Mapi User Agreement
By using this website or portal or by executing a printed version of this document, each user confirms that he or she has read, understands and agrees to abide by the terms and conditions of this Mapi User Agreement ("User Agreement") and agrees that its terms are legally binding upon them.
Mapi's computer applications, systems, websites and portals are protected by copyright laws and contain trade secrets. They are licensed or provided for limited use (and not sold) to specific individuals. Mapi does not sell or transfer title to the application, system, website or portal (or the information contained within or on them) to you. Your license or right to use or access the application or portal is expressly dependent upon your strict adherence to the terms of this User Agreement.
As used in this User Agreement, "Mapi", "Company", "we", "us" or "our" refers to Mapi Développement SAS and each of its parent, subsidiary or affiliated entities, and employees, officers, and agents of such entities.
Mapi computer applications, systems, websites and portals, its computing resources and services, including access to public networks such as the Internet and to private networks under contract to Mapi (collectively, the "Site"), exist for the express purpose of conducting Company business.
In order to access and use the Site, all users ("User(s)", "you" or "your") are required to agree to the terms of this User Agreement. Secure, reliable and efficient operation of the Network depends on proper conduct by all users and strict compliance with the Company's policies, procedures and guidelines concerning its access and use. These policies, procedures and guidelines include the policies set forth in this agreement, those set forth in each any confidentiality agreement, any policies and procedures posted on websites through which the Site is accessed, and those other applicable Company policies which may be provided to or explained to the user by the user's Mapi coordinator.
In general, users must make efficient, ethical and legal use of the Site. Material violation of this User Agreement will result in appropriate action, which may include termination of the user's access to the Site, association with the Company (whether as employee, contractor, investigator on a study or registry, etc.), and/or legal action under any applicable laws.
A. ACCEPTABLE USE: All use of the Site, and all access to other private and public networks, shall be consistent with then-current Company policies. Use of external networks or computing resources shall comply with the rules appropriate for that network. Transmission of Mapi confidential information, trade secrets of any party, or information that violates any applicable law or regulation, over such networks is prohibited. Such laws and regulations include but are not limited to those governing trade secrets, trade and service marks, patented or copyrighted material, threatening or obscene material, and defamatory statements. If a user acts inappropriately through on-line communications, Mapi reserves the right to report such action to the proper authorities. Personal use of the Site, including without limitation through computing resources such as Internet access or electronic mail applications, in a manner or to an extent that interferes with Company operation or user work productivity is prohibited.
Prohibited uses of the Site include but are not limited to:
- Unauthorized use, destruction or impairment of the Site or any component thereof.
- Using the Site to gain unauthorized access to any other network or system.
- Attempting to circumvent data protection methods or algorithms, decrypt user passwords, access protected files, or uncover security loopholes.
- Using the Site for commercial activities, product advertisements that are not related to Mapi business, or for political, religious or other outside organization activity. (Appropriate use of authorized Company "discussion boards" is permissible).
- Discussing the business of the Company, its affiliates, or any of their competitors, their products or services, or personal information about Company employees with unauthorized third parties via an on-line discussion group or any other public electronic forum.
- Accessing any sexually oriented material, participation in sexually oriented "chat" activities, and message posting on sexually oriented news groups.
- Transmitting confidential information or trade secrets across the Internet (see Section D, below, concerning exchange of data).
- Downloading software from the Internet that is either (a) not an update of software procured by the Company and approved by Mapi's Information Technology Department ("IT"), (b) not directly related to the user's services to the Company, and/or (c) not approved and certified by IT for payment of applicable license fees.
- Knowingly or recklessly running or installing on any Company computer, or giving to another Site user, any program designed to damage or place an excessive load on any computer or other component connected to the Site. This includes viruses, worms, Trojan horses and other malware.
- Using electronic mail or other messaging to harass, threaten, defraud or otherwise harm another user. This includes sending repeated, unwanted electronic mail to another user.
