magbo system

PiLR Health Web Site User Agreement

This Web Site User Agreement (the “Agreement”) presents the terms and conditions (“Terms”) between MEI Research, Ltd (the “Company”) which provides PiLR Health (the “System”) and you as a User of the system.

Account Management

You may only use this System if you have the authority according to applicable law to contract individually, or by virtue of your position with a contracting entity, with the Company and are covered by such a contract. If you are representing an institution, then you warrant that it is validly formed and existing under the laws of your jurisdiction of formation and that you are duly authorized to bind to these Terms.

Fees and Payments

You agree to pay any fees for use of this System, each added Service you purchase or use and any overage fees in accordance with the pricing and payment Terms presented to you. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Account Inactivity

The Company may terminate access to your account if we are unable to contact you and there is no account activity (such as a login event, data upload or payment) for longer than 90 days. Any content contained in your account may be archived after 180 days without activity, and may be deleted if no user on your account can be contacted.

Keep your Username and Password Secure

As a User of the System your access to an account is controlled by a unique user name (UN) and password (PW) combination. You are responsible for safeguarding your PW and other credentials used to access your account. You are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should change your PW and notify the Company and your Organization or Project owner on the System immediately. Accounts may not be shared and may only be used by one individual per account. As you enroll Study Participants you will create unique Participant Code, Login ID and PW for them that should be similarly protected. Use of an individual’s name or email in creating a Username, Participant Code, Login ID or Participant Description violates the “Protected Information is Prohibited” clause of this Agreement. Your data and interactions are encrypted in transit (https) to and from the System. You acknowledge that data are not encrypted when stored within the System nor after you perform an export or download.

Ownership of Content

Any information, materials and data (“Content”) you cause to be entered, uploaded, posted or stored on the System belongs to you or your Organization, as defined by your relationship with your Organization. You, or your Organization owner, have the ability to download all information and cause it to be deleted from the System at any time. Information you collect from or about individuals may be covered by a legal right of that individual to access that information, such as defined in the California Information Practices Act of 1977. You understand that Company will comply with access rights under applicable law. Company may disclose your information as required by law, or when we believe that disclosure is necessary to comply with a judicial proceeding, court order, subpoena, or other legal process served on us. You understand that information returned to the System can include meta data such as time and location. It is your responsibility to collect such meta information in an approved fashion (see Institutional Approval below) and to notify Study Participants when such meta data are collected, or to turn off such collection.

Responsibility for Content

You and your organization are separately responsible for all Content entered onto the System. You grant Company a worldwide, royalty-free, non-exclusive license to host Content provided through your use of the System. You must provide all required and appropriate warnings, information and disclosures to other User and study Participants. Company is not responsible for Content or data you provide through your use of the System.
You agree not to use, nor permit any third party to use, the System to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following:

  1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Content that would impersonate someone else or falsely represent your identity or qualifications;
  3. Virus, trojan horse, worm or other disruptive or harmful software or data; and
  4. Any Content that is not legally yours or is used without permission from the copyright owner or intellectual property rights owner.

Protected Information is Prohibited

You agree not to use the System to access, gather or store Protected Information of or related to Study Participants. Protected Information shall be defined as information that identifies or is capable of identifying a specific individual, including but not limited to personally-identifiable information; Personal Health Information (PHI) and medical information other than PHI as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the HIPAA regulations (including, but not limited to 45 CFR § 160.103 and 45 CFR 46.102(f)); Cardholder Data (as currently defined by the Payment Card Industry Data Security Standard and Payment Application Standard Glossary of Terms, Abbreviations, and Acronyms), or individual financial information including, but not limited to, that subject to laws restricting the use and disclosure of such information; and information covered by the federal Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801(b) and 6805(b)(2)), Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), Fair and Accurate Credit Transactions Act (15 USC § 1601 et seq.) and the Fair Credit Reporting Act (15 USC § 1681 et seq.). In particular, information not permitted on the System includes, but is not limited to, name (first or last), email address, telephone number, home or work address, or Social Security Number. Users shall further ensure that no employee of Company is exposed to Protected Information, nor required to have contact with clinical patients or individuals recruited for research.

Acceptable Uses

You may only use this System in compliance with, and only as permitted by, applicable law. The System is intended solely for research. You may not use this System for clinical therapy, diagnosis or any other application that may require review or approval by the US Food and Drug Administration or similar government entity.

Institutional Approval

Anyone conducting research or otherwise using this system or other resources provided by Company must obtain prior review and approval by the appropriate Institutional Review Board as necessary and follow all applicable government and treaty codes and conditions.

Site Security

The System is to be used by authorized Users only. The data on the System may include sensitive information protected by various state and Federal statutes, including the Privacy Act, 5 U.S.C. § 552a. All access or use of the System means you understand and accept these terms and provide unconditional consent to all authorized personnel to review, monitor, record, audit and take action. Unauthorized attempts or acts to (1) access, view, upload, change, or delete information on this system, (2) modify this system, (3) deny access to this system, (4) accrue resources for unauthorized use or (5) otherwise misuse the System are strictly prohibited and may be punishable by law, including the Computer Fraud and Abuse Act of 1986. Such attempts or acts will result in loss of account access, including access to data stored on the system. To secure and ensure this service remains available to all users, this system employs software to monitor network traffic, identify unauthorized attempts to upload or change information, or otherwise cause problems. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of abuse or criminal activity, such evidence may be provided to appropriate law enforcement officials.

Type of License

Company grants authorized Users a limited, non-transferable, non-exclusive, license to use and access the System solely to support research activities of authorized Users. You may not use the System for any purpose than the stated use and are expressly prohibited from using the System in a resale capacity. Company retains, as between Company and User, all right, title, and interest in and to the software. You agree that this license does not transfer to you any proprietary or intellectual property rights to the System, its underlying software or documentation. You will not permit a third party to alter any part of the System or documentation; permit a third party to use or copy the System software or documentation or any part thereof; nor license, sell, transfer, or lease the System software or documentation, or any part thereof. This license grants you access to a limited number of “Projects”, Participants, Instruments and other system resources as defined in the Terms. You must seek a modification to these license and the Terms, which may include additional fees, to expand your use of the System.

Warranty, Disclaimer and Limitations of Liability

Company endeavors to keep the System available at all times, except for downtime arising from performance enhancements, upgrades or maintenance or in the event of downtime by a hosting service used by the Company. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND THE COMPANY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU ACCORDING TO THE TERMS.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, USA without regard to any principle of conflicts of law that would require or permit the application of the substantive law of any other jurisdiction. You agree that any action or suit related to this Agreement shall be brought exclusively in the state or federal courts sitting in the State of Minnesota.

Changes to this Agreement

The Company reserves the right to change some or all of this Agreement at any time by giving notice to Users via this page. We recommend that you check this page regularly, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to this Agreement, they must cease using this System and can download all stored data and, optionally, to delete their solely owned data from the System.

Published February 24, 2017. Update January 11, 2019 to add “Responsibility for Content” and provide definition of “Content”. Update April 9, 2020 to add that attempts to reach a User fail before data are archived or deleted without permission. Update July 7, 2020 to correct punctuation and typographical errors.