Terms & Conditions
This Terms of Service (the “Terms”) describes the rights and responsibilities
that apply to your use of TrialSites.Info website, owned and operated by PharmaTent.
Please read
the Terms carefully before using the Service. If you don’t agree to the Terms, as well as
TrialSites.Info Privacy Policy, you may not use the Service. If you are entering into the Terms on behalf of
a company or other legal entity, you represent that you have the authority to bind such entity to the Terms.
If you do not have such authority, you must not accept the Terms or use the Service on behalf of such
entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of
residence and are fully able and competent to enter into, abide by and comply with the
Terms.
TrialSites.Info Account: If you create an account on the Service (your
“Account”), you are responsible for maintaining the security of your Account and its Content (as
defined below), and you are fully responsible for all activities that occur under your Account and any other
actions taken on the Service. You must not describe or assign content to your Account in a misleading or
unlawful manner, including in a manner intended to trade on the name or reputation of others, and
TrialSites.Info may change or remove any description or keyword that it considers inappropriate or unlawful,
or otherwise likely to cause TrialSites.Info liability. You must immediately notify TrialSites.Info of any
unauthorized uses of your Account or any other breaches of security. TrialSites.Info will not be liable for
any acts or omissions by you, including any damages of any kind incurred as a result of such acts or
omissions.
Fees and Renewals: There will be no refunds or credits for partial
months of job postings. Postings will expire at the end of the term (1 or 3 months), you will be sent an
email notice of their expiry.
You take full responsibility for all taxes and fees of any nature
associated with the Service, including any sales tax related to any purchase or sale of services or goods
under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to
determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct
amounts to the appropriate authority.
Your Responsibilities: If you operate an
Account, comment on a screenshot, post material to the Service, post links on the Service, or otherwise make
(or allow any third party to make) material available by means of the Service (any such material,
“Content”), you are entirely responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question constitutes text or graphics. By
making Content available, you represent and warrant that:
The downloading, copying and use of the
Content will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
If your employer has rights to intellectual
property you create, you have either (i) received permission from your employer to post or make available
the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to
all rights in or to the Content; you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through to end users any required
terms;
The Content does not contain or install any viruses or other harmful or destructive
content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party sites or boost the search engine
rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to
the source of the material (such as spoofing);
The Content is not obscene, libelous or
defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity
rights of any third party; your Account is not getting advertised via unwanted electronic messages such as
spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional
methods;
Your Account is not named in a manner that misleads your readers into thinking that you
are another person or company. For example, your Account’s URL or name is not the name of a person
other than yourself or company other than your own; and you have, in the case of Content that includes
computer code, accurately categorized and/or described the type, nature, uses and effects of the materials,
whether requested to do so by TrialSites.Info or otherwise.
By uploading Content or otherwise
providing Content to TrialSites.Info, you grant TrialSites.Info the right to use (including the right to
host, index, cache and format) and display your content in connection with providing the service as well as
otherwise on the site and our marketing communications with you and other users and prospective users of the
Service, including without limitation on our emails, marketing channels and other promotional materials
(subject to the requirements set out in the Privacy Policy). To the extent we use your content in our
marketing communications, unless you expressly permit us to do otherwise, we will always cite you as the
owner of such Content. This paragraph will survive the termination or expiry of the
Terms.
TrialSites.Info reserves the right to refuse or remove any Content or terminate or deny
access to your use of the Service for any reason whatsoever.
All Content uploaded are copyright
© of their respective owners.
If you delete content, TrialSites.Info will use reasonable
efforts to remove it from the Service, but you acknowledge that caching or references to the content may not
be made immediately unavailable.
Third Party Websites and Content: We have not
reviewed, and cannot review, all of the material, including computer software, made available through the
websites and webpages to which TrialSites.Info links, and that link to TrialSites.Info. TrialSites.Info does
not have any control over those non-TrialSites.Info websites, and is not responsible for their contents or
their use. By linking to a non-TrialSites.Info website or webpage, TrialSites.Info does not represent or
imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses and other harmful or destructive content.
TrialSites.Info disclaims any responsibility for any harm resulting from your use of TrialSites.Info
website.
Intellectual Property: All material available on the Service and all
material and services provided by or through TrialSites.Info, its affiliates, subsidiaries, employees,
agents, licensors or other commercial partners including, but not limited to, software, all informational
text, software documentation, design of and “look and feel”, layout, photographs, graphics,
audio, video, messages, interactive and instant messaging, design and functions, files, documents, images,
or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof
(collectively, the “Materials”), are owned by us or our licensors or service providers, and are
protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to
your compliance with the Terms, during the term of the Terms, TrialSites.Info grants to you a
non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the
Materials that we make available to you.
If TrialSites.Info, in its sole discretion and without
notice, considers that there is an immediate security or operational risk to the Service, any of its, your
or a third party system, then TrialSites.Info may immediately suspend access to or use of the Service. The
suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of
security, confidentiality and data is paramount. TrialSites.Info has no liability to you for suspending the
Service under this provision.
