment. Persons accessing the Content assume full responsibility for the use of the Content and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Content. We do not recommend or endorse any specific drugs, devices, tests, products, tests, procedures, physicians, opinions, “off-label” drug uses or other information that may be mentioned on our Service. Your reliance upon the Content obtained or used by you is solely at your own risk. As part of a Participant’s use of the App, Participants will be sent notifications and updates to assist them with fulfilling their responsibilities in the clinical trial in which they are participating. These notifications and updates are only meant to assist with these responsibilities and they should not be relied upon exclusively. The Participant is solely and fully responsible for fulfilling his/her responsibilities in the clinical trial.
RxE2 allows you to access and use the Service subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the Service or Content. Subject to the terms and conditions hereof, RxE2 hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license to download the App and install it on your mobile device. You may not use the Content in order to create a database.
Use of and access to the Service is void where prohibited. By using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have the permission of your parent or guardian, and (d) your use of the Service does not violate any applicable law or regulation or any obligation you may have to a third party.
You acknowledge that RxE2 may, in its sole discretion and at any time, modify the App and/or discontinue providing the Service or any part thereof for any reason, without notice. RxE2 has no obligation to maintain or support the Services or the App or provide updates in respect thereof. Currently, RxE2 makes the Service available free-of-charge to you, but RxE2 may choose at any time to charge for your future use of the Service while providing a notice in advance. RxE2 has the right to start or stop charging for use of the Services at any time, and/or to increase or decrease the amounts we charge for use of the Service at any time, all at our sole discretion.
Accounts
You may register to use RxE2 by providing the requested information. We may change the method of registration at our discretion. RxE2 reserves the right to refuse to allow any User to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. You should not reveal your password to other Users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates our Terms. If your account is terminated, you may not join our Service again without express permission.
You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. RxE2 will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold RxE2 harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at rxe2@rxe2.com.
Termination of Use
You agree that RxE2 may for any reason, in its sole discretion and without notice, terminate your account and/or use of the Service. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other Users, third parties, the community ethos of our Services or the business interests of RxE2. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at rxe2@rxe2.com.
If RxE2 believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. Any suspension, termination, or cancellation of your account shall not affect your obligations to RxE2 and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Content
Certain types of content may be made available through the Service and/or the Site. “Content” as used in these Terms means, collectively, all content on or made available through the Service and/or the Site, including but not limited to images and text posted by means of the Service or anywhere on the Site, whether by us or by any other User or user of the Service and/or the Site.
RxE2 may allow you to post Content by means of the Service. You are fully and solely responsible for any Content you submit or post by means of the Service, and represent and warrant that such Content (a) complies with all applicable law, does not infringe third party moral or privacy rights and does not infringe third party intellectual property rights, (b) does not contain any defamatory, libelous, vulgar, obscene or otherwise offensive content, and (c) complies with applicable law. RxE2 has no obligation to accept, display, review or maintain any Content. Moreover, RxE2 reserves the rights to remove and permanently delete any Content, including any statements of any User, without notice and for any reason. Any posted or submitted Content shall not be considered confidential and may be disseminated by RxE2 without any compensation to you. Content you provided may be available to the public, and you should have no expectation of privacy in the same. This provision shall not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Service or in any Content. RXE2 DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND RXE2 EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
RxE2 may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that RxE2 reserves the right to treat User Content as content stored at the direction of Users for which RxE2 will not exercise editorial control except when violations are directly brought to RxE2’s attention. RxE2 has the right to edit, delete, distort or move User Content from the Service without notice for any reason at any time.
Intellectual Property
RxE2 and its licensors own the Service, including all worldwide intellectual property rights in the Service and Content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Service or any Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of RxE2 or any third party.
By submitting or posting any Content, you grant RxE2 and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Service and/or Site (including to post such Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Service, while .
Content Restrictions
You agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Service and/or Site; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another User or otherwise misrepresents yourself in any manner (including creating multiple accounts or personas) whether to another User, to us, or otherwise; (d) infringes (or results in the infringement of) RxE2’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause RxE2 to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage RxE2 or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
Use Restrictions
The software and technology underlying the Service is the property of RxE2, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any Content; (b) modify the Service or insert any code or product, or manipulate the Service in any way, (c) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content; (d) use the Service and/or Content in connection with any commercial endeavors in any manner; (e) use any crawler, robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (f) harvest, collect or mine information about other Users of the Service and/or Site.
Copyright Infringement
RxE2 respects the intellectual property rights of others and expects its Users to do the same. RxE2 will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to Users at any time. We reserve the right to remove any Content without prior notice to you, any other User, or any third party.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Service infringes their rights. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright email rxe2@rxe2.com.
Disclaimers & Disclaimer of Warranty
Your use of the Service and/or Content is at your sole discretion and risk. The Service and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from RxE2. RXE2 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Service AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RXE2 DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Service AND/OR CONTENT; OR (II) THAT THE Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Service.
Content on the Service comes from a variety of sources, including from other Users of the Services. RxE2 attempts to be as accurate as possible. HOWEVER, RXE2 DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RXE2 IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. RXE2 CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. WE DO NOT WARRANT THAT ANY ADVICE OR CONSULTATION PROFERRED, MEDICAL OR OTHER, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU VIA THE SERVICE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content or information at any time without prior notice.
You understand that RxE2 is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the Service. Although Users must agree to these Terms, it is possible that other Users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against RxE2 with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any Content. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
No advice or information, whether oral or written, obtained by you from RxE2, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
RxE2 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. RxE2 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service and/or Site, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall RxE2 be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any Content posted on or through the Service, or from the conduct of any Users of the Service, whether online or offline.
IN NO EVENT SHALL RXE2 OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Service OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Service, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT RXE2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL RXE2’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO RXE2 FOR USE OF THE Service. IF YOU HAVE NOT MADE ANY PAYMENTS TO RXE2 FOR THE USE OF THE Service, THEN RXE2 SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
Indemnification
You agree to indemnify, defend, and hold harmless RxE2 and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service, including, without limitation, provision of services in connection with the Service) shall be in compliance with all applicable laws, regulations and guidelines.
Content Linked to by RxE2
Portions of the Service and/or Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Service and/or Site may also provide you with links to access the Sites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, RxE2 cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. RxE2 is not responsible for content or available by means of such sites. RxE2 does not endorse any products or offered by third parties and we urge our Users to exercise caution in using third-party sites.
Apple
These Terms are an agreement between you and RxE2. Apple has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability, that the App does not conform with applicable law or claims arising under consumer protection, privacy, or similar legislation. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to RxE2 and not to Apple. You may only use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. In the event the App fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third party beneficiary of these Terms with the right to enforce these Terms against you. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Miscellaneous
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against RxE2 must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and RxE2 or authorizes you to act on behalf of RxE2. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between RxE2 and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Service, but we cannot guarantee that anything available on the Service, or any records or information relating to the Service, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.