Terms of Service

Introduction (what is this?)

Welcome to myClin, We maintain this site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of service. Please review them carefully. If you do not agree to these terms, you should not use this site.

Acceptance of terms (when to agree)

By clicking the “I Agree” button displayed as part of the registration process, you agree to the following terms and conditions between you and myClin (“myClin,” “we,” or “us”), the operator of www.myclin.com (the “Site”), governing the use of myClin’s online service (the “Service”). We may update this Agreement from time to time and if we do so, the changes will be posted on this page together with the date of last revision. By signing up to use the Service, you signify your binding acceptance of the Agreement and you represent that you are of legal age to form a binding contract. The Agreement includes, but is not limited to, myClin’s privacy and security policies. If you do not agree with these terms and conditions, now or in the future, you may not use the Service.

Privacy policy (how we protect your information)

myClin adheres to the HIPAA Privacy and Security Rules issued by the U.S. Department of Health and Human Services, as well as the EU Safe Harbor Principles published by the U.S. Department of Commerce. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using the Service, you consent to the terms of our Privacy Policy and agree to have the data you submit to the Site transferred and processed in the United States of America.

Description of service (what we provide)

myClin will provide you with use of the Service via the Site, located at myclin.com, including web user interface, data encryption, transmission and storage. We may, from time to time, add new services and features to the Services. These new services and features will be included on the Site, and the use of new services will be governed by this Agreement. You are required to provide your own computer Internet connectivity, browser and any peripherals.

Account security (don’t share your user ID)

A valid, working e-mail address and password are required to create a login ID (“myClinID”) to use the Service. In connection with registering for and using the Service you agree to provide accurate, current and complete information about you as prompted by the online registration forms and 1) to strictly maintain the confidentiality of your password and other information related to the security of your myClinID, 2) to be fully responsible for all use of your myClindID and for any actions that take place through your myClinID, 3) that any damages or losses that may be incurred or suffered as a result of you or your failure to maintain the strict confidentiality of your password are not the responsibility of myClin and 4) to promptly notify us in writing of any need to deactivate your myClinID due to security concerns. You shall not impersonate another myClin user or provide false identify information in order to gain access or use the Service and you agree to promptly notify us of any suspected breaches of security.

We keep track of all entries, updates, and corrections of patient records in compliance with regulations protecting 1) the privacy and security of Protected Health Information (“PHI”) as defined in the HIPAA Privacy Rule, 2) the privacy and security of “sensitive personal information” as defined in the EU Safe Harbor and 3) the integrity and confidentiality of clinical trial data and, therefore, your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for all activity occurring under your myClinID and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of those related to data privacy, international communications and the transmission of technical or personal data.

Account information and data (you own your data)

myClin does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not myClin, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and right to use of all Customer Data, and myClin shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. We reserve the right to withhold, remove and/or discard Customer Data without notice for any breach without limitation. Upon termination for cause, your right to access or use Customer Data immediately ceases, and we shall have no obligation to maintain or forward any Customer Data.

Your responsibilities (don’t abuse the site)

You may use this Service only for your own lawful business purposes. You may not use this Service in any manner that could damage, disable, overburden or impair our servers or networks or interfere with another party’s use of the Service. You shall not post any content on the Site that will violate or infringe on the rights of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights) and that such content shall not contain libelous, defamatory, or otherwise unlawful material.

You agree not to 1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; 2) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs; 3) attempt to gain unauthorized access to the Service or its related sytems or networks; 4) copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Service; 5) remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Service; 6) reverse engineer or access the Service in order to build a competitive product or service or to build a product using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service.

Term and termination (how to quit)

The term of this Agreement commences when you click the “I Agree” button and is indefinite. You may terminate this Agreement at any time by providing myClin with notice of termination in accordance with the instructions on the Site. myClin may prevent your access to any content therein at any time after termination of your account. myClin, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement.

