Terms Of Service

1. ACCEPTANCE OF THESE TERMS

This Agreement contains the Terms of Use governing your access and use of any Trialsnearyou websites and applications (collectively “Sites”). These Terms of Use govern the use of the Services by you or any organization on whose behalf you use the Services (collectively referred to herein as you or “User”).

Please read both these Terms of Use and our Privacy Policy carefully. By using any Trialsnearyou Sites or Services, you accept and agree to be bound and abide by these Terms of Use and consent to our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Trialsnearyou’s Sites.

By using Trialsnearyou’s Sites, you represent and warrant that you are of legal age to form a binding contract with Trialsnearyou and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Trialsnearyou Sites or Services.

Notice of Arbitration Agreement and Class Action Waiver

If you are a resident of the United States (including its possessions and territories), by accepting these Terms of Use, you are agreeing to the Arbitration Agreement and Class Action Waiver described in Section 15.

2. CHANGES

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. The date posted at the bottom of this page indicates the date of Trialsnearyou’s most recent review or modification of these Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. NOT MEDICAL ADVICE

No Services on any Trialsnearyou Site should be used as a substitute for discussions with or evaluations from qualified health care professionals. Although we seek to facilitate participation by qualified individuals in appropriate clinical research studies, the prospect of such participation should not cause you to forgo needed attention to medical issues. If you feel you have a medical condition, please discuss this with a qualified health care professional.

4. YOUR RIGHTS TO USE THE SERVICES AND LIMITATIONS OF THOSE RIGHTS

Subject to your compliance with these Terms of Use, Trialsnearyou grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms of Use.

You understand and acknowledge that: (a) the Services include content that is protected by copyrights, trademarks, or other intellectual property and proprietary rights (“Rights”); (b) the Rights are valid and protected in all media and technologies existing now or later developed; and (c) except as otherwise set forth, these Terms of Use and the applicable copyright, trademark, and other laws govern your use of such content. You shall have the burden of proving that any information, software, image, or any other content included in the Services is not protected by Rights. You acknowledge that you will not acquire any Rights by downloading or otherwise being provided such materials.

The rights granted to you in the paragraph above and elsewhere in these Terms of Use are subject to the following limitations:

- You agree to use the Services only for lawful, personal, and informational purposes, and you agree that you will not use any resource made available by or for the benefit of Trialsnearyou (together “Resources”) in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party; You agree not to copy, reproduce, distribute, display portions of, or link to any Trialsnearyou Resources protected by the Rights for commercial purposes without our prior express written consent;

- You agree not to post on or transmit into any Trialsnearyou Resources any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;

You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine any Trialsnearyou Resource for information or to fill out forms on any Trialsnearyou Resource, that you will not circumvent any technical measures implemented to prevent or limit such access and that you will comply with the restrictions in any robot exclusion header;

- You agree not to use any messaging capability included in Trialsnearyou Resources for the delivery of unsolicited bulk email; and 

- You will not circumvent or attempt to circumvent any security or access control technology implemented on any resource available as part of the Services (including any Trialsnearyou Site), or any servers, network or associated systems or physical premises operated by or for the benefit of Trialsnearyou.

Trialsnearyou reserves the right to view, monitor, and record activity on Trialsnearyou Sites without notice or your permission. Any information obtained by monitoring, reviewing, or recording activity on Trialsnearyou Sites is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on Trialsnearyou Sites. Trialsnearyou will also comply with all court orders involving requests for such information.

5. OWNERSHIP AND COPYRIGHT PROTECTION

The Trialsnearyou Resources are protected by copyright under copyright laws, and are owned or controlled by, or licensed to, Trialsnearyou or the party listed as the provider of the applicable Trialsnearyou Resources. Trialsnearyou also owns a copyright in the Trialsnearyou Sites as a collective work and/or compilation and database rights arising from the selection, coordination, arrangement, and enhancement of the content on Trialsnearyou Sites. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY Trialsnearyou RESOURCE CONTENT IS PROHIBITED. Trialsnearyou reserves for itself or on behalf of its licensors all rights not expressly granted by these Terms of Use.

In your use of the Services in accordance with the limited rights granted under these Terms of Use, you agree to maintain and abide by all copyright, trademark, and other notices contained in Services, or if none, you agree to abide by the following copyright and trademark notice with respect to such downloaded materials:

© 2000-2014 Trialsnearyou, Inc. Trialsnearyou, and any and all other names, logos, and icons identifying Trialsnearyou’s products, services, information, and other materials are proprietary marks of Trialsnearyou, Inc. Other company and product names used in the Services are properties of their respective owners. Trialsnearyou marks may be used publicly only with permission from Trialsnearyou. All rights reserved.

6. THIRD-PARTY CONTENT AND PRODUCTS; LINKS TO OTHER SITES

Some or all of the information and other materials or products available as part of the Services have been prepared or are being offered by third parties not affiliated with Trialsnearyou. Trialsnearyou makes no warranties with regard to such information or other materials or products, nor does Trialsnearyou assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such products.

