GOED (“Licensor”) will supply access to the Clinical Study Database (“CSD”) according to these Terms and Conditions, which, along with the terms in the CSD Contract, govern your access to and use of the CSD and its content.
For the purposes of the agreement, the following terms have the meanings indicated:
“Agreement” means the entire agreement as between the Licensor and the Client, comprised of the CSD Contract and these Terms and Conditions.
“CSD Contract” means the form by which the Client has ordered the Services and which specifies, among other things, the Fee format and level of Services, Start Date, and the Duration of the Term.
“Client” means unless otherwise specified, the individual(s) or entity specified on the CSD Contract
“License” means the rights granted to either CSD Basic, and/or CSD Advanced tool, in accordance with the terms and conditions outlined.
“Content” means information contained in, or presented to, the Client when accessing, the CSD. GOED Content does not include materials linked-to by the CSD and hosted on other domains (for example, an abstract of a research study hosted on PubMed) or material identified as excerpted from a third-party source.
“Website” means those World Wide Web pages which host the CSD, including the login page to the CSD.
2. Permitted Users
By signing this agreement, Client is entitled to a license for the period of time specified in the CSD contract (the “Term”), as set-forth herein, to the data contained in the CSD. For GOED member companies, the agreement is valid for all employees of said entity (“Authorized Users”) but additional users must register separately. All users of the CSD represent and warrant that they are 18 years old or older.
4. Clinical Study Database Overview
GOED’s Clinical Study Database is a custom searchable, filterable database of scientific research on EPA and DHA omega-3s. The database was created based on proprietary software commissioned by GOED and the data contained within has been entered by a team of independent research assistants contracted by GOED. The data was curated from PubMed with the inclusion criteria of studies that feature interventions that include EPA, DHA or EPA+DHA. This includes, but is not limited to, animal models, non-systematic reviews, interventional trials, cohort trials and meta-analyses. No cell-based (in vivo) studies are intended to be included.
The database is divided into two sections. In the first (Basics/Overview) section, the database includes information on ALL types of studies, while in the second (Advanced Search) section, the database includes information on ONLY human interventional trials.
GOED’s CSD does not encompass the full body of omega-3 research that exists. Exclusions include but are not limited to:
- Studies published in a language other than English
- Studies for which a pdf was not available
- Studies found in databases other than PubMed (Medline, Cochrane Library, Google Scholar, EMBASE, Cochrane Central Register of Controlled Trials (CENTRAL)
Further, the CSD has the following limitations:
- New omega-3 research is published daily, and thus the database will never be fully up to date on the research included. The CSD will clearly state to which date of publication the data is completed.
- In a scientific study, if the study authors were unclear or contradicted themselves while reporting the study data, the data was omitted.
- In a scientific study, if a chart, graph, or figure did not include a labelled data point, the independent research assistants did not guess, assume or calculate the point. This data was excluded and is indicated in the Notes section of the Article Details page.
- Comparisons among three or more groups cannot be entered into the database infrastructure. This data was excluded and is indicated in the Notes section of the Article Details page.
- The CSD relies on a dictionary of terms, allowing the data from the articles to be mapped to the database. This dictionary is based on the Medical Subject Headings (“MeSH” - https://www.ncbi.nlm.nih.gov/mesh/) and is continually being updated as new terms are added. MeSH is not exhaustive and does not include every term used by study authors in their work. Independent scientists added terms to the CSD to match the study authors and incorporate as much data as possible. However, there may be times when the term in the database is not an exact match for the term used in the scientific article.
- Units of measurement are excluded. If direct comparisons between biological markers are required, direct comparisons from scientific papers may be necessary.
Client understands and acknowledges that the classification of an article as “Positive,” “Negative” or “Neutral” is based on the conclusion given by the authors in the study abstract only, and does not reflect a conclusion connected to every biomarker or health condition measured in the study.