This section does not apply to Content; however you agree that any
ideas, suggestions, concepts, processes or techniques which you provide to TrialSites.Info related to the
Service or TrialSites.Info or its business (“Feedback”) are and will be TrialSites.Info’s
exclusive property without any compensation or other consideration payable to you by TrialSites.Info, and
you do so of your own free will and volition. TrialSites.Info may or may not, in its sole discretion, use or
incorporate the Feedback in whatever form or derivative TrialSites.Info may decide into the Service or its
business or other products. You hereby assign all rights on a worldwide basis in perpetuity to
TrialSites.Info in any Feedback and, as applicable, waive any moral rights.
For the purposes of
the Terms and the Privacy Policy, “personal information” is any information about an
identifiable individual, as defined in our Privacy Policy.
TrialSites.Info retains the right to
use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose
of enhancing and providing the Service. “Aggregated Data” means data does not contain personal
information and which has been manipulated or combined to provide generalized, anonymous information. Where
you choose to utilize or connect certain services from third parties with the Service, you agree that
TrialSites.Info may share your lead data with such designated third parties. You are still responsible for
any and all personal information that is part of any Content.
Changes:
TrialSites.Info reserves the right, at its sole discretion, to modify or replace any part of the
Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or
access to the Service following the posting of any changes to the Terms constitutes acceptance of those
changes. TrialSites.Info may also, in the future, offer new services and/or features through the Service
(including, the release of new tools and resources). Such new features and/or services shall be subject to
the Terms.
Disclaimer of Warranties: Your use of the Service and all Content
forming part of or related to the Service, including any Content you upload or submit and any third party
software and Content, are at your sole responsibility and risk. The Service are provided on an “as
is” and “as available” basis. TrialSites.Info expressly disclaims all representations,
warranties, or conditions of any kind with respect to the Service, whether express or implied, including,
but not limited to, any implied warranties or conditions of merchantability, fitness for a particular
purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and
non-infringement.
TrialSites.Info makes no representations that the service is appropriate or
available for use in locations other than United States. Those who access or use the Service from other
jurisdictions do so at their own volition and are responsible for compliance with local law. We handle
complaints of copyright infringement in accordance with our Copyright Policy.
Limitation
of Liability. You agree that, under no legal theory, including, but not limited to negligence,
breach of warranty or condition, breach of contract or tort, will TrialSites.Info or its owners, officers,
directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your
behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for
loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment,
facilities or services (even if TrialSites.Info has been advised of the possibility of such damages),
arising from or relating to the Terms or your use of or your inability to use the Service, or for any
damages arising from or related to the Terms. TrialSites.Info’s total aggregate liability from any and
all claims under the Terms is limited to the total amounts you paid to TrialSites.Info in the one (1) year
immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction
does not allow the exclusion or the limitation of liability for consequential or incidental damages,
TrialSites.Info’s liability in such province, state or jurisdiction will be limited to the furthest
extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary,
TrialSites.Info will not be liable to you or any third party acting on your behalf in any way with respect
to a trial program or your provision of an individual’s personal information to TrialSites.Info or
through the Service. You further agree that the foregoing limitations will apply with respect to third party
liability of any kind.
The foregoing limitations will also apply with respect to any damages
incurred by reason of any content or services provided on any third party sites or otherwise provided by any
third parties other than TrialSites.Info and received by you through or advertised on the Service or
received by you on any third party sites. You also agree that TrialSites.Info will not be responsible or
liable for any loss or damage of any kind incurred as the result of any interactions or dealings with
advertisers or as the result of the presence of such advertisers on the Service.
With respect to
any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your
right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member
of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any
such dispute.
You agree that you will not bring a claim under or related to the Terms more than
one (1) year from when your claim first arose.
General Representation and Warranty:
You represent and warrant that (i) your use of the Service will be in strict accordance with the
Terms, the Privacy Policy, the Community Guidelines and all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the USA or the country in which you reside) and (ii) your use
of the Service will not infringe or misappropriate the intellectual property rights of any third
party.
Indemnification: You agree to indemnify, defend, and hold harmless
TrialSites.Info, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology
providers, service providers or other partners, and each of their respective officers, directors, agents,
shareholders, employees and representatives (together, the “Indemnified Parties”), from and
against any third party claim, demand, loss, damage, cost, or liability (including, reasonable
attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the
Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service,
including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the
Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any
rights, including intellectual property rights, of a third party and otherwise as set out herein.
TrialSites.Info reserves the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify TrialSites.Info and you agree to cooperate with
TrialSites.Info’s defense of these Claims. You agree not to settle any matter without the prior
written consent of TrialSites.Info. TrialSites.Info will use reasonable efforts to notify you of any such
Claims upon becoming aware of it.
Miscellaneous: If there is any dispute between
you and TrialSites.Info about or involving the Terms, the Service, you hereby agree that the dispute will be
governed by and construed in accordance with the laws of Pennsylvanis, USA, without regard to its conflict
of law provisions.
If any portion of the Terms is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or
unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken
from the Terms.
You agree that the Terms are specifically enforceable by TrialSites.Info through
injunctive relief and other equitable remedies without proof of monetary damages.
You agree that
if TrialSites.Info does not exercise or enforce any legal right or remedy which is contained in the Terms
(or which TrialSites.Info has the benefit of under any applicable law), this will not be taken to be a
formal waiver of TrialSites.Info’s rights and that those rights or remedies will still be available to
TrialSites.Info.
The Terms are the entire agreement between us related to the subject matter in
the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or
discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or
not the parties act under an unsigned “electronic” agreement or rely on such an unsigned
agreement.