Terms of Service

Terms of Service

Effective date: 23 September 2009

Introduction

Welcome to the www.treatment-trials.comTM Web site provided by TreatmentTrials ("TreatmentTrials"). 

IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (a "User" or "you") and TREATMENTTRIALS.  BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE TREATMENTTRIALS.COM WEB SITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE OR THIS "TOS") AS THEY GOVERN ACCESS TO AND USE OF THE TREATMENTTRIALS.COM WEB SITE AND ITS PROGRAMS, SERVICES, FEATURES, AND INFORMATION (COLLECTIVELY, THE OR THIS "SITE").  TREATMENTTRIALS IS WILLING TO LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED PROGRAMS, SERVICES, FEATURES, AND INFORMATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS.  IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

Terms and Conditions

  1. TREATMENTTRIALS' ROLE.  This Site is to be used for information purposes only.  Specifically, TreatmentTrials, through this Site, offers a service to provide information on or about clinical trials and studies conducted in certain locations.  This information is provided by the entities or persons that sponsor, conduct, or implement these trials and studies.  TreatmentTrials, itself, does not offer any clinical trial or study and does not offer any other health care product or service.  A person or entity's listing in the TreatmentTrials directory of clinical trials and studies indicates only that TreatmentTrials has a good faith belief that such person or entity offers an active clinical trial or study that is still accepting participants.  TreatmentTrials also does not recommend any health care provider, any opinion, research, or protocol, any particular clinical trial, test, treatment, or study (or participation therein), or the medical products or services of any particular provider, and, in particular and without limitation, does not offer any medical advice.  TreatmentTrials is also not an agent of any provider of clinical trials or studies or health care products or services.  Once a user contacts or requests contact with a third party provider identified on this Site, TreatmentTrials has no further involvement.  Accordingly, you should not rely on the information provided on the Site as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.  TreatmentTrials encourages you to seek professional medical diagnosis and treatment for any medical condition and to discuss information available through this Site with your health care provider.  Do not disregard, avoid, or delay obtaining medical advice from a health care professional because of something read or viewed on this Site.  Do not use this Site for emergency needs.  Please contact 911 if you experience a medical emergency. 
  2. USER OBLIGATIONS.  By downloading, accessing, or using this Site in order to view TreatmentTrials' information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information or materials via a Site registration or submission form.  If you provide any false, inaccurate, untrue, or incomplete information, TreatmentTrials reserves the right to terminate immediately your access to and use of this Site.  In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site.  You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk.  While TreatmentTrials has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to or from this Site over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, TreatmentTrials is not responsible for the security of any information transmitted to or from the Site.  You must make your own determination as to these issues.
  3. USER NAME HANDLING POLICY.  Registration as a User with this Site requires both a user name and a password (to be created by TreatmentTrials, but which can be changed by you).  You should consider your user name and password as confidential information.  Only one User can use one user name and password and, thus, one account.  Doing so insures that only you will be able to access your account on the Site.  Anyone with knowledge of both your user name and password can gain access to the restricted portions of this Site and to your account.  Accordingly, by using this Site, you agree to keep your user name and password confidential.  You also agree not to use another User's user name and password.  You will immediately notify TreatmentTrials if you become aware of any loss or theft of your password or any unauthorized use of your user name and password.  TreatmentTrials cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  TreatmentTrials reserves the right to delete or change a user name or password at any time and for any reason. 
  4. PRIVACY POLICY.  You understand, acknowledge, and agree that the operation of certain portions of this Site and the TreatmentTrials' services may require the submission, use, and dissemination of various personal identifying information.  Accordingly, if you wish to access and use those areas of the Site or TreatmentTrials' services, you acknowledge and agree that your use of this Site will constitute acceptance of TreatmentTrials' personal identifying information collection and use practices.  Please see TreatmentTrials' Privacy Policy for a more detailed summary of TreatmentTrials' personal identifying information collection and use practices. 
