Terms of Use

Please Note: These Terms of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability. Please review these Terms of Use in their entirety.

 

These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”, “Client”) and DWMRC Holdings, Inc. d/b/a Medical Research Consultants (“MRC,” “we,” “us,” “our”), regarding your use of this WiseRetrieve.com web site (“Web Site”, “Site”) and your access to the content and Products (defined below) or Services (defined below) available on the Web Site.

 

You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein.

 

1. AGREEMENT TO TERMS OF USE.
By using the Web Site, you agree to these Terms of Use as amended from time to time. Furthermore, when you access the Web Site, you specifically acknowledge your agreement with the most current version of these Terms of Use. The failure to include a specific acknowledgment at any point on the Web Site shall not be construed to diminish the applicability or effectiveness of these Terms of Use. These Terms of Use apply to the entire Web Site and all functionality, features and content offered by us through this Web Site.

 

2. CHANGE TO TERMS.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Web Site after the posting of changes to these Terms of Use will mean you agree to abide by those changes. Any amendment to these Terms of Use by you must be agreed to by us in writing. Certain Services or Products may be subject to Web Site/Services/Products Additional Terms (defined below), as set further forth in the Web Site/Services/Products.

 

3. CONTENT OWNERSHIP.
The Web Site and the content accessible through the Web Site, and all intellectual property rights included in or associated with the Web Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Web Site and Content remains with us. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of browsing such web site, material from the Web Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Web Site or in the Content. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, without any acknowledgement or payment to you for any purpose whatsoever.

 

4A. DISCLAIMER OF WARRANTIES.
The material in this site could include technical inaccuracies or typographical errors. Certain information provided is for use by Web Site users pursuant to specific record requests submitted through the Web Site. Certain information is subject to change. Neither the MRC nor any of its providers guarantee the accuracy, correctness, completeness, or timeliness of the guides, services, programs, data, or other information furnished via the Web Site (“Services”) or other MRC provided products (“Products”). MRC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR PRODUCTS OR RESULTS TO BE ATTAINED FROM THE USE OF THE SERVICES AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. USE OF THE WEB SITE AND THE SERVICES ARE AT YOUR SOLE RISK AND THE SERVICES/PRODUCTS AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS”, WHERE IS, AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. NONE OF THE SERVICES/PRODUCTS NOR ANY PORTION THEREOF CONSTITUTE ACTUAL LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY MRC OR ANY OF ITS PROVIDERS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEB SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Web Site, that defects will be corrected, or that the Web Site or the servers that make it available are free of viruses or other harmful components.

 

4B. CERTAIN PRODUCTS, SERVICES AND FUNCTIONALITY.
Use of certain portions of the Web Site and/or Services or Products require registration, provision of other requested information and may include the upload or provision of certain specific record requests/authorizations. For all such portions of the Web Site the following rules apply:

 

(a) You must be at least 18 years of age to use these portions of the Web Site/Services/Products. You agree to provide complete and accurate information as requested (including with respect to any required authorizations).

 

(b) The Web Site/Services/Products may contain additional terms, conditions, policies, service agreements, pricing, ordering procedures and/or optional services (collectively, “Web Site/Services/Products Additional Terms”); the Web Site/Services/Products Additional Terms are incorporated herein and your use of the Web Site/Services/Products constitutes your acknowledgement and agreement to the Web Site/Services/Products Additional Terms, and that such Web Site/Services/Products Additional Terms may be changed, modified, added to, or removed by us at any time.

 

(c) These portions of the Web Site, and any content viewed or Services or Products provided, are for your internal business/personal use only and are subject to the provision of the requisite authorizations to MRC. You may not provide access to the Web Site or our Services or Products to any third party.

 

(d) The availability and scope of the Services or Products may change from time to time. We will use commercially reasonable efforts to provide you with advance notice (including via the Web Site) of any material changes to the scope of the Services or Products or Web Site.

 

(e) We may terminate or restrict your use of our Web Site or Services or Products, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use (including without limitation the incorporated Web Site/Services/Products Additional Terms) or (ii) engaged in illegal or improper use of our service.