Patient information and legal compliance (you are responsible for patient data)

Use of the service enables you to transmit, store, review, and update confidential patient information (“Patient Information”). Local, state, national and foreign laws, treaties, and regulations; the ethical requirements of the medical profession; and the confidentiality requirements of organizations that sponsor clinical trials may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, storage and access to the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws.

You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit and view the Patient Information you transmit, store, or retrieve in connection with use of the Service. You agree that myClin’s licensors and licensees, and all other persons or entities involved in the operation of the Service, have no right to monitor, retrieve, store, review and use Patient Information. myClin cannot and does not assume any responsibility for your use or misuse of Patient Information or other information transmitted, monitored, stored or received while using the Service. In the event this Agreement is terminated (other than by reason of your breach), we will make available to you a file of the Patient Information within 30 days of termination if you so request at the time of termination. We reserve the right to withhold, remove and/or discard Patient Information without notice for any breach. Upon termination for cause, your right to access or use Patient Information ceases, and we shall have no obligation to maintain or forward any Patient Information.

Intellectual property ownership (we own the site)

myClin is the sole owner of all right, title and interest, including all related intellectual property rights, in and to the myClin Service and technology and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the technology, the myClin logo, or the intellectual property rights owned by myClin. The myClin name, the myClin logo, and the product names associated with the Service are trademarks of myClin or third parties, and you are granted no license or right to use them.

Third party interactions (other people are on here too)

During your use of the Service, you may enter into correspondence with, or use services from, other myClin account holders, including people at other investigator sites, clinical research organizations, providers of laboratory and e-clinical services, sponsors of clinical trials and others. myClin shall have no liability, obligation or responsibility for any such correspondence or agreements between you and any such third party.

Links to other web sites (we only monitor myclin.com)

myClin does not endorse third party web sites that may be included on the Site. These links are provided to you only as a matter of convenience and in no event shall myClin be responsible for any content, accuracy, products, opinions or other materials on or available from such sites. Third party web sites are neither investigated nor monitored by us and inclusion on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third party sites, you do so at your own risk.

Representations and warranties (what we guarantee)

myClin represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provisions thereof and that the Service will perform substantially in accordance with these standards under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access the Service.

Indemnification (sticking up for each other)

You agree to indemnify and hold myClin, its directors, employees, and agents harmless from and against any and all liability, loss, claim and expense, including reasonable attorney’s fees arising out of or in connection with your access to the Site, your use of the Service, your interactions with other users of this Service, or the violation of this Agreement by you or any third party. myClin shall have no indemnification obligation to you, and you shall indemnify myClin, pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware, or business process(es). The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

Disclaimers (nothing else implied)

The Service and all content is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights are hereby disclaimed to the maximum extent permitted by applicable law by myClin.

Internet delays (things we can’t control)

The myClin Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. myClin is not responsible for any delays, delivery failures, or other such damage resulting from such problems.

Limitation on liability (what we are liable for)

In no event shall either party’s aggregate liability exceed the amounts actually paid, if any, by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with, this Service, including but not limited to the use of or inability to use the Service, or for any content obtained from or through the Service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are sought has previously been advised of the possibility of such damages.

Assignment (you can’t sell your user ID)

This Agreement may not be assigned by you without the prior written approval of myClin but may be assigned without your consent by myClin to 1) a parent or subsidiary, 2) an acquirer of assets, or 3) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of myClin owning or controlling, directly or indirectly, 50% or more of you shall entitle myClin to terminate this Agreement for cause immediately upon written notice.

Governing law, venue, and jurisdiction (how and where we settle legal issues)

This Agreement shall be deemed to be entered into in the Commonwealth of Pennsylvania, USA. Any claim or dispute that may arise between you and myClin shall be resolved by a federal or state court of competent jurisdiction located in the Commonwealth of Pennsylvania, USA.

If you have any further questions regarding this Agreement, or wish to obtain additional information, please contact us at info@myclin.com.

Last updated on 27-May-2010.