  5. THIRD-PARTY PRODUCTS/SERVICES.  The Site may feature trials, studies, information, materials, products, and services provided by third parties.  TreatmentTrials expressly reserves the right to post on this Site, in its sole discretion, new or different advertisements of third parties and their products and/or services.  TreatmentTrials makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of any third-party trials, studies, materials, programs, products, information, and services or any other accessible trials, studies, materials, programs, products, information, and services.  Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party.
  6. LINKS TO OTHER SITES.  TreatmentTrials may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services.  These sites have not necessarily been reviewed by TreatmentTrials and are maintained by third parties over which TreatmentTrials exercises no control.  Accordingly, TreatmentTrials expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the trials, studies, products, or services provided by, available through, or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement by TreatmentTrials.
  7. LICENSE GRANT.  This Site is provided by TreatmentTrials, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS.  You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with TreatmentTrials.  Nevertheless, your use will be subject to the terms and conditions of this TOS.   
  8. RESTRICTIONS.  Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site.  Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another User(s), or any other systems or networks connected to this Site or to any TreatmentTrials server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or TreatmentTrials' systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to TreatmentTrials on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact TreatmentTrials.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY TREATMENTTRIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 
  9. PROPRIETARY RIGHTS.  This TOS provides only a limited license to access and use the Site.  Accordingly, you expressly acknowledge and agree that TreatmentTrials transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by TreatmentTrials and/or its licensors (and their successors and assigns) and are protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, TreatmentTrials does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  This Site is Copyright © 2009 TreatmentTrials and/or its licensors.  All rights reserved.  TreatmentTrials also owns a copyright in the contents of this Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site.  Any downloadable or printable programs, directories, databases, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by TreatmentTrials.  TREATMENTTRIALS and all other names, logos, and icons identifying TreatmentTrials and its programs, products, and services are proprietary trademarks of TreatmentTrials, and any use of such marks, including, without limitation, as domain names, without the express written permission of TreatmentTrials is strictly prohibited.  Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
  10. OTHER TERMS AND CONDITIONS.  Additional notices, terms, and conditions may apply to participation in a particular clinical trial or study and/or to other specific portions or features of the Site, all of which are made a part of this TOS by this reference.  You agree to abide by such other notices, terms, and conditions.  If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.  TreatmentTrials' obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing herein should be construed to alter such terms, conditions, notices, and agreements.
  11. FEEDBACK AND SUBMISSIONS.  TreatmentTrials welcomes your feedback and suggestions about TreatmentTrials' products or services or with respect to how to improve this Site.  By transmitting any suggestions, information, material, or other content (collectively, "feedback") to TreatmentTrials, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to TreatmentTrials.  In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for TreatmentTrials to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. 
  12. DISCLAIMER.  WHILE TREATMENTTRIALS ENDEAVORS TO PROVIDE ACCURATE, UP-TO-DATE, AND RELIABLE PROGRAMS, SERVICES, FEATURES, AND INFORMATION, THE PROGRAMS, SERVICES, FEATURES, AND INFORMATION AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  IN PARTICULAR, TreatmentTrials DOES NOT PROVIDE OR ENGAGE IN THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE AND makes no representations or warranties regarding ANY clinical trial OR STUDY, any HEALTH CARE PROVIDER, OR ANY HEALTH CARE product or service.  MOREOVER, TREATMENTTRIALS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE PROGRAMS, SERVICES, FEATURES, AND INFORMATION AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE PROGRAMS, SERVICES, FEATURES, AND INFORMATION AVAILABLE ON THIS SITE AND THE RESULTS THAT MAY OCCUR THEREFROM.  TREATMENTTRIALS MAKES NO REPRESENTATIONS OR WARRANTIES FOR ANY PURPOSE ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, SERVICES, FEATURES, AND INFORMATION AVAILABLE ON THIS SITE OR THE RESULTS THAT MAY BE ACHIEVED FROM THEIR UTILIZATION, INCLUDING, WITHOUT LIMITATION, ANY RESULTS OBTAINED FROM USING THE SITE'S DATABASES OR ANY THIRD PARTY TRIALS, STUDIES, PRODUCTS, SERVICES, OR INFORMATION PRESENTED ON OR MADE ACCESSIBLE THROUGH THE SITE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY.  TREATMENTTRIALS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.  YOUR USE OF THE SITE AND ITS PROGRAMS, SERVICES, FEATURES, AND INFORMATION IS SOLELY AT YOUR OWN RISK.
