Effective January 18, 2015
Welcome! Trialsphere is an online community website (the “Site”) that connects individuals interested in clinical research participation with Research Professionals (the “Service”). By using this Site, you agree to be bound by these Terms of Use (this “Agreement”). If you wish to use this Service, read these Terms of Use and indicate your acceptance of them by checking the appropriate box on the registration page. If you do not agree with any of these Terms, you should not register on the Site.
This Agreement sets out the legally binding terms of your use of this Service. This Agreement includes our policy for content posted on the Service and policies regarding the Site and Service.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. Your continued use of this Service after any changes are posted confirms your consent to such changes. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
YOU MAY NOT USE THIS TRIALSPHERE SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY TRIALSPHERE SERVICE MAY BE TERMINATED IMMEDIATELY IN TRIALSPHERE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON.
This Site Does Not Provide Medical Advice
All of the material provided on the Site, such as text, member profiles, graphics, images, messages, forum postings, instant messages, emails and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice. Trialsphere may reasonably verify only that a user of the Site is gainfully employed in a field relating to clinical research. A “Verified Researcher” badge does not imply that a user is qualified to provide any information which may influence your decisions regarding your health or participation in a research study, i.e. guidance, advice, treatment options etc. Always seek the advice of your own physician with any questions you may have regarding your health or if you are considering participation in a research study. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Trialsphere does not recommend or endorse any specific research participation, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Trialsphere or any Trialsphere Members is solely at your own risk.
Membership Eligibility
Trialsphere is viewable to the public. Those who have completed the Trialsphere registration form are deemed “Members”. By registering as a Research Participant Member on Trialsphere, you agree that you express interest in clinical research participation and that you consent to be contacted by clinical Research Professional Members including, but not limited to clinical trial investigators, clinical research coordinators, clinical research assistants, and clinical research recruiters.
To become a Member, Trialsphere requires that you are either a:
(a) individual who is seeking participation in a clinical research study,
(b) caregiver for a person who may eligible to participate in a clinical research study,
(c) clinical research professional (e.g. clinical trial investigator, clinical research coordinator, clinical research assistant, clinical research recruiter etc.),
(d) guest with legitimate, clinical research related reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants or
(e) guest as authorized by a Trialsphere.
By registering as a member you represent that you are age 18 or older.
Registration.
Limited features of this Service may be viewed without registering, such as articles. Registration is required in order to use all of the features of the Service, including creating a profile, publishing content (hereinafter, “post” or “posting”), accessing instant messaging, accessing private messaging and communicating with other Members. Registration requires specific information including a valid email address and date of birth. Additional, optional information may also be provided at registration. Trialsphere will send you an e-mail at the address you provide to confirm your Membership. Upon receipt of the confirmation email, you may click on the appropriate link contained in the email and your membership will then be activated. You must provide current, complete, and accurate information during registration. Updating this information is your responsibility.
When completing the registration form, you will be required to choose a user name and password. User names are subject to Trialsphere approval. All user names may be displayed publicly. You should not include any personally identifiable information on your user name. Though Trialsphere allows you to post a profile picture, it is not required to do so. Do not post any profile information which may make you uncomfortable or if you have any privacy concerns.
It is your responsibility to preserve the confidentiality of your password and account. You are solely responsible for any and all activities that occur under your account. You agree to notify Trialsphere immediately of any unauthorized use of your account. Trialsphere is not liable for any loss or consequences that may result of someone else using your account, either with or without your knowledge.
Posting and Use of Content
After you have confirmed your membership and your account is activated, you will be able to post Content on the Service and interact with other Trialsphere Members. Content which is posted is viewable to the public. You are solely responsible for the Content that you post or transmit to other Members by using the Service. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Trialsphere an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, and distribute such information and content and to prepare derivative works of such information and content, and to grant and authorize sub-licenses of such content.
Acceptable and Lawful Use of Site by Members
Trialsphere does not control and is not responsible for any messages, forum postings, photographs, profiles, content or other materials posted or delivered to the Service by you or other Members. Trialsphere is not obligated to and does not frequently review, monitor, delete, or edit postings. However, Trialsphere reserves the right to do so at any time in its sole discretion, for any reason or no reason. Trialsphere may, with or without notice, delete or edit any posting that is deemed by Trialsphere or Trialsphere members to expose sensitive research data. Trialsphere may also delete or edit any posting that is objectionable, offensive, illegal, or in violation of this Agreement with or without notice. You agree that you have no recourse against Trialsphere if we refuse to post, or if we delete or refuse to delete, any post by you or other members. We encourage you to notify Trialsphere of any inappropriate or illegal content and content which may expose sensitive research study data.
