Connected data gives you a clearer picture
At Evaluate we collect, calibrate and connect the pharmaceutical world's data.
This website (www.evaluate.com), ("the Site") is operated by Evaluate Ltd, a company registered in England and Wales, company registration number 5876322, whose registered office is located at 3 More London Riverside, London SE1 2AQ, UK ("the Company”).
Your use of the Site is subject to the terms and conditions (“Terms”) set out below. If you do not agree to these Terms, you must cease use of the Site immediately. We recommend that you print, store or save a copy of these Terms for your records. They are a legal agreement between the Company and you and can only be modified with our written consent.
We reserve the right to change the Terms at our discretion by changing them on the Site and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Site after such changes are posted will be deemed agreement on your part to these Terms, as amended.
Within this document and other legal notices within the Site, the terms “we, “us” or “our” refer to the Company. The terms “you” or “your” refer to users of the Site.
Levels of Access
The Site permits you two levels of access according to your registration and subscription status as follows: (1) As a Guest user, you have access to limited free content within the Site without a requirement to register your details; (2) As a Subscriber, you have access to the Site’s privileged content under a valid license agreement, entered into between you or your employer or one of its affiliates and the Company ("the Subscription Agreement"). The terms of that Subscription Agreement may provide for different or additional rights and obligations in lieu of or in addition to certain of the terms and conditions of these Terms. You therefore may wish to read the relevant Subscription Agreement before you access the Site. In the event of any conflict, the terms of such a valid Subscription Agreement shall prevail.
Accuracy of Information and Disclaimer
While we do our best to ensure that all information on the Site is accurate, the Site is provided on an "as is" and “as available” basis and we do not warrant the accuracy, completeness, reliability or timeliness of such information; nor do we warrant that it is fit for any particular purpose. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.
You expressly acknowledge and agree that:
in no event will the Company, its officers, directors, employees or agents be liable to you in contract, tort (including negligence and breach of statutory duty) or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) resulting from:
By submitting any User Material, you:
Communications with other users
From time to time, we may provide facilities which enable you to communicate with other users of the Site. If you contact any other user of the Site, you shall ensure that:
When you link into a non-Evaluate site from this Site, please understand it is independent from us and that we have no control over the content of such independent website. Whilst we believe such sites may be of interest to you, we do not endorse or accept any responsibility for the content or the use of such websites. Links are therefore made at your own risk and we accept no liability for any linked sites. You must also take your own precautions to ensure what is selected for use is free from any viruses, worms, Trojan horses or other items of a destructive nature.
Access to the Site
Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under this agreement. Nothing in these Terms is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Legal Jurisdiction and Dispute Resolution
English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms (including non-contractual claims or disputes) and for those purposes the parties irrevocably submit all disputes to the exclusive jurisdiction of the English courts provided that the Company shall not be prevented from seeking any court order or judgment in any other court of competent jurisdiction. The place of performance shall be England.
Additional Third Party Terms
Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Any use by Subscriber outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, Subscriber agrees that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled.
Subscriber agrees that Subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Subscriber further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS.
NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.
Further information on these conditions or any queries on them can be obtained from Evaluate Ltd at 3 More London Riverside, London SE1 2AQ United Kingdom
Telephone +44 207 377 0800 Facsimile +44 207 539 1801
Or email [email protected]
20 August 2010