- Except in specific "discussion board" areas permitted by IT, engaging in mass electronic mailings, such as multiple mailings to newsgroups, mailing lists or individuals, including but not limited to "spamming," "flooding," or "bombing."
- Forging, or attempting to forge, the identity of any user or device in any electronic communication, including but not limited to "spoofing."
- Displaying any obscene, lewd, or sexually harassing images or text, or transmitting any sexually, racially or ethnically abusive or harassing materials using the Site.
- Initiating, republishing or propagating electronic chain letters.
- Attempting to monitor or tamper with another user's electronic communications, or reading, copying, changing or deleting another user's files or software without the explicit and express agreement of the user.
B. PRIVILEGES: Use of the Site is a privilege, not a right. IT systems administrators may, for business or legal reasons, audit any user's portal account and usage. In addition, internal users may also be subject to audit of electronic mail, internet usage, server files, or computers.. Users shall cooperate with authorized Company employees in any such audit.
C. EXCHANGE OF DATA: Mapi may post or transmit information on the Site and Clients of Mapi, sponsors of certain clinical studies and registries and other persons or entities, may agree to Mapi's posting or transmission of study/registry-specific data, reports, newsletters and unpublished clinical documents. Users, and entities for which they are employed or contracted, are required to abide by all contractual confidentiality and proprietary requirements regarding the use and disclosure of information and data in any form on the Site. In general, no Mapi scientific or clinical data shall be transmitted over the Internet or otherwise used or disclosed by a User unless the same has been published in an abstract or journal, or specifically authorized for publication under the Company manuscript review and publication policy. Any exceptions must be authorized by a corporate officer of Mapi, or an authorized agent thereof.
D. ACCESS AND SECURITY: Maintaining the security of the Network is essential. All user access to the Network shall be via computers or other devices that have been approved by IT. Unauthorized access or use of another user's account is prohibited, as is unauthorized exchange or disclosure of user password(s). User passwords shall comply with then-current IT policy. Users shall notify IT of all security problems as soon as they are discovered. Any user identified as a security risk may be denied access to the Network.
E. VANDALISM: Vandalism shall result in denial or withdrawal of Site access privileges or other appropriate action. Vandalism is defined as any attempt to harm or destroy the Network or any component thereof, including but not limited to the prohibited acts set forth in A(3), (9), (11) or (15) above. To help protect the Site from viruses, all computers accessing the Site shall have updated virus detection program installed and in use at all times.
F. DATA PROTECTION: The data contained on the Site is a Company resource that must be protected. Internal users shall comply with all Company directives to back up any Company critical data located on their computers.
G. SOFTWARE USE AND LICENSE COMPLIANCE: It is Mapi's policy to license computer software from a variety of outside companies and to respect the intellectual and commercial property rights of such companies. Unless authorized under the applicable license agreement, users shall neither copy nor knowingly use unauthorized copies of computer software procured by and/or licensed to the Company ("Company Software"). Any unauthorized copying or use of Company Software may result in the initiation of disciplinary procedures up to and including termination of the user's association with the Company and/or legal action under applicable laws. Users shall use Company Software on local area networks ("LANs") or on individual computers only in accordance with the license agreement(s) applicable to such software. Software not procured by the Company and licensed to individual users may be used on Company systems provided that such use (a) is in accordance with the applicable license agreement(s), (b) does not violate any copyright law and (c) does not otherwise conflict with any other provision of this User Agreement. Any unauthorized use of software or related documentation within Mapi must be brought to the attention of IT.
H. USER-OWNED OR OPERATED COMPUTERS (I.E., NON COMPANY-OWNED COMPUTERS): Use of user-owned or operated computers for access to the Site may be permitted, subject to compatibility of the user-owned or operated computer with the Site. If the user is unable to successfully install the requisite software (if any) and/or implement access without assistance, the user will be responsible for contacting IT. Mapi has no obligation to re-configure the Site or the user-owned or operated computer or otherwise correct the issue that is responsible for keeping the user from accessing the Site.
I. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS: Each user agrees to the standard terms and conditions for the Company's computer applications, systems, websites and portals as described in detail below:
Mapi reserves the right, at its sole discretion, to change these legal notices from time to time, and your accessing the Site will be deemed to be your acceptance of and agreement to any revised notices. Because your continued use of the Site will mean you accept those changes, it is your responsibility to review the legal notices periodically.
- CONTENT DISCLAIMER. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.
- The contents of the Site, including but not limited to: text; graphics; images; and information obtained from Mapi, its licensors, suppliers, collaborators, partners, and any other third party with whom Mapi has an arrangement to provide content, services, or commerce to the Site (collectively, "Licensors and Suppliers") ("Content"), are for informational purposes only. Content is presented in summary form, is general in nature, and is not intended in any way to be a substitute for a medical exam or professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard or delay seeking medical advice because of something you have read on the Site. Talk to your doctor or pharmacist before taking any prescription or over-the-counter drugs (including any herbal medicines or supplements) or following any treatment or regimen. Only your doctor or pharmacist can provide you with advice regarding what is safe and effective for you. DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
- Mapi does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Mapi, its employees, Licensors and Suppliers, or others appearing on the Site at the invitation of Mapi is solely at your own risk. Mapi assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in materials accessed by you.
- Mapi staff may include physicians and other medical practitioners including without limitation pharmacists, nutritionists, nurses, nurse practitioners, and other health care professionals. These professionals are available solely to assist you in general research. They will not engage in any conduct via the Site that involves the practice of medicine.
- The Site, or the sites linked to through the Site, may contain health or medical related materials that you find sexually explicit or otherwise offensive. Mapi and Licensors and Suppliers have no control and no responsibility for such materials. You are responsible for compliance with the laws of your local jurisdiction with respect to accessing, importing, exporting, or re-exporting the Contents of the Site whether inside or outside your jurisdiction.
- The information contained on the Site has been devised without reference to cultural, dietary, societal, language, prescribing or dispensing conditions (including but not limited to those imposed by law), which might affect the Content.
- Mapi reserves the right to change or discontinue Content at any time.
- Mapi conducts clinical research, providing strategic study design and management, implementation, clinical data management, programming, and statistical support services to providers, manufacturers, and medical societies within the healthcare industry. Mapi is providing information via the Internet as a complimentary service to you, and makes no representations about the suitability or content of information or services provided on the Site or linked to from the Site. Any opinion expressed on a site linked to from the Site is the opinion of the author and not necessarily of Mapi.
- Mapi may alter features and specifications of its services at any time without notice.
- HOW YOU MAY USE OUR MATERIALS.
- The Content of this Site is protected by copyright under various laws. You may download, use, and copy the materials found on the Site for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright ("Copyright © [insert year material was downloaded, used or copied] by Mapi. All rights reserved."), trademark, or other proprietary notice located on the Site which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the services, processes, or technology described therein. All such rights are retained by Mapi and/or any third party owner of such rights.
- You may not create framed links to the Site without express written permission from Mapi.
- You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. None of the Content, including any software, may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold, or redistributed without the prior written consent of Mapi, except as described in 3(a).
- As a condition of your use of the Mapi Site and services, you will not use the Mapi Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mapi Site in any manner that could damage, disable, overburden, or impair any Mapi Site (or the network(s) connected to any Mapi Site) or interfere with any other party's use and enjoyment of any Mapi Site. You may not attempt to gain unauthorized access to any Mapi Site, other accounts, computer systems or networks connected to any Mapi Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Mapi Site. If you breach any of these terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Mapi also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these terms. If you are younger than 13 years of age, you are forbidden from using this Site without direct written parental consent.
- With respect to information obtained from Mapi's Licensors and Suppliers, you are solely responsible for compliance with any copyright, trademark, and other proprietary rights and restrictions.
- SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE.
- All Content and software (if any) that is made available to view and/or download in connection with the Site, excluding content and/or software that may be made available by end-users, ("Software") is owned by and is the copyrighted work of Mapi and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").
