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Welcome to www.succeedtrial.com (the "Site") a Web site provided on behalf of ARIAD Pharmaceuticals, Inc. ("ARIAD," "we," "us," or "our"). These Terms of Use, as updated from time to time, govern your use of this Site. You should carefully read the Terms of Use before using the Site. You can review the most current version of the Terms of Use at any time at www.succeedtrial.com. By using the Site, you are indicating that (a) you are at least eighteen (18) years old and have the legal authority to accept the Terms of Use, or (b) you are a parent/guardian of a minor ("Minor User") on whose behalf you agree to these Terms of Use and grant permission for such Minor User to use and view this Site and its Content and Services (as defined below).
Minor Users are not authorized to use the Site, Content, or Services without the permission of their parent or guardian. Minor Users under the age of thirteen (13) years are required to provide the name and contact information of a parent or guardian so that ARIAD may obtain the consent of such parent or guardian for such Minor Users. ARIAD reserves the right to make all or portions of the Site, Content, or Services unavailable to Minor Users.
This is a legally binding agreement. If you do not agree with the Terms of Use, you are not authorized to use the Site.
The Site may provide certain content (including, without limitation, documents, marketing materials, text, graphics, and images) and services that ARIAD may change or update from time to time (the "Content" and "Services," respectively). This Site contains information that was believed current as of the date of inclusion in the Site. While we may periodically update or correct information in this Site, WE MAKE NO REPRESENTATION OR WARRANTY AS TO ITS ACCURACY, AND WE DO NOT INTEND TO UPDATE SUCH INFORMATION.
Your privacy is important to us. You may learn more about the information we may collect about you, the uses we may make of your information, and the security measures we take to protect your information, by reviewing our Privacy Policy. Your use of this Site indicates that you have read and agreed to the Privacy Policy.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE SITE, CONTENT, AND SERVICES DO NOT PROVIDE ANY FORM OF MEDICAL ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THE SITE AND CONTENT ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A PHYSICIAN PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY ARIAD OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, CONSULTANTS, OR SERVICE PROVIDERS. The Site is not meant to be a substitute for a healthcare professional's clinical judgment. The determination of the need for medical services and the types of health care to provide a patient are decisions that should be made only by a physician or other licensed healthcare provider. ARIAD does not provide medical advice, and the Site and its Content do not provide a diagnosis or other recommendation for treatment and are not a substitute for professional judgment of a healthcare professional in diagnosis and treatment of any person. Never disregard medical advice or delay seeking such advice because of something you read on the Site. Always seek the advice of a physician or other qualified healthcare professional with any questions you have regarding a medical condition. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER, AND/OR YOUR PERSONAL PHYSICIAN.
ARIAD offers no warranty or guarantee related to this Content. We are not liable for any damages resulting from your use of the information on the Site.
Your use of this Site and any linked sites is at your own risk. Neither we nor any other party involved in creating, producing, or delivering this Site shall be subject to rights of rescission or liability for any general, direct, indirect, incidental, consequential, or punitive damages arising out of your reliance on information contained in or accessed at this Site or your access to, or use of, this Site or any linked sites. This specifically includes damage due to viruses that may infect your computer equipment.
WITHOUT LIMITING THE FOREGOING, THE SITE, CONTENT, AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, MATERIALITY, CURRENCY, COMPLETENESS, LEGAL OR GOVERNMENTAL COMPLIANCE, OR RELIABILITY OF THE SITE, CONTENT, OR SERVICES. ARIAD MAKES NO WARRANTIES THAT THE SITE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE RESULTS OBTAINED BY USE OF THE SITE, CONTENT, OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU ARE RESPONSIBLE FOR CONTEMPORANEOUSLY AND INDEPENDENTLY VERIFYING ANY INFORMATION CONTAINED IN THIS SITE BEFORE RELYING ON IT. WE FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. ARIAD EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE ACTIONS OF ANY INVESTIGATOR, PRACTITIONER, OR OTHER USER OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARIAD SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF ARIAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO: (A) ERRORS IN OR OMISSIONS FROM THIS SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, TECHNICAL INACCURACIES, AND CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SITE; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF OR THE COST OR PROCUREMENT OF ANY SUBSTITUTE SITE OR SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN; (D) YOUR USE OF AND ACCESS TO THE SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE; (F) ANY DIAGNOSIS OR TREATMENT MADE AFTER REVIEWING THIS SITE; (G) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE; OR (H) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.
If you are an investigator or a healthcare professional you may not provide ARIAD any protected health information.
Access to portions of this Site requires a username and password. ARIAD Pharmaceuticals, Inc. will provide SUCCEED investigators with a username and temporary password via e-mail. The first time you log in, you will be prompted to personalize your password for future access to the Site. The username and password provided are for your use only and are not transferrable.
