TERMS AND CONDITIONS OF USE OF THE ADVANCED NEUROPSYCHOLOGICAL DIAGNOSTICS INFRASTRUCTURE ('ANDI') WEBSITE

By accessing and/or using the ANDI website you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully.

If you do not agree to these Terms of Use, you must immediately terminate your use of the ANDI website. You may print or save a copy of these Terms of Use for your own records.

0. Introduction. The ANDI website is a new platform for neuropsychological assessment. It was developed (and is currently owned and maintained) by the ANDI consortium on the basis of a research project sponsored by the Netherlands Organization for Scientific Research (NWO).

The ANDI website provides multi-test evaluation with modern multivariate statistical tools. It facilitates neuropsychological assessment with a web-based interface in order to support both qualified clinical practitioners and behavioral researchers.

The ANDI website maintains a large database of neuropsychological tests and provides a platform for online multi-test evaluation. As a user, you may upload (anonymous) patient data, i.e. a series of neuropsychological test scores and/or behavior ratings of either a group of patients or of a single patient. Subsequently, the ANDI website returns a statistical report that documents for each patient separately a detailed, multivariate analysis of the profile of test scores. The report indicates whether the patient deviates from the norm (e.g. whether he/she is cognitively impaired), and which of the series of tests are responsible for this deviation from the norm (e.g. in which cognitive domains he/she is impaired).

The report also gives point estimates with confidence intervals of the frequency with which the patient’s score deviations occur in the normal population. The latter information is essential to decide whether there are dissociations of cognitive functions, a fundamental concept in clinical neuropsychology and cognitive brain research in general. Additionally, the report documents the size and the demographic characteristics of the sample to which the patient(s) was/were compared. The anonymous normative data will come from people who served as control subjects in numerous neuropsychological and other behavioral health investigations that have been conducted in the past decades. The (anonymous) patient data you uploaded is only used to generate the statistical report and is not stored by the ANDI website.

1. Licence Grant. By receiving a login and a password, you are granted a personal, revocable, limited, non-exclusive, non-transferable licence to access and use the ANDI website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the ANDI website and the statistical reports it generates for noncommercial use, in order to assist you in diagnosing patients, and for no other purpose. The ANDI consortium reserves the right to bar, restrict or suspend any user's access to the ANDI website, and/or to terminate a licence at any time for any reason. The ANDI consortium reserves any rights not explicitly granted in these Terms of Use.

2. Licence Restrictions. Unless otherwise expressly stated in these Terms of Use or if you receive the ANDI consortium's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the ANDI website, the statistical reports it generates, or any portion thereof. Further, you may not (i) use the ANDI website for any unauthorized or illegal purpose or activity; (ii) interfere with the proper working of the ANDI website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the ANDI website.

3. Your Acceptance; Revisions to Terms of Use. The ANDI website is only available to individuals who can enter into legally binding contracts under the applicable Dutch law. These Terms of Use constitute a legally binding agreement between you and the ANDI consortium regarding your use and access to the ANDI website. By using the ANDI website you agree to the Terms of Use.

The ANDI consortium reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the ANDI website. Your use of the ANDI website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the ANDI website.

4. Personal Login Information. Certain features and areas of the ANDI website are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The ANDI consortium is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the ANDI consortium immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

5. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the ANDI website and not interfere with the use and enjoyment of the ANDI website by other users or with the ANDI consortium's operation and management of the ANDI website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ANDI website. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the ANDI reserves the right to terminate your access and use of the ANDI website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ANDI website, or defame or otherwise harm any party, including the ANDI, through your use of the ANDI website.

6. Proprietary Rights. The content of the ANDI website is the property of the ANDI consortium and is protected by law including, but not limited to, Dutch database right, copyright and trade secret law, as well as other laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any content of the ANDI website by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the ANDI consortium.

7. Responsibility for use of the ANDI website. Use of the ANDI website is solely at your risk. The ANDI consortium does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ANDI website. Whilst every effort has been made to ensure the accuracy of the information in the statistical reports generated by the ANDI website, the ANDI consortium accepts no responsibility for the accuracy of information provided in the statistical reports.

8. Medical Disclaimer. The statistical reports generated by the ANDI website are provided for informational purposes only (in order to assist you in diagnosing patients) and are neither intended as medical advice, nor as a substitute for medical advice.

9. Patient Information. In order to make use of the ANDI website, you may need to submit confidential patient information ("Patient Information"). Applicable laws, as well as ethical requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.

10. Warranties Disclaimed. THE ANDI WEBSITE AND THE REPORTS IT GENERATES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE ANDI CONSORTIUM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, OR LICENSORS (COLLECTIVELY "ANDI PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE ANDI WEBSITE, THE REPORTS IT GENERATES AND/OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE ANDI WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ANDI WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ANDI WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY DUTCH LAW.

11. Limitation of Liability. IN USING THE ANDI WEBSITE, HEALTH-CARE PROFESSIONALS HAVE THE SOLE RESPONSIBILITY TO BE FULLY AWARE OF CURRENT MEDICAL AND CLINICAL PRACTICES AND STANDARDS, TO EMPLOY GOOD CLINICAL JUDGMENT IN SELECTING AND INTERPRETING PATIENT'S DATA (BOTH, INPUT DATA AND OUTPUT RESULTS), AND TO VERIFY ALL REPORTS OBTAINED THROUGH THE USE OF THE ANDI WEBSITE. THE ANDI CONSORTIUM SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE ANDI WEBSITE, THE REPORTS IT GENERATES AND/OR ANY RESULTS THAT MAY BE OBTAINED BY YOU; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ANDI WEBSITE AND/OR ITS CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ANDI WEBSITE; (vi) FROM ANY DELAY OR FAILURE OF THE ANDI WEBSITE;

12. Indemnification. You shall defend, indemnify, and hold harmless the ANDI consortium from and against all claims arising from or in any way related to your use of the ANDI website, the reports it generates and/or any results that may be obtained by you, a violation by you of these Terms of Use, or any other actions connected with your use of the ANDI website, the reports it generates and/or any results that may be obtained by you, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees.

13. Term and Termination. These Terms of Use will take effect at the time you begin using the ANDI website. The ANDI consortium reserves the right, with or without notice, at any time and for any reason to deny you access to the ANDI website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the ANDI website, but all applicable provisions of these Terms of Use will survive such termination.

14. Governing Law. These Terms of Use and all matters regarding your use of the ANDI website shall be governed by, construed in accordance with, and enforced under the laws of the Netherlands.

15. Disputes; Venue. The District Court in Amsterdam, the Netherlands, is authorized to adjudicate any dispute arising in connection with your use of the ANDI website and/or these Terms of Use.

16. Statute of Limitations. Any claim or cause of action arising out of or related to your use of the ANDI website must be filed within six (6) months after such claim or cause of action arose or be forever barred.

Last revised: September 2016


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