- You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
- Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, may be subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
- USE OF OUR MARKS.
The Mapi name and logo and all related product and service names, design marks, and slogans are the trademarks or service marks of Mapi. You are not authorized to use any Mapi name or mark in any advertising, publicity, or any other commercial manner without the prior written consent of Mapi.
- LINKS TO OTHER SITES.
- All product and service marks contained herein that are not Mapi marks are the trademarks of their respective owners. References that we make to any names, marks, products, or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.
- Mapi is not responsible for the content of any site linked to or from the Site or for any healthcare provider whose name, address, or telephone number is listed on a site linked to from the Site. Linking to any other site or contacting any healthcare provider whose contact information is found on a linked site is entirely at your own risk. While Mapi may provide links on this Site to other sites, the inclusion of such links is solely for your convenience and should not be interpreted as an endorsement of the owner/sponsor of the site, the content of the site, or the healthcare provider whose contact information is provided therein. Mapi does not exert any editorial or other control over other sites.
- Mapi disclaims all warranties, express and implied, as to the accuracy, validity, and legality of any materials or information contained in sites linked to or from the Site.
- CONTENT AND LIABILITY DISCLAIMER.
- In no event shall Mapi and/or Licensors and Suppliers be liable for any special, indirect, or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits from the inability to use data, whether in an action in contract, negligence, or other tortuous action, arising out of or in connection with the use of the Site or failure or inability to use or access the Site. If Mapi's disclaimer of warranties or limitation of liability set forth herein is held unenforceable or inapplicable, you agree that your sole remedy is to stop using the Site.
- Mapi may make improvements and/or changes in the products, services, and/or programs described in these materials at any time without notice. The materials on the Site are provided to you free of charge, "AS IS/AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MAPI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY MAPI SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MAPI SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Mapi does not make any warranty that the Content contained on the Site satisfies government regulations requiring disclosure of information on prescription drug or other products.
- These legal notices are governed by the internal substantive laws of the Commonwealth of Kentucky, United States. You expressly agree that sole and exclusive jurisdiction for any claim involving Mapi shall be in the appropriate state or federal court located in the Commonwealth of Kentucky, United States.
- The Site is operated from a site in the Commonwealth of Kentucky, United States of America. Mapi makes no representation that materials found at the Site are appropriate or available for use in other locations. If you access the Site from other locations, you are responsible for compliance with local laws.
- COPYRIGHT INFRINGEMENT CLAIMS.
If you believe that any portion of the material contained in the Site infringes your copyright, notify Mapi of your claim in accordance with the following procedure [insert link]. Mapi will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
K. ACKNOWLEDGEMENT: As a condition of the privilege to use the Site, I understand and agree with the following:
- I have read, understand and shall abide by the terms of this User Agreement. I further understand that any violation of the terms, conditions and restrictions contained herein contravenes Company policy and may constitute a civil or criminal offense and/or give rise to other personal liability. Should I commit any violation, I understand that my access privileges to the Site may be denied or withdrawn, my association with the Company terminated, the Company or other parties may seek civil recourse, and/or the proper authorities may be notified.
- I further understand that IT may audit any information stored on the Site or any Company-owned computer used to access the Site to determine its appropriateness to Mapi business. I hereby waive any right or claim of privacy and any other property or personal rights or claims that I may otherwise have in any files or data maintained on the Site or any Company-owned computer.
- I further understand that Mapi shall not be liable for any direct, indirect, incidental, or consequential damages arising from or related to my use of the Network.
- Mapi reserves the right to change or modify its policies, procedures and guidelines at any time. Any such changes or modification shall be effective upon written notice to all users.
- I have read and understand the restrictions and guidelines outlined for access to the Site. Furthermore, I understand that misuse of access to the Site may result in appropriate action, and that access to the Site may be terminated at any time.
- These terms and conditions, and any amendments hereof, constitute the complete agreement between you and Mapi with respect to use of the Site.