You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify ARIAD in the event that (i) your password is lost or stolen, (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site, or (iii) you receive a login and password that belong to another person.
ARIAD is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at ARIAD's sole discretion, in cancellation of your password and other remedies, and ARIAD shall have no liability to you.
This Site contains links to other Web sites maintained by other companies. We provide these links to you only as a convenience. ARIAD cannot ensure that all external links are active or remain appropriate. The inclusion of any link does not imply endorsement by us of any third party site. We do not have any control over the content of such third party sites and assume no responsibility whatsoever for the accuracy on any information contained on such third party sites. Your use of any linked site is solely at your own risk. In addition, you should be aware that your use of any linked site is subject to the Terms of Use applicable to that site.
Links to any documents published by us on this Site should be made to the home page only, without deleting any of the frames nor the URL address.
By using the Site, you agree to respect ARIAD's and third parties' rights with respect to the content and agree not to download, e-mail, or otherwise transmit such content in violation of ARIAD's or third parties' rights. You agree to use the Site solely to accommodate your own personal needs. You agree not to use the Site or content to (i) provide any commercial services to third parties; (ii) use the Site or content for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government; (iii) collect or store data with respect to ARIAD or third parties except as contemplated by the Terms & Conditions; (iv) directly or indirectly, intentionally disrupt or interfere with the Site or content in any manner that may materially adversely affect ARIAD or any third party, including, without limitation, by taking any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of ARIAD's systems or content; (v) upload, e-mail, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or (vi) upload, e-mail, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, criminal, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.
Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of ARIAD or third parties.
The Site and its Content are owned by ARIAD, Merck & Co., Inc., and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners.
The content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of ARIAD, except that, subject to your compliance with the Terms of Use, ARIAD authorizes you to view or download a single copy of the content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of content for any other purpose is a violation of the rights of ARIAD, Merck, or third parties.
ARIAD is a trademark of ARIAD Pharmaceuticals, Inc. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of ARIAD or the owner of such mark.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby release and forever discharge ARIAD and its respective officers, directors, shareholders, employees, and agents, of and from all actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, guarantees, claims, and demands whatsoever that you had, now have or hereafter can, shall, or may have of or by an reason of or in any way arising out of any cause, matter, or thing whatsoever existing up to the present time and, in particular, without in any way limiting the generality of the foregoing, for and by reason of or in any way arising out of your use of the Site, Content, or Services or your violation of these Terms & Conditions. You agree to hold harmless and indemnify ARIAD and its affiliates, and each of their officers, directors, employees, and agents from and against any and all third party claims, demands, proceedings, and any losses, liabilities, damages, costs, payments, and expenses, including reasonable attorneys' fees, costs, and expenses arising out of, directly or indirectly, your use of the Site, Content, or Services including, without limitation (a) any unlawful use of the Site, and/or (b) any use of the Site that violates the Terms & Conditions.
This Agreement and the relationship between the you and ARIAD will be governed by the laws of The Commonwealth of Massachusetts, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and ARIAD will rest exclusively in the state or federal courts located in Suffolk County, Massachusetts.
You may contact ARIAD as follows:
E-mail: ClinicialTrials@ARIAD.com
Phone: US toll-free 1-877-621-2302
Mail: ARIAD Pharmaceuticals, Inc.
26 Landsdowne Street
Cambridge, Massachusetts 02139-4234
We may change the Site and/or the Terms of Use from time to time. If a change to the Terms of Use is made, we will post the revised Terms of Use on the Site. You are bound by any such revisions and should therefore visit this Terms of Use section each time you access this Site to review the then-current conditions applicable to your use at that time.
The Terms of Use constitute the entire agreement between and by you and ARIAD relating to the Site and content. There is no agency, partnership, joint venture, employee-employer, or physician-patient relationship between any user, including, without limitation, you, and ARIAD arising solely through the use of the Site. The Terms of Use are binding upon your successors, assigns, heirs, and executors. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. The failure of ARIAD to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content, or the Terms of Use must be filed within one year after such claim or cause of action arose. The section titles of the Terms of Use are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITE.
The SUCCEED trial Web site is intended for US residents only. It is intended for Investigators, Healthcare Professionals, and Patients and Caregivers. The use of deforolimus (AP23573, MK-8669) is limited to investigational trials. There is no guarantee that its use will be approved by the US Food and Drug Administration.
This site is brought to you by ARIAD Pharmaceuticals, Inc. and Merck & Co., Inc.
© 2008 ARIAD Pharmaceuticals, Inc.
Copyright © 2008 Merck & Co., Inc. All rights reserved.