  13. LIMITATION OF LIABILITY.  You expressly absolve and release TreatmentTrials from any claim of harm resulting from a cause beyond TreatmentTrials' control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  In addition, you acknowledge and agree that TreatmentTrials is not responsible or liable for any communications and/or transactions between you and the provider of any other trial, study, information, product, or service.  Accordingly, you acknowledge and agree that TreatmentTrials cannot guarantee or ensure the availability of any clinical trial or study, any participation by you in any clinical trail or study, any transaction between you and a third party, or any outcome of or result from any transaction between you and a third party and/or utilization of any third party trial, study, product, information, or service.  MOREOVER, IN NO EVENT SHALL TREATMENTTRIALS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TREATMENTTRIALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF TREATMENTTRIALS FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED (US) DOLLARS OR THE TOTAL AMOUNT PAID BY YOU TO TREATMENTTRIALS OVER THE PRIOR TWELVE MONTHS, WHICHEVER IS MORE.
  14. INDEMNITY.  You agree to defend, indemnify, and hold harmless TreatmentTrials and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOS. 
  15. GOVERNING LAW.  This TOS has been made in and will be construed and enforced in accordance with the laws of the United Kingdom as applied to agreements entered into and completely performed in the United Kingdom.  You access this Site on your own volition and are responsible for compliance with all applicable local laws with respect to your use.  This TOS shall be construed and interpreted in the English language only, and all communications and notices to be made or given pursuant to this TOS shall be in the English language.  A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Please contact TreatmentTrials if you wish to receive a printed copy of this TOS.
  16. ENFORCING SECURITY ON THE SITE.  TreatmentTrials reserves the right to view, monitor, and record activity on this Site without notice or permission from you.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.  TreatmentTrials will also comply with all court orders involving requests for such information.  In addition to the foregoing, TreatmentTrials reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, TreatmentTrials, or TreatmentTrials' business.
  17. INJUNCTIVE RELIEF.  You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to TreatmentTrials, such injury would not be quantifiable in monetary damages, and TreatmentTrials would not have an adequate remedy at law.  You therefore agree that TreatmentTrials shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS.  Accordingly, you hereby waive any requirement that TreatmentTrials post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to TreatmentTrials to enforce any provision of this TOS.
  18. TERM AND TERMINATION.  This TOS will take effect at the time you click "I ACCEPT", register, submit and/or respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest.  TreatmentTrials reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term of conditions of this Agreement, to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below.  Upon termination, you must destroy all copies of any aspect of this Site in your possession.  The provisions concerning TreatmentTrials' proprietary rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of this TOS, injunctive relief, waiver & severability, integration, governing law, and entire agreement will survive the termination of this TOS for any reason.
  19. WAIVER & SEVERABILITY.  Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance.  No waiver by TreatmentTrials of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time.  If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
  20. ENTIRE AGREEMENT.  No joint venture, partnership, employment, or agency relationship exists between you and TreatmentTrials as a result of this TOS or your utilization of this Site.  This TOS, TreatmentTrials' Privacy Policy, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and TreatmentTrials with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and TreatmentTrials with respect to this Site.  You may not assign or transfer any rights under this Agreement without the prior written consent of TreatmentTrials.  Please note that TreatmentTrials reserves the right to change the terms and conditions of this TOS and the terms and conditions under which this Site and its many offerings are extended to you by posting a revised TOS or mailing and/or e-mailing notice thereof to you.  In addition, TreatmentTrials may add, modify, or delete any aspect, program, or feature of this Site, but TreatmentTrials is not under any obligation to add any upgrade, enhancement, or modification.  Your continued use of this Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS.  Accordingly, please review the TOS found at this location on a periodic basis.
  21. QUESTIONS.  If you (i) have questions or comments regarding this Site, (ii) are interested in obtaining more information concerning TreatmentTrials and its programs or services, (iii) want permission to use any TreatmentTrials content, or (iv) are aware of or wish to report misuse of the Site or TreatmentTrials' materials by any person or entity, please contact TreatmentTrials at info@treatment-trials.com.