IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE ("THE SITE"), WHICH IS PROVIDED BY the society for clinical data management, INC. ("SCDM"). By accessing THE site, you are indicating your acknowledgment and acceptance of these terms OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY SCDM AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To The Site
To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to the Site will be correct, current and complete. If SCDM believes the information you provide is not correct, current or complete, SCDM has the right to refuse your access to the Site or to any of its resources and to terminate or suspend your access at any time.

Restrictions On Use
You may use the Site for purposes expressly permitted herein. You may not use the Site for any other purpose, including any commercial purpose, without SCDM ’s express, prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express, prior written permission of an authorized representative of SCDM. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with SCDM in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information
The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by SCDM (the "Content") is the proprietary information of SCDM or the party that provided the Content to SCDM, and SCDM or the party that provided the Content to SCDM retains all right, title and interest in and to the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of SCDM, except that you may print a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates SCDM ’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site.

Hyper-Links
The Site may be hyper-linked to other sites that are not maintained by, or related to, SCDM. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or SCDM. SCDM has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and SCDM makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by SCDM of that site.

Submissions
You hereby grant to SCDM the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics or other information communicated to SCDM through the Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media or technology now known or later developed. SCDM will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SCDM operations. You also hereby grant permission to any other user of the Site to access, store or reproduce the your Submission for that user’s personal use.

SCDM will treat any personal information that you submit through the Site in accordance with its Privacy Policy.

Disclaimer
You understand that SCDM cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. SCDM does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements or notices provided by SCDM. You should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of your own professional judgment. Information obtained by using the Site is not exhaustive and does not cover all issues, topics or facts that may be relevant to your goals.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. The Content is provided "as is" and without warranties of any kind, either express or implied. SCDM disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE OR NON-INFRINGEMENT. SCDM does not warrant that the functions OR CONTENT contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components. SCDM does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability or otherwise. The content may include technical inaccuracies or typographical errors, and SCDM may make changes or improvements at any time. You, and not SCDM, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. SCDM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and SCDM does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.

Limitation On Liability
SCDM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SCDM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SCDM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SCDM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity
You will indemnify and hold SCDM, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including without limitation (a) any use of Content other than as expressly authorized in these Terms of Use, and (b) any Submission made by you to the Site. You agree that the Indemnified Parties will have no liability in connection with any such breach, unauthorized use or Submission, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content or any Submission you make to the Site.

Trademarks
Trademarks, service marks and logos appearing in the Site are the property of SCDM or the party that provided the trademarks, service marks and logos to SCDM. SCDM and any party that provided trademarks, service marks and logos to SCDM retain all rights with respect to any of their respective trademarks, service marks and logos appearing in the Site.

Information You Provide
You may not post, send, submit, publish, or transmit in connection with the Site any Submission that:

• you do not have the right to post, including proprietary material of any third party, unless such Submission identifies and references such third party’s express authorization for such material to be posted on the World Wide Web;
• constitutes or advocates illegal activity or discusses an intent to commit an illegal act, including without limitation laws and regulations governing the export and re-export of technology originating in the United States;
• is vulgar, obscene, pornographic, indecent, racist, abusive, harassing, threatening or offensive;
• does not pertain directly to the Site;
• libels, defames or invades privacy, including without limitation in reviews of training and other reference materials identified or provided in connection with preparation for SCDM’s certification program;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

SCDM reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither SCDM nor any third party that provides Content to SCDM will assume or have any liability for any action or inaction by SCDM or such third party with respect to any Submission.

Security
Any passwords used for the Site are for individual use only. You will be responsible for the security of your password (if any). SCDM will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SCDM considers insecure, SCDM will be entitled to require the password to be changed and/or terminate your access to the Site.

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SCDM reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SCDM reserves the right to investigate suspected violations of these Terms of Use.

SCDM reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SCDM to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SCDM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SCDM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SCDM OR LAW ENFORCEMENT AUTHORITIES.

Termination of Usage
SCDM may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that SCDM, in its sole discretion, believes is in violation of any applicable law or these Terms of Use or is harmful to the interests of another user, a third-party, a service provider or SCDM.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the State of New Jersey, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New Jersey in connection with any dispute between you and SCDM arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in and/or for Hillsborough, New Jersey. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. SCDM may revise these Terms of Use at any time by updating this posting.

Last updated: 15 January 03.