5. Grant of License
Subject to these Terms and Conditions, Licensor grants to Client a limited, non-exclusive, and non-transferable right and license during the Term for Authorized Users (a) to access and use the Services on the Website via a Secure Network and (b) to reproduce, prepare derivative works of, distribute, and display the Content in electronic and print format.
6. Prohibited Uses
Except as otherwise permitted in this Agreement or in-writing by Licensor, Client and its Authorized Users of the CBD are prohibited from:
- Systematically making copies, electronic or otherwise, of multiple extracts of the Content for any purpose;
- Mounting or distributing any Content on any electronic network, such as an intranet or the internet, or otherwise publish, broadcast, or display any Content in public;
- Performing research on behalf of individuals or entities other than the Client, or providing Content to such non-Client individuals or entitles; or
- Using the Content in any illegal manner.
7. Attribution and Use of GOED Name
Client acknowledges that GOED retains full rights to the intellectual property associated with the CSD. Client agrees to cite “GOED Clinical Study Database” as the source of any reports, communications, white papers, research summaries peer-reviewed articles, and the like, generated from using the CSD. Client may include GOED’s name as reference in materials used from the CSD, but will not use such fact to imply that GOED endorses the specified materials or claims in particular, or the Client in general. Client must include any attribution to third party sources appearing in or in connection to the materials described by this paragraph. Client acknowledges and understands that content attributed to third parties and/or accessible through links provided on the CSD is not under GOED’s control and may be protected by copyright or other intellectual property rights, and it is Client’s responsibility to avoid infringement of such rights.
8. DISCLAIMER OF WARRANTY
GOED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT OR THE SERVICES RENDERED. GOED EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, GOED MAKES NO WARRANTY THAT THE CONTENT AND CSD SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.
THE USE OF THE CONTENT AND SERVICES OF THE CSD IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THAT USE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GOED, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR OTHER RELATED ENTITIES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE FEES CLIENT HAS PAID FOR THE LICENSE TO THE CSD, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH CLIENT’S USE, OR INABILITY TO USE, THE CSD AND/OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE CSD OR SUCH OTHER LINKED WEBSITES OR ANY ITEMS OBTAINED THROUGH THE CSD OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF GOED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Renewals and Termination
The price of the CSD license on a quarterly, annual or per project basis is subject to change, and prices may not be consistent throughout the year or from year-to-year. Client’s purchase price is valid for the duration of the Term. No less than sixty (60) days in advance of the end of a Term, GOED will notify the Client of any changes in prices for the continuation of the subscription.
The license to use the CSD contract will automatically renew at the end of the Term unless either the Client or GOED provides no less than thirty (30) days advance written notice of its intent to terminate the license. GOED may terminate the license at any time upon a material breach by Client. The obligations of paragraph 6 survive expiration or termination of this Agreement.
The Client will not assign or transfer this Agreement or any of the rights or benefits hereunder, in whole or in part, without the prior written consent of the other, such consent not to be unreasonably withheld or delayed. GOED may assign or transfer this Agreement and all of its obligations and duties hereunder upon any corporate reorganization whereby ultimate ownership of the business division or assets related to the subject matter of this Agreement remains unchanged.
13. Dispute Resolution
Unless otherwise provided for in these Terms and Conditions, the dispute resolution procedures described in this Section 13 shall be the exclusive mechanism to resolve disputes arising under these Terms and Conditions. The Parties agree to use their respective best efforts to resolve any dispute(s) that may arise. If any dispute(s) cannot be resolved, the Parties agree to submit the dispute to mediation. In the event that the Parties fail to agree upon a mediator, the Parties shall request that the American Arbitration Association (AAA), New York, NY, appoint a mediator and the mediation will be held in Salt Lake City, UT, unless the parties choose a mutually agreed-to venue.
In the event that the Parties cannot resolve a dispute by informal negotiations or mediation, the Parties agree to submit such dispute to arbitration. Any arbitration hereunder shall be conducted under the Commercial Rules of the AAA, and arbitrations proceedings shall take place in Salt Lake City or other mutually agreed-to location, before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of this Provision.