Trialsite Terms of Service

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE “SITE” OR USING ANY PART OF THE SITE OR “SERVICE” (BOTH AS DEFINED BELOW). BY VISITING THE SITE AND/OR USING OR ACCESSING THE SERVICES, THE USER (“YOU”) AGREE TO BECOME BOUND BY THE TERMS OF USE AND THE TRIALSITE PRIVACY POLICY, INCORPORATED BY REFERENCE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, WHETHER VISITOR OR MEMBER, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE SITE OR THE SERVICES. TRIALSITE’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT; YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES WILL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

Acceptance of Terms

The following terms and conditions govern all use of the trialSitenews.com website (the Site) and the services available on or at the Site (the Service). The Service is owned and operated by TrialSite, Inc. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on the Site by TrialSite.

The Service is available only to individuals who are at least 16 years old or who are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case the Site is not intended for children under the age of 13. If you are less than 13 years of age, please do not use the Site. TrialSite may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

TrialSite reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time, by posting the modified Terms of Use or other policies or guidelines on the Site, and if permitted to do so, sending you an e-mail notifying you of the nature of the modifications and a link to the modified document on the Site so that you may review it. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting or notification of any changes to the Terms of Use constitutes your acceptance of those changes and your agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal use. For purposes of the Terms of Use, “Content” includes, without limitation, any video, audio, information, data, text, software, images, photographs, scripts, graphics, logos, interactive features, and other works of authorship in any form, medium or technology now known or later developed, which is generated, provided, or otherwise made accessible by TrialSite on or through the Service.

By way of example, and not as a limitation, you must not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

infringes any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right of any other person or entity;

includes video or a photograph of another person or an identifiable location that you have posted without that person’s or the owner of such location’s consent;

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, sexually explicit or profane, depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;

constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, without TrialSite’s prior written consent;

advertises to, or solicits, any other user of the Service to buy or sell any products or services through the Service other than as incorporated in User Submissions which are otherwise in accordance with these Terms of Use ;

displays an advertisement, or accepts payment or anything of value from a third person in exchange for your performing any activity on or through the Service on behalf of that person, such as posting commercial content, or posting blogs or bulletins with a commercial purpose;

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of TrialSite or any third party; or

impersonates any person or entity, including any employee or representative of TrialSite.

Additionally, you must not: (i) take any action that imposes or may impose (as determined by TrialSite in its sole discretion) an unreasonable or disproportionately large strain on TrialSite’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures TrialSite may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You must not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service or as explicitly provided on the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.

You must abide by all applicable local, state, national and international laws and regulations.

Registration

In order to access some features of the Site, you will have to create an account. You must submit a valid email address and select a password and username (TrialSite username) during the registration process. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. Failure to do so will constitute a breach of the Terms of Use, which may result in immediate termination of your TrialSite account. You must not (i) select or use as a TrialSite username a name of another person with the intent to impersonate that person; (ii) use as a TrialSite username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a TrialSite username a name that is otherwise offensive, vulgar or obscene. TrialSite reserves the right to refuse registration of or cancel an TrialSite username in its sole discretion. You are solely responsible for activity that occurs on your account and will be responsible for maintaining the confidentiality of your TrialSite password. You may never use another user’s account without such other user’s express permission. You will immediately notify TrialSite in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

Subscriptions

Trialsite derives the majority of its revenue from users subscribing for access to the site. Subscriptions are monthly unless stated otherwise, and may be cancelled (by you) at any time without notice. If you elect to cancel your monthly subscription, it will remain in effect until the next billing date and thereafter you will loose access to the content. We do not offer pro-rata refunds of unused portions of the monthly subscriptions.

Third Party Sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under TrialSite’s control, and you acknowledge that TrialSite is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by TrialSite or any association with its operators. You further acknowledge and agree that TrialSite will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Right to Use TrialSite Content

Content Generally

You agree that the Service contains Content specifically provided by TrialSite, its users and/or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized below or otherwise by TrialSite in writing, you must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, TrialSite hereby grants you a limited, revocable, non-sublicensable license to display the Content (excluding any software code) using the means provided for such by TrialSite (e.g., through the use of “embed” codes); provided that you retain all copyright and other proprietary notices contained therein. Except as set forth below, reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of TrialSite. Please read our Content Licensing Policy for important information.

Guide Content and Photographs

All Content is for informational purposes only, and is general advice, not intended to be relied upon to offer a solution to a specific problem or as a substitute for the advice of a qualified healthcare professional. TrialSite does not recommend use of the Content in lieu of professional advice or delay in seeking professional advice based on the Content. TrialSite does not recommend use of the Content for diagnosing or treating health or other problems.

User Submissions

The Service may provide registered members with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, text [including edits and new text] for guides, data, photographs and images) to the Service (User Submissions). While you, as the creator of that content, will retain copyrights and the freedom to use your own works in any manner you choose, by posting User Submissions on or at the Site or otherwise through the Service, you:

grant to TrialSite, its affiliates and their assignees a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, translate, make derivative works of, incorporate into other works, add metadata associated with, and otherwise exploit such User Submissions, including without limitation, any concepts, ideas or know-how embodied therein, in any form and for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media format or technology now known or hereafter developed, in connection with the Site and TrialSite’s (and its successors’ and affiliates’) business. Without limiting the foregoing and for the avoidance of doubt, this license grants TrialSite to display commercial advertising and User Submissions anywhere on the Site, including without limitation alongside, on the same page as, and/or superimposed on any User Submissions; represent, warrant and covenant that (i) you own or otherwise control all rights to such User Submissions (including any pictures contained therein) and that disclosure and use of such User Submissions by TrialSite (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; (ii) you own or have secured all necessary licenses, rights, consents and permissions for such User Submissions and authorize TrialSite to make use of these User Submissions in the manner contemplated by the Service and these Terms of Use; (iii) that the content of each User Submission is truthful and accurate; (iv) use of the User Submission you supply does not violate these Terms of Use and will not cause injury to any person or entity; (v) the holder of any rights, including moral rights in such User Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above;

acknowledge that such User Submissions may not be treated confidentially; agree that you will reuse all User Submissions only for non-commercial purposes and abide by the Creative Commons Attribution Non-Commercial Share Alike license.

