



Terms of UseGeneral considerationsThese terms of Use were last updated on August 18, 2009 Acceptance of AgreementBy using this website, you agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement" or "Terms") with respect to our site ("Site" or "Website"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us with specific notice to you by email or announcement on the Site. To see amendments, please see "Updates of Terms of Use". DefinitionsThe following terminology is used in the rest of the document: The term "DeciBio" or "us" or "we" or "our" refers to DeciBio, LLC (a DE corporation) the owner of the Site. The term "you" refers to the user or viewer of our site and services, as a collaborator or customer. The term "Expert" or "Key Opinion Leader" (KOL) shall have its normal meaning as understood in the English language, and without limitation on such meaning, refers to and includes any individual with a high degree of expertise in a specific area The term "Client" or "Customer" refers to any individual or organization seeking information on specific healthcare markets, for themselves or for others. Associates, Consultants, Partners, Investors in need of information on the healthcare industry are all examples of Clients or Customers; however, the term here includes anyone who uses our services. The term "DeciBio community" refers to "us" and all of "you", the users of our Site. As a DeciBio Client or Customer, you will abide by the Refund Policy outlined in the Refund Policy and consider decision made by DeciBio to be final. Updates of Terms of UseWe reserve the right to amend these Terms from time to time at our discretion as outlined in Updates of Terms of Use. It is your responsibility periodically to review this page for updates to these Terms which shall come into effect once posted. Your continued use of the Site constitutes automatic acceptance of these Terms including our Privacy Policy. You may only amend these Terms as they apply to you with a document signed by both of us. Any material change to this agreement will be communicated on top of this page, as well as our website homepage for a minimum of 1 week or emailed to you immediately following the update. CollaboratorsCollaborators Using DeciBioAs a collaborator registered with DeciBio, you agree that:
If you are in a state, locale, or country where any form of market research services requires a license or other form of governmental permission, you shall not use this site or act as an expert until such license and permission is obtained Verification of Scientific CollaboratorsDeciBio LLC does not hire or employ collaborators. Collaborators are independent contractors. We explore the accuracy or legitimacy of the information provided by collaborators by reviewing their academic and other credentials. Additional Restrictions for collaboratorsTo the extent not covered above, you agree not to:
Commission PolicyJoining DeciBio, browsing for reports and listing services is free. We charge collaborators a maximum commission of 30% on every completed transaction for using the site. DeciBio may choose to temporarily change the fees for our services for promotional events (e.g., discounts) or new services, and such changes are effective when DeciBio posts the temporary promotional event or new service. Unless otherwise stated, all commission fees are quoted in U.S. Dollars. Abuse of DeciBioThe content of the profile pages is the responsibility of the collaborator; collaborators using DeciBio are required to abide by DeciBio policies. However, DeciBio and its community of collaborators and other interested organizations, work together to ensure that the site works properly and that the information contained in reports is accurate and insightful. If you notice problems, incorrect content, please report it to us. We will conduct an investigation, and take remedial actions, including but not limited to, terminating collaborator accounts, prohibiting access to our website, removing reports, taking technical and legal measures, to maintain the outmost quality of reports on the Site. CustomersPermitted use and limitations on useAs a client searching for a report using DeciBio, you agree that:
You may print a single copy of the material downloaded on this site. This material is for your use only, or for use for a unique client of yours. You may not republish or distribute any report, material or do anything else with the report or material, which is not specifically permitted in this agreement. DeciBio Refund PolicyPlease be sure to carefully read the report title, abstract, keywords and table of content before placing your order. If the title, abstract, keyword or table of content misrepresent any of the information contained in the report, you may be reimbursed in full. Please note that given the nature of the information in the reports, we will not offer refund if you disagree with the content and opinions stated in the reports. If you have doubts or questions about a report's content or relevance, please contact us at report@decibio.com or using the contact us tab [HYPERLINK] before placing your order. Customer ResponsibilityYou should always verify the information set out in the report with independent triangulation points before acting or relying on it. The material and information within reports is for informational purpose only. Our content is scanned for virus and malware periodically. Nonetheless, it is your responsibility to use virus-checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agree to, our Privacy Statement and the uses, which we may make of such information. Many hyperlinks on DeciBio.com direct users to third party sites not necessarily under our control. These links are provided as a convenience. We deny all responsibility for content not under our control. DeciBio is not and will not be a party to any contract or transactions between the user and any third party, whether or not that third party's site is mentioned or present on our site. Anti-hacking provisionAs a DeciBio user, you agree not to:
