This Terms of Service agreement is effective as of December 2023.
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You” or with “Your”) AND SARKIS CLINICAL TRIALS, referenced herein as “SCT") THAT APPLIES EACH TIME YOU USE OR ACCESS OUR WEBSITES LOCATED AT:
SARKISCLINICALTRIALS.COM AND SARKISFAMILYPSYCHIATRY.COM
OR ANY MOBILE OPTIMIZED OR SOCIAL MEDIA PAGE VERSION THEREOF (referenced herein as the “Site”).
YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (“TOS”) AS THEY GOVERN YOUR USE OF THE SITE.
1. License Grant.
This TOS provides to You a personal, revocable, non-commercial, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Site conditioned on Your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from the Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy (in any way, including scraping), distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site.
3. User Obligations.
You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will provide lawful and accurate information. Individuals under the age of eighteen (18) (or the legal age of majority) may utilize the Site only with the involvement and acceptance of this TOS by a parent or legal guardian and then solely under such parent or legal guardian’s supervision. In addition, You agree to abide by all applicable local, state, territorial, provincial, national, and international laws and regulations with respect to Your use of the Site. You access the Site on Your own volition.
4. Proprietary Rights.
This TOS provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that SCT transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. Except as expressly provided herein, SCT does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights.
All rights reserved. SCT also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. “Sarkis Clinical Trials” and all other names, designs, logos, and icons identifying SCT and its programs, events, solutions, or services are proprietary trademarks of SCT, and any use of such marks, including, without limitation, as domain names, without the express written permission of SCT is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
SCT welcomes Your feedback and suggestions about SCT, SCT services, or how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback “) to SCT, You represent and warrant that You own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, when You submit Feedback, You irrevocably assign all right, title and interest in the Feedback to SCT; and waive in favor of SCT, its successors and assigns any and all moral rights that You have or may have in the Feedback and agree to provide SCT such assistance as it may require to document, perfect, and maintain SCT’s rights to the Feedback. Without limiting SCT’s ownership rights to the Feedback described in this paragraph, You also agree that SCT may use such Feedback in any manner and in any medium.
Occasionally, the Site may offer users the ability to post content or otherwise communicate or submit materials such as comments, remarks, responses, suggestions, or other information (referenced herein as a “Submission(s)“). Any Submission or Message You provide should reflect Your own honest opinions, findings, beliefs or experience. Personal medical information is often highly sensitive information. As such, SCT asks that You be very careful in Your selection of what information You choose to include in Your Submissions or Messages. You also agree that You will not upload, post, display, transmit or otherwise send any of the following in any Submissions or Messages:
statements or material that defames, harasses, abuses, stalks, threatens, discriminates, intimidates, or in any way violates the rights of others;
unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of SCT;
statements or material that misrepresents Your affiliation with any entity and/or SCT;
anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any medical information or other personally identifying information of another individual;
statements or materials that are unlawful;
statements or material that constitutes junk mail, spam, or unsolicited or unauthorized commercial electronic messages, advertising or promotional materials;
statements or material that are “off-topic”; or
files that contain malicious code, viruses, or any other similar software or programs that may harm or damage another’s computer, network, or the Site.
By sending a Message, You represent and warrant that You have all necessary rights to send the content of the Message and the consent of the recipient to that Message. You acknowledge and agree that You, and not SCT, are the sender of such Message, and SCT acts merely as a delivery agent on Your behalf.
Accordingly, notwithstanding this right and license, it is understood that by merely permitting Your Submission to be collected through or appear on the Site, SCT has not become and is not necessarily a publisher of Your Submission and is merely functioning as an intermediary to enable You to provide and display Your Submission
8.No Pre-Screening of Submissions or Messages.
SCT is not responsible for screening or editing Your Submissions or Messages and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission or Message. SCT does not endorse, oppose, or edit any opinion or information provided by You or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other user.
SCT reserves the right to delete or take other action with respect to Submissions (or parts thereof) or Messages that SCT believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to SCT or its affiliates, volunteers, services, or goodwill. If You become aware of a Submission or Message that violates these rules regarding acceptable behavior or content, You may contact SCT as provided below.