The Services may include links to sites and services not provided by Trialsnearyou. Your interaction with these sites and services will be subject to the terms (including privacy policies) established by such sites or services. We recommend that you review these third-party terms prior to your use of such sites and services.

Trialsnearyou is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through or advertised on such sites or services, or their privacy or other practices.

7. PRIVACY AND SECURITY

We respect your right to privacy. We will use any personally identifiable information collected through the Services and Trialsnearyou Sites (“Personal Information”) in accordance with the Trialsnearyou Privacy Policy, located at https://www.Trialsnearyou.com/privacypolicy.html. Please read the Trialsnearyou Privacy Policy before using any of the Services.

While we have implemented measures designed to protect against the unauthorized access, interception, loss, misuse and or alteration of the information under our control, we do not guarantee that events of unauthorized access, interception, loss, misuse and or alteration of the information under our control will not occur. In the event of any unauthorized access, interception or other misuse, we will not be responsible for such unauthorized access, interception or misuse, or any direct, indirect, special, incidental, consequential or other damages (including lost profits) suffered by you, even if we have previously been advised of the possibility of such damages. We do not warrant, either expressly or implied, that the information provided by any user will be free from unauthorized access, interception or misuse.

8. YOUR PASSWORD

Use of certain portions of the Services requires a password. You will be asked to choose a unique login username (“User Name”) and password (“Password”). Each User Name and corresponding Password may only be used by one User. You understand and acknowledge that anyone with knowledge of both your User Name and Password may gain access to any information, including personal information, you have stored in the password-protected portion of the Services.

You agree to keep your Password secret, to notify us if your Password is lost or compromised, and to be solely responsible for the confidentiality and use of your respective Password(s), as well as for any communications entered through Trialsnearyou Sites using such Passwords.

9. TERMINATION

Trialsnearyou reserves the right, in its sole discretion, to immediately modify, suspend or terminate Services and/or your access to some or all of them without cause and without notice.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

YOUR USE OF ANY SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Trialsnearyou DISCLAIMS ALL WARRANTIES REPRESENTATIONS AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS OF USE AND WITHOUT LIMITATION DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. Trialsnearyou MAKES NO WARRANTY THAT Trialsnearyou SITES WILL MEET YOUR REQUIREMENTS, OR THAT Trialsnearyou SITES WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SERVICES. Trialsnearyou IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Trialsnearyou ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

11. LIMITATION OF LIABILITY

Trialsnearyou SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF Trialsnearyou HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Trialsnearyou’s liability is limited to the extent permitted by law, thereby minimizing Trialsnearyou’s liability to you to the lowest amount permitted by applicable law.

12. INDEMNIFICATION

You agree to indemnify and hold each of Trialsnearyou, its subsidiaries, affiliates, officers, directors and employees, and any third parties providing content included in the Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Services.

13. ASSIGNMENT

Trialsnearyou expressly reserves the right to transfer its rights and obligations under these Terms of Use, in part or as a whole, to another legal entity as part of any sale or merger of all or part of Trialsnearyou, Inc. with a separate legal entity.

14. APPLICABLE LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of laws provisions. Any action to enforce these Terms of Use will be brought in the federal or state courts in and for the State of Florida, and all parties to these Terms of Use expressly agree to be subject to the jurisdiction and venue of such courts.

15. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

A. Arbitration Agreement

Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Trialsnearyou’s Services, Sites, or Resources, or relating in any way to Trialsnearyou’s communications with you, shall be finally resolved by binding arbitration.

This mandatory Arbitration Agreement applies to you and Trialsnearyou; however, it does not govern any Claim for personal injuries that you allege against a healthcare provider or product manufacturer, nor does it bar you from making use of applicable small claims court procedures in appropriate cases. This Arbitration Agreement also does not bar Trialsnearyou from seeking injunctive relief in any court to preliminarily enjoin your infringement or other misuse of intellectual property rights, or any of the Services or Resources that we allege in good faith violates these Terms of use.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Trialsnearyou are each waiving the right to a trial by jury or to participate in a Class Action. This Arbitration Agreement shall survive any termination of these Terms of Use.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Trialsnearyou, Inc., 2 Walnut Grove Drive, Suite 375, Horsham, PA, 19044 United States. If you are an individual, the arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators shall be one. The arbitration will be conducted in the English language in the city of Miami, Florida. Florida law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause below entitled “Class Action Waiver.”

B. Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

16. WAIVER AND SEVERABILITY

No waiver of by Trialsnearyou of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Trialsnearyou to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. MISCELLANEOUS

If any provision of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, then that provision will be excluded from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are the complete and exclusive statement of the agreement between you and Trialsnearyou concerning the Services. They replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Trialsnearyou.

18. CONTACT INFORMATION

Any questions regarding Trialsnearyou Sites and any requests for additional information concerning Trialsnearyou and its products and services may be directed to Trialsnearyou at information@Trialsnearyou.com. However, please note that communications made through that address will not be deemed to constitute legal notice to Trialsnearyou or any of its officers, employees, agents, or representatives in any situation where notice to Trialsnearyou is required by contract or any law or regulation.