You must not provide TrialSite with any confidential or proprietary information that you desire or are required to keep secret. All User Submissions will be considered non-confidential and TrialSite is under no obligation to treat User Submissions as proprietary information. You are solely responsible for the User Submissions you post on or through the Service. TrialSite reserves the right to use User Submissions as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post them. TrialSite is under no obligation to offer you any payment for User Submissions or the opportunity to edit, delete or otherwise modify Content once it has been submitted to TrialSite. TrialSite will have no duty to attribute authorship of User Submissions to you, and will not be obligated to enforce any form of attribution by third parties.

TrialSite has no obligation to monitor the Site, Service, Content, or User Submissions. TrialSite may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Termination

TrialSite may terminate the Service or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, contact us. All provisions of the Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TRIALSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) CONSEQUENCES OF USING THE SITE OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITE, (IV) UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER SUBMISSIONS, OR (V) STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICE INCLUDING BUT NOT LIMITED TO SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS. TRIALSITE IS NOT RESPONSIBLE FOR ANY SEARCH RESULTS OR RANKINGS OR THE ADDITION OF OR CHANGE TO ASSOCIATED METADATA OF CONTENT ON THE SITE. TRIALSITE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SITE OR THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. TRIALSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR FEATURED IN THE CONTENT OF THE SITE OR ANY BANNER OR OTHER ADVERTISING, AND TRIALSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR USE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICE AND ANY CONTENT IS SOLELY AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (1) THE DECISIONS THAT YOU MAY MAKE REGARDING THE SERVICE; (2) USE OF THE SERVICE OR CONTENT INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU IN CONNECTION WITH THE SERVICE OR THROUGH YOUR ACCOUNT, COMPUTER SYSTEM OR MOBILE DEVICE OR ANY LOSS OF DATA; AND (3) ANY LOSS, DAMAGE OR OTHER EFFECTS ON YOU THAT MAY RESULT FROM USE OF THE SERVICE OR ANY CONTENT OR THE FAILURE TO COMPLY WITH THESE TERMS. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TRIALSITE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY OR IN ANY WAY AFFECT THE DISCLAIMERS OF WARRANTY OR LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THESE TERMS.

Limitation of Liability

IN NO EVENT WILL TRIALSITE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES ARISING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND USE OF THE SERVICE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) US$10. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIALSITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (II) ERRORS OR OMISSIONS IN ANY CONTENT OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; OR (III) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You will defend, indemnify, and hold harmless TrialSite, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and legal expenses, that arise from (i) your use or misuse of, or access to, the Service; (ii) your violation of the Terms of Use; or, (iii) the infringement by you, or any third party using your account, of any intellectual property, privacy, publicity or other right of any person or entity. TrialSite reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TrialSite in asserting any available defenses. This obligation survives indefinitely the termination and/or expiration of these Terms of Use and/or your status as a TrialSite User.

International Use

TrialSite makes no representation that the Content is appropriate or available for use in locations outside of the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and TrialSite agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use will be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of law rules, and all applicable federal laws.

ALL DISPUTES RELATING TO USE OF THIS SITE OR SERVICES WILL BE RESOLVED THROUGH CONFIDENTIAL AND BINDING MEDIATION. A mediator appointed by the parties will assist in attempting to resolve the dispute. Each party acts in an individual capacity and not as part of a class. The mediator may not consolidate claims of more than one party, or preside over any class proceeding. If the parties are unable to agree on a settlement, the mediator will act as an arbitrator to resolve the issue(s) on which the parties fail to agree and will impose a final and binding resolution on the parties with the effect of an arbitration decision. The mediator’s final and binding resolution will constitute an arbitration award and will be enforceable under the Federal Arbitration Act.

You expressly agree that the exclusive jurisdiction and venue for enforcing this binding mediation agreement, or any litigation arising in the event this binding mediation agreement is held to be unenforceable, will be only the state or federal courts located in Utah, and you further agree and submit to the exercise of personal jurisdiction and venue of such courts. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

BY USING THIS SITE OR SERVICES, YOU AGREE TO THE TERMS OF THE BINDING MEDIATION AGREEMENT, AND YOU GIVE UP YOUR RIGHT TO ASSERT OR DEFEND A CLAIM IN COURT AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING.

Miscellaneous

The Terms of Use are the entire agreement between you and TrialSite with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TrialSite with respect to this Site or any other of the subject matter hereof. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. No failure of TrialSite or the Site to enforce any of its rights under these Terms of Use will act as a waiver of such rights. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with TrialSite’s prior written consent. TrialSite may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Unless otherwise indicated, the Terms of Use and all Content provided by TrialSite are copyright TrialSite, all rights reserved. TrialSite, and the TrialSite logo, as well as any other logos or brand features owned by TrialSite, are trademarks or service marks of TrialSite or otherwise proprietary to TrialSite. The names of actual companies and products mentioned on the Site may be the trademarks or service marks of their respective owners.

Contact

You can contact us at the following address:

TrialSite, Inc
159 W Broadway, Suite 200
Salt Lake City, UT 84101

[email protected]