9. Copyright; Designated Agent for Notification of Claims of Infringement
SCT respects the intellectual property of others and asks its users to do the same. Accordingly, it is SCT’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and particularly the Digital Millennium Copyright Act (the “DMCA”). Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating any rights to access and use the Site. If You believe that one or more of Your works have been copied in a way that constitutes copyright infringement, please provide a written notice of Your claim of copyright infringement that is directed to SCT’s Designated Agent as specified below along with the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description, in reasonable detail (including any applicable URL address), of the copyrighted work that You claim has been infringed;
A description, in reasonable detail, of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your written notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Sarkis Clinical Trials
611 NW 60th Street, Suite C, Gainesville, Florida 32607
Counter notification, as permitted by applicable law and, in particular, the DMCA, may be sent to the SCT’s Designated Agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures. If You fail to comply with the requirements above, Your notice may not be effective. Please be aware that if You knowingly misrepresent that material or activity on this Site is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
10. Links to Other Websites.
SCT may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, opportunities, products, and/or services and to provide access to the social media network groups with which SCT participates. These sites, and especially any social media network group, are maintained by third parties over which SCT exercises no control. Accordingly, SCT expressly disclaims any responsibility whatsoever for the content on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
11. Other Terms and Conditions.
Additional notices, terms, and conditions apply to certain aspects of the Site, including, but not limited to, the purchase of merchandise. You agree to abide by such other notices, terms, and conditions as applicable.
12. No Medical Advice.
NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION THEREIN, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
SOME JURISDICTIONS (DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SARKIS CLINICAL TRIALS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.IF YOU USE THE SITE TO CONNECT WITH ANY THIRD PARTY, YOUR CORRESPONDENCE AND/OR ENSUING RELATIONSHIP ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. SARKIS CLINICAL TRIALS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST SARKIS CLINICAL TRIALS ARISING FROM OR IN RELATION TO YOUR RELATIONSHIP WITH ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO 1) ANY INTERACTIONS (INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE OR OPINIONS) OR 2) RECEIPT OF ANY SERVICES (INCLUDING, BUT NOT LIMITED TO MEDICAL TREATMENT OR PARTICIPATION IN CLINICAL TRIALS).
THE INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SARKIS CLINICAL TRIALS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AND CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE OF THE U.S. SARKIS CLINICAL TRIALS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS.
14. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCT, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONNECTION WITH (A) YOUR USE OF THIS WEBSITE, THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE, OR ANY LINKED WEBSITE; (B) THE USE OR THE INABILITY TO USE THE WEBSITE OR SCT’S SERVICES, OR THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE. IN ADDITION, TOTAL LIABILITY OF SCT FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED $100 (US).
15. Governing Law.
Except where prohibited by law, this TOS shall be construed and enforced in accordance with the laws of the State of Florida without regard to the choice of law principles thereof.
16. Enforcing Security on the Site.
SCT wishes to keep the Site as a safe and productive resource. You therefore may not use the Site or any of SCT’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. In order to maintain security, SCT reserves the right to view, monitor, and/or record activity on the Site. Such recorded activity is subject to review by law enforcement organizations. SCT will also comply with all court orders or subpoenas involving requests for information to the extent it is required to comply under applicable law. SCT reserves the right at any time when warranted to suspend or terminate operation of or access to the Site or any portion of the Site.
17. Injunctive Relief.
You agree that SCT shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOS. Accordingly, You hereby waive any requirement that SCT post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to SCT to enforce any provision of this TOS.
18. Term & Termination.
This TOS will take effect (or re-take effect) at the moment You indicate (e.g., check the box certifying) that You agree to abide by the terms and conditions of the Site, register, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever action is earliest. SCT reserves the right at any time and on reasonable grounds to deny Your access to the Site or to any portion thereof and this TOS will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below, and each re-access or use of the Site will reapply this TOS (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in Your possession. The provisions concerning Submissions, SCT’ proprietary rights, Feedback, disclaimers, limitations of liability, governing law, waiver and severability, and injunctive relief will survive the termination of this TOS for any reason.
19. Waiver & Severability.
20. Not Intended for Children.
You represent that you are of legal age to form a binding contract and are not a person barred from using this Website under the laws of the United States or other applicable jurisdiction.
21. Entire Agreement.
No joint venture, partnership, employment, affiliate, or agency relationship exists between You and SCT as a result of this TOS or Your utilization of the Site. This TOS represents the entire agreement between You and SCT with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and SCT with respect to the Site. You may not assign or transfer any rights under this TOS without the prior written consent of SCT. Except where restricted by law, please note that SARKIS CLINICAL TRIALS reserves the right to change the terms and conditions of this TOS by posting a revised TOS or mailing and/or e-mailing notice thereof to You. In addition, SARKIS CLINICAL TRIALS may add, modify, or delete any aspect, program, or feature of the Site, but SARKIS CLINICAL TRIALS is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review this TOS on a periodic basis.
If you have any questions or comments regarding this TOS please contact us at info@Sarkis Clinical Trials.org.