This  Website Terms of Use is an agreement (the “Agreement”) between INC Research, LLC (“we”, “us” or “INC Research”), and users of this website ("you" or "user"). This Agreement also governs your use of any content or information (the “Content”) made available to you by INC Research through the website located at http://incresearch.com (the “Site”). Some features, functionality and services provided on the Site may be governed by supplemental terms and conditions or separate agreements. When using such features, functionality or services, you shall be subject to such additional terms and conditions or agreements. In the event of any conflict between such additional terms and conditions, separate agreements and this Agreement, such additional terms and conditions and separate agreements shall control.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  By using this Site, you signify your assent to these Terms of Use, as well as all provisions, disclaimers and disclosures on this Site.  If you do not agree to all of these Terms of Use, DO NOT USE THIS SITE.

INC Research may revise and update this Agreement at anytime.  Your continued use of the Site will mean you accept those changes.

 

1. Permissible and Prohibited Uses. You may not use the Site for anything other than a lawful and legitimate purpose. You may not reproduce, upload, post, transmit, download or distribute any part of the information contained in this Site other than to create a single electronic copy on your computer’s hard drive or a single printed copy of portions of the content for your personal, non-commercial use. You also may not store or archive a significant portion of the Site content or create a database using the content. Examples of prohibited uses of the Site include, but are not limited to, the following: (a) deceptive and unfair trade practices; (b) placement on the Site of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Site; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of the Site; (d) insertion of links to other sites of whatever character; (e) promotion of any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; and (f) any activity that infringes on the copyright, patent, trademark or other rights of any person or entity. If you engage in a prohibited use of the Site you may be barred from any future use of the Site. Any content introduced to the Site as a result of or which constitutes an impermissible use, as determined in the sole discretion of INC Research, may be removed from the Site. If you engage in a prohibited use of the Site, You will be liable to INC Research for damages it incurs as a result.

2.  Hyperlinks. As you use the Site, you may encounter windows and hyperlinks that take you to web pages or websites of other companies, either to make their content available to you or to enable you to communicate directly with those companies. Because INC Research has no control over such sites and resources, you acknowledge and agree that INC Research is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that INC Research shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

3.  Copyright and Other Proprietary Rights.  You acknowledge and agree that the Site and all information, data and content included therein (the “Content”) contains proprietary and confidential information, including but not limited to text, graphics, logos, icons and images, which is protected by applicable intellectual property and other laws. You agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Content, in whole or in part without the express written permission of INC Research. 

4.  Disclaimer Of Warranty. THE INC RESEARCH PROVIDES THE SITE AND THE CONTENT ON AN "AS IS" BASIS, AND INC RESEARCH GRANTS NO WARRANTIES TO YOU (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SITE OR THE CONTENT. THE INC RESEARCH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INC RESEARCH DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE WILL ALWAYS BE AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. THE INC RESEARCH DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY OF THE SITE, INCLUDING WITHOUT LIMITATION UNAVAILABILITY CAUSED BY HEAVY TRAFFIC, TECHNICAL DIFFICULTIES, OR ANY OUTAGE OR OTHER INTERRUPTION IN SERVICE.  

5.  Limitation of Liability. IN NO EVENT WILL THE INC RESEARCH BE LIABLE TO (i) YOU OR ANY USER FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF THE INC RESEARCH OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnity.  You agree to defend, indemnify and hold INC Research and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any loss, damage, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from or in connection with your use of the Site, your use of Content provided via the Site or your breach of these Terms of Use. 

7. Forward Looking Statements.  Except for historical information, all of the statements, expectations and assumptions, including statements, expectations and assumptions about INC Research’s business prospects and future results, contained in this web site are forward-looking statements that involve a number of risks and uncertainties. Although we attempt to be accurate in making these forward-looking statements, it is possible that future circumstances might differ from the assumptions on which such statements are based and could cause actual results to differ materially from the forward-looking statements. Other important factors that could cause future results to differ materially include the following: the ability to attract, integrate, retain and train key personnel; competition in the CRO industry; rapid technological advances that make our services or capabilities less competitive; compliance with drug development regulations; changes in the regulation of the drug development process; our ability to win new business; overall global economic conditions; economic conditions, research and development spending, and outsourcing trends in the pharmaceutical, biotechnology and government-sponsored research sectors; consolidation in the pharmaceutical and biotechnology industries; loss, delay or modification of large contracts; higher-than-expected cancellation rates; the rate of conversion of backlog into revenue; risks associated with and dependence on strategic relationships; actual operating performance; risks associated with acquisitions and investments; and the ability to control SG&A spending. We assume no obligation and expressly disclaims any duty to update these forward-looking statements in the future, except as required by applicable law. 

8. Miscellaneous.  These Terms of Use contain the entire agreement between the user and INC Research regarding the use of the Content and the information contained on this Site. You agree that these Terms of Use take effect on your first use of this Site, and that they apply to all persons accessing the Site from your computer. You agree to regularly review these Terms of Use for changes and agree to those changes by continuing to this Site.  These Terms of Use may only be amended as described above, or by a writing signed by you and an authorized official of INC Research. Unless otherwise explicitly stated, the provisions contained herein will survive termination of your access to and use of the Content and the information contained on this Site. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees.

 

If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.  To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with these Terms of Use. 

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Site must be filed within one (1) year after such claim or cause of action arose. You acknowledge that the provisions, disclosures and disclaimers set forth in these Terms of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of these Terms of Use, INC Research has available all remedies at law or equity to enforce these Terms of Use.