Limitations of LiabilityUsers access and use our report and material at their own risk. Our service is provided "as is" and "as available" DeciBio LLC aims to establish a Site that offer highly quantitative market reports. Given the nature of these reports, we cannot guarantee that their information is either current, accurate or complete. Should you be dissatisfied with the content of the reports, please refer to our refund policy. Should you still be dissatisfied, your sole solution is to stop using our services. DeciBio will not compensate you any damage. To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for and in no event shall we be liable for any losses, costs or damages, injuries of any sort (direct, indirect, consequential, punitive, exemplary or otherwise) suffered by you or by anyone using this site or for any loss of profits or revenue, regardless of whether we knew or should have known of the possibility of such damages or loss of profits or revenue, as a result of or in any way relating to your use of this site or any content posted by users hereof, or from any computer virus transmitted through the site, or other sites accessed from this site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the site exceed, in the aggregate, the total fee of the report. Our contracts with certain of our suppliers may provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of our Site caused by our supplier's performance or lack of performance of the maintenance work to keep the Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and/or networks external to our website. The limitations of liability provided in these terms inure to our benefit and the benefit of, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Other considerations for all usersYour Obligations as to Material Appearing on Our WebsiteThese obligations relate to material and/or Content created by or for us, hereafter "Our Content." Rights - all rights in all material and Our Content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. Intellectual Property - We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest, consent to use, right to register or license to any such intellectual property you may access on the Site or any intellectual property of our affiliates or subsidiaries. Except as provided in these Terms any use or reproduction of the intellectual property is prohibited. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to any information, concepts, ideas or content of this website. Certain parts of our Content may be licensed from time to time from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notices or legends contained on this website or its content. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Our Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Service Marks"DeciBio.com", "DeciBio", "DeciBio, LLC" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. Limited License; Permitted UsesYou are granted a non-exclusive, non-transferable, revocable license to:
Restrictions and Prohibitions on UseYour license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use. Clients may not:
IndemnityWe reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable governmental agencies. As a client or collaborator, you will indemnify us against all loss, damages or costs incurred in connection with any claim against us which relates to your services. All users of this site will indemnify us against any loss, damage or cost incurred by us arising out of or relating to any your use of this Site, any of its services or any information accessible over or through this Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or regulation or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, violation of rights of publicity, false light, false advertising, violation of trade secrets, breach of confidence, unfair competition, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend, with counsel of our choice and to control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses. Restriction, Suspension, TerminationWe may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which we may have against you in respect of your breach of these Terms. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms. Entire AgreementThese Terms and Conditions, including our Privacy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. Choice of LawOur site can be accessed from all 50 states in the United States of America, as well as from other countries around the world. Each of these places has laws that may differ from those of the state of or country that you are located in. By accessing , you agree that these Terms and your use of the this Site shall be governed in all respects by the internal substantive laws of the State of Delaware, United States of America, without regard to conflict of laws provisions. We make no representation that materials on our Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with local laws. To the extent that software is accessible through this site, such software may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national or one any such country or on any such list.. Disputes and JurisdictionAny controversy or claim brought by you against us arising out of or relating to these terms or this site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Austin Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Alternatively, we may in our sole and absolute discretion commence a law suit regarding such controversy or claim in the Federal District Court in the city of Austin, Texas. You hereby agree to the jurisdiction and venue of such court with respect to such suit and waive any objections to such jurisdiction and/or venue of such court. You further agree that the breach by you of any of we will be entitled to a preliminary injunction or temporary restraining order to prevent the continuance of such Our RelationshipNo agency, partnership, joint venture, employee-employer or franchisor-franchisee between you and us. These Terms are an agreement between you and us and are not intended to be for the benefit of any third party. NoticeExcept as explicitly stated otherwise or required by law, you shall provide any notices relating to these Terms by email to us at the contact information provided in the Contact section of our Site. |