By Using the Service, you agree that you will not:
(A) Post or deliver any content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity
(B) Obtain or attempt to obtain any material through any means not intentionally made available through this Service, including harvesting or otherwise collecting information about others such as e-mail addresses,
(C) Post or deliver any content that is false, inaccurate or misleading, including but not limited to impersonating another person or entity,
(D) Disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of the Member,
(E) Post or deliver, or provide links to, any postings containing material that could be considered defamatory, false, libelous, harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable,
(F) Post or deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships,
(G) Use this Service in any manner which could damage, disable, overburden, impair, disrupt or limit the functioning of any software, hardware, or telecommunications equipment or interfere with the use of the Service or other users computer equipment,
(H) Attempt to gain unauthorized access to this Service, computer system, other accounts, or networks connected to this Service, through any means.
Digital Millennium Copyright Act
If you are a copyright owner or agent and believe that any content on this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act by providing the following information to the below email address:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work(s) claimed to have been infringed;
- a description of the location on the Site of the allegedly infringing material(s);
- your address, telephone number, and email address;
- a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are a Trialsphere Member and your content was removed as a result of a notification described above and you believe that your post was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request that your content be re-posted.
Any copyright issues should be reported to:
Trialsphere Administrator
Telephone: 347-841-6525
email: admin@Trialsphere.com
Links to Other Websites
Trialsphere may contain links to websites that are not under Trialsphere’s control. Any link posted does not imply endorsement by Trialsphere of such site. Trialsphere is not responsible for any content of linked sites.
Membership Termination
You agree that Trialsphere may, with or without cause, terminate your Trialsphere or limit your access to the Site without prior notice. Circumstances which may lead to membership termination include, but are not limited to the following: (a) breaches or violations of this Agreement or other Trialsphere agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a cancellation request by you, (d) unexpected technical issues or problems. Trialsphere has no obligation to maintain, store, or transfer to you information or content that you have posted on to the Site.
In the event of deactivation or termination, other terms of this Agreement will remain in effect. You may terminate your membership at any time by emailing admin@trialsphere.com and including “TERMINATE” in the subject line.
Fees
Membership with Trialsphere is free for individuals interested in clinical trial participation and Research Professional members. Trialsphere reserves the right to, from time to time, change the terms of this Agreement and alter pricing and/or to provide additional optional services for a fee. If, for any reason, you believe you are entitled to a refund, please send an email to: admin@trialsphere.com . Please include “Refund” in the email subject line.
Disclaimer of Warranties
Any information, content or opinions expressed in postings on this Service are not necessarily those of Trialsphere, its related entities, or of any research organization to which this Service is linked. Trialsphere is not responsible for any false or inaccurate content posted on the Service, whether by Trialsphere, its Members, or due to equipment or technology used by the Service. Under no circumstances will Trialsphere be responsible for any loss or damage, including personal injury or death, resulting from your use of this Service, any content posted on this Service or transmitted to Members, or any interactions between Members of the Service, whether online or offline.
YOUR USE OF, AND DEPENDENCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS TRIALSPHERE SERVICE IS AT YOUR OWN RISK. ALL CONTENT CONTAINED WITHIN OR MADE AVAILABLE THROUGH THIS SERVICE, WHETHER PROVIDED BY TRIALSPHERE, THIRD PARTIES, OR OTHER MEMBERS, ARE PROVIDED ON AN “AS IS” BASIS. TRIALSPHERE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRIALSPHERE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TRIALSPHERE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS TRIALSPHERE SERVICE WILL FUNCTION ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL MATERIAL. TRIALSPHERE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS TRIALSPHERE WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
Limitations on Liability
In no event shall Trialsphere or any organization, company, licensors or others involved in making available the Service and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Trialsphere has been advised of the possibility of damages.
Indemnification
You agree to indemnify and hold harmless Trialsphere and its other partners from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable legal and accounting fees, resulting from your breach of any provision of this Agreement.
International Users
This Trialsphere website is governed by and operated in accordance with the laws of United States of America and is intended for residents of the United States. Trialsphere makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge that this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
Member Notices
If you register as a Member, you agree that Trialsphere may send notices to you by email at the email address you provide when registering to become a Member (or which you later update using the functionality of the Service).
Member Disputes.
You are solely responsible for your interactions with other Trialsphere Members. Trialsphere reserves the right, but has no obligation, to monitor disputes between you and other Members.
Governing Law and Venue
Any dispute arising under this agreement shall be decided by mediation or binding arbitration. A demand for mediation shall be filed in writing with the other party and with the American Arbitration Association. This agreement shall be governed by the laws of the state of New York and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the state of New York, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the state of New York.
Miscellaneous Terms
Trialsphere may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
Trialsphere Inc.
Attn: User Agreement Issues
Telephone: 347-841-6525
email: admin@Trialsphere.com
Update 7/22/2015: “Fees” – Changed to reflect that all Trialsphere features are also free to Research Professional members