Terms of Use

Welcome to Gwaltney Consulting! These Terms of Use (the “Terms”) and our Privacy Policy govern your access to and use of the Gwaltney Consulting services and the Gwaltney Consulting Services website, so please read these Terms carefully.

By using Gwaltney Consulting (including the Patient-Reported Outcome Value Database), you are agreeing to these Terms. If you do not agree to these Terms, do not use Gwaltney Consulting. If you are using Gwaltney Consulting on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these Terms on the organization’s behalf. In that case, “you” and “your” will refer to that organization.

We may periodically revise the Terms. If a revision is material, as determined reasonably and solely by us, we will notify you. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Gwaltney Consulting after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using Gwaltney Consulting.

Your Gwaltney Consulting Account

To use the Gwaltney Consulting Patient-Reported Outcome Value Database, you will need to sign a Software as a Service (“SaaS”) Subscription Agreement with Gwaltney Consulting.

You are responsible for safeguarding your Gwaltney Consulting login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You must immediately notify us of any unauthorized use of your account.

Your Use of Gwaltney Consulting

Gwaltney Consulting is protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.

You may only use Gwaltney Consulting as permitted by your SaaS Agreement and by law (whichever is most restrictive), including all applicable federal, state, local or international laws and regulations. Do not, by way of example: • Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from Gwaltney Consulting, or use Gwaltney Consulting in any way other than through our publicly supported interfaces; • Access, tamper with, or use non-public areas of Gwaltney Consulting, Gwaltney Consulting’s computer systems, or the technical delivery systems of Gwaltney Consulting’s providers; • Probe, scan, or test the vulnerability of any Gwaltney Consulting system or network or breach any security or authentication measures; • Decipher, decompile, disassemble or reverse engineer any of the software used to provide Gwaltney Consulting; • Plant malware or use Gwaltney Consulting to distribute malware; • Violate the privacy of others; • Violate any applicable law or regulation; • Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading; • Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights; • Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing Gwaltney Consulting, or introducing any other material or content which is malicious or technologically harmful; • Attack Gwaltney Consulting via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of Gwaltney Consulting; • Attempt any of the above, or encourage or enable any other individual to do any of the above.

We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Warranty Disclaimers

GWALTNEY CONSULTING IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Gwaltney Consulting will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Gwaltney Consulting. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Indemnity

You will hold harmless and indemnify Gwaltney Consulting and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Gwaltney Consulting or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitation of Liability

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GWALTNEY CONSULTING, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT GWALTNEY CONSULTING HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO GWALTNEY CONSULTING MORE THAN THE GREATER OF TWENTY DOLLARS ($20.00) OR THE AMOUNTS PAID BY YOU TO GWALTNEY CONSULTING FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.

General Terms

These Terms shall be governed by Rhode Island law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Providence, Rhode Island.

These Terms create no third-party beneficiary rights. Gwaltney Consulting’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Gwaltney Consulting may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Interpretation

The SaaS Subscription Agreement signed by Gwaltney Consulting and Subscriber (as defined in the SaaS Subscription Agreement) shall supersede and control any conflicting Terms.

Contact Us

If you have any questions about these Terms, please contact us using our website: http://www.gwaltneyconsulting.com/en/Contact

Last Modified Date: November 5, 2017