 

(f) You agree not to submit, publish, distribute, or transmit through the Web Site or our Services or Products any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. You also agree that you will not submit, publish, distribute, or transmit anything through the Web Site or Services or Products that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information contained in the Web Site or Services or Products submitted by users and we are not liable for any such information transmitted, including but not limited to any information posted by or about you. We reserve the right to take any action with respect to information transmitted which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or any third parties which is made available through our Services or Products. By its very nature, other people’s information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.

 

(g) By using the reporting or transactional portions of the Web Site/Services/Products, you consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the service, and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Web Site/Services/Products features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply sign into your account and adjust your account preferences; alternatively you can contact us as set forth in our Privacy Policy.

 

5. LIMITATION OF LIABILITY.
(a) THE PRODUCTS, MATERIALS, INFORMATION, AND SERVICES PROVIDED AS PART OF OR THROUGH THE WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY PRODUCTS, MATERIALS, INFORMATION, OR SERVICES OR AGAINST INFRINGEMENT. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE OR PRODUCTS OR SERVICES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY (INCLUDING THE LIABLITY OF ALL OF OUR AFFILIATES) SHALL NOT EXCEED THE FEES PAID TO US BY YOU WITH RESPECT TO THE SERVICES OR PRODUCTS PROVIDED AS PART OF OR THROUGH THE WEB SITE IN THE THREE (3) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABLITY. NEITHER WE NOR ANY OF OUR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE WEB SITE/SERVICE/PRODUCTS. YOU AGREE TO HOLD HARMLESS BOTH US AND OUR AFFILIATES AND PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU OR TO YOU IN CONNECTION WITH THE WEB SITE/SERVICE/PRODUCTS.

 

(b) MRC IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES CONCERNING ANY THIRD PARTY CONNECTED SERVICES OR FOR THE AVAILABILITY OR NON-AVAILABILITY OF ANY THIRD PARTY CONNECTED SERVICES.

 

(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

(d) We are an online service provider; we are not responsible for any loss or injury whatsoever due to Content or other information published through this Web Site. The Web Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from 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 network external to the Web Site. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.

 

6. TERMINATION.
We may, in our sole discretion and at any time, discontinue the Web Site, either in part or in whole, with or without notice. You agree that any termination of your access to the Web Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination (excluding only a refund or credit of pre-paid, unused fees, if applicable).

 

7. PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

 

8. LINKING AND THIRD-PARTY CONTENT.
The Web Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Web Site may contain news, information, or pricing published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.

 

9. LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Web Site; (ii) submission of proper authorizations and other requested/required information and (iii) release of information to and retrieval of information from the Web Site.

 

10. INDEMNIFICATION.
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Web Site and/or Products or Services; (ii) your breach of any provision of these Terms of Use (including without limitation the submission or provision of any incomplete, inaccurate or misleading information/authorizations or any other violation of the Web Site/Services/Products Additional Terms); (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to MRC; and/or (iv) any intentional wrongdoing by you.

 

11. ASSIGNMENT.
You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Web Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

 

12. CONTACT.
If you have any problems, questions or complaints about these Terms of Use or any Web Site, please contact us by email at quality@mrchouston.com.
13. GOVERNING LAW, ARBITRATION AND JURISDICTION.
You recognize that, although the Internet can be accessed from anywhere in the world, the Web Site is located in the State of Texas, United States of America, and that when you access the Web Site, you are doing so in the State of Texas, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of Texas without giving effect to any principles of conflict of law and the federal laws of the United States of America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEB SITE SHALL BE FILED ONLY IN DALLAS COUNTY, TEXAS, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN HARRIS COUNTY, TEXAS.

 

14. PRIVACY POLICY.
By agreeing to these Terms of Use, you also agree to our Privacy Policy located at https://mrchouston.com/privacy-policy/ which is incorporated herein by reference. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Web Site constitutes your acceptance to any changes to the Privacy Policy.

 

15. MISCELLANEOUS.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

BY USING THE WEB SITE AND/OR REGISTERING OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.