Effective Date: January 24, 2021
Welcome to BuildClinical LLC (the “Site"), owned and operated by BuildClinical LLC (“BuildClinical", “we", “us", “our"). We assist research institutions and entities (our “Clients") in identifying and managing participants (“Studies") for their ongoing research. Our Site serves as a platform to recruit for Studies run by these Clients.
By using or accessing any BuildClinical services (the “Services"), you agree to be bound by the following Terms (this “Agreement") governing the use of the Site and our Services.
Kindly survey this Agreement and the Policies carefully. In the event that you do not consent to the Terms contained in this Agreement (counting the provisions of the Policies), you should not utilize the Site or our Services.1. BuildClinical Platform
By submitting your Personal Data, you understand and agree that if the phone number you provide is for a mobile phone, we may contact you using an auto-dialer, prerecorded or artificial voice message, or SMS text message. You also understand that your mobile carrier may charge message or data fees.
Our Client's Studies are separate in nature. As a result, this implies that we (BuildClinical) cannot coordinate each Candidate with a Study. By signing up as a Prospective Participant, there is no assurance that you will be reached by BuildClinical. Moreover, BuildClinical claims all authority to dismiss Candidates in any way, shape or form. The Services available to Prospective Participants will be restricted to considering them for Studies, endeavoring to contact the individuals who may meet the capability standards, and providing infrastructure to enable correspondence between you and the specialists leading the Study.
Our Services include maintaining your Personal Data for future business endeavors. Unless you disclose to us that you no longer wish to continue utilizing our Services, we will consider the Personal Information you submit through the Screening Form for future studies, healthcare products, and Clients' services. 2. Information Accuracy
You speak to and warrant that all data you provide to us will be honest and exact as far as you know.3. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site. Further, this Site is intended for the use of individuals ages 13 and above. The use of this Site and Services is strictly prohibited by individuals below the age of 13
We enforce strict removal of any information of a minor under the age of 13, submitted by the minor. Further, if you are over the age of 13 but under the age of 16, your legal parent or guardian must approve the information you submit on your behalf. Parents or legal guardians may provide us with information about their minor children under 13 (or 16, if located in California). To comply with applicable law, our Site is not intended for children under 13 years of age (or 16, if located in California) to directly enter information about themselves. We do not knowingly collect data directly from minors under 13 (or directly from those under 16 in California). If you are under 13 (or 16 in California), do not, without legal parent or guardian consent, directly provide any information on our Site such as your name, address, telephone number, email address.
If we are informed of unknowingly collecting information directly from a person over the age of 13 but under the age of 16 without a legal parent or guardian consent, we will delete that information. If we are informed of unknowingly collecting information directly from a minor under 13 (or 16 in California), we will delete that information. If you believe we might have collected any information directly from a minor under 13 (or from a minor under 16 in California), please contact us at firstname.lastname@example.org
BuildClinical hereby grants you a restricted, revocable, nonexclusive permit to utilize the Site exclusively for your very own utilization and not for republication, circulation, task, sublicense, deal, arrangement of subsidiary works, or other use. You make a deal to avoid replicating materials on the Site, or figure out or break into the Site.5. Use of Site
The Site is for your personal use only. You agree to provide us with accurate information, obey the law, and not to use this Site for business purposes. If you agree to these Terms of Service, you may use our Services and be considered for our Client's Studies. If you use this Site in ways not intended for use that disregard our Terms of Service, you may be subject to liability for such unauthorized use.
You may not access the Site in an unauthorized fashion or use automated programs to gather information off of the Site, for data mining, for data extraction, for data harvesting, or for any other purpose. You cannot reverse engineer the Site or access the source or metadata for any reason. You must not use the Site to transmit or send unsolicited commercial communications, including other Site users. You must not attempt to discover the identities or Personal Information of any other Site users. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not use the Site for any purposes related to marketing without our express written consent. If taken to another site, we have no control over sites we link to, and their information may change without our knowledge.6. Restricted access
Unless given specified access, access to certain areas of our Site is restricted. We reserve the right to restrict access to other areas of our Site, or indeed our whole Site, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our Site or other content or Services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.7. Information on the Site
All information found on the Site is provided for general informational purposes. Our Site does not provide medical or professional advice and is not intended to, and should not, replace medical advice provided by your physician or healthcare provider. There is no guarantee that the information you provide for us will qualify you for any of our Client's Studies or guarantee enrollment. There is no guarantee that you will receive any treatment, medical results or outcomes from providing your information.8. Advertising Policy
If you breach these Terms of Service in any way, or if we reasonable suspect you have breached these Terms of Service in any way, we may:
● issue you one or more formal warnings;
● temporarily suspend your access to the Site;
● permanently suspend your access to the Site;
● block your IP address from access to the Site
● contact your internet service provider to request you be blocked from accessing the Site;
● Bring court proceedings against you for breach of contract.
Where we suspend or restrict or block your access to our Site or a part of our Site, you must not take any action to avoid such suspension or restriction or blocking (including without limitation creating and/or using a different account or name).10. Copyright Infringement
All material on the Site, including design, text, images, and logos, are owned by BuildClinical, either through copyright or trademark, unless otherwise indicated. All rights are reserved by BuildClinical. Content may not be copied, reproduced, transmitted, distributed, downloaded, or transferred in any form or by any means without BuildClinical's prior written consent and with express attribution to BuildClinical. If you have any questions about these Terms, including if you feel your copyright has been violated, please contact us at Support@BuildClinical.com
.11. Intellectual Property
We allow you to utilize our Site based on the assumption that you are using it in accordance with our Policies. We own our Sites, including code and all aspects of “look and feel" of the Site, and we utilize the information that you provide for us.
We and our licensors and service providers have the right to our intellectual property including but limited to our copyrights and trademarks. You may not alter our trademarks, copyrights, patents, or any other intellectual properties. You may also not sell or make commercial use out of our Site, Services, and intellectual property as listed above.12. Termination
This Agreement shall be effective immediately upon your acknowledgment and will proceed insofar as you keep on utilizing the Site and the Services, or until your utilization of the Site and Services is ended by BuildClinical. You may end your utilization of the Services whenever by sending a solicitation to: Support@buildclinical.com
. BuildClinical may terminate your use of the Site and Services at any time, with or without notice, for any reason.
Although, Sections 2, 15, 16, 17, 18, 20 of our Terms of Service will survive any termination of this Agreement by either party.13. Changes to this Agreement
We may change this Agreement at our discretion after posting the altered terms with another significant date. Any such adjustments will be taking effect immediately, except if in any case noted by a later viable date. You will be able to view the updated Agreement at any point on our Site. You should visit the Site and audit the Agreement intermittently to decide whether any progressions have been made. Your progressing utilization of the Site and our Services will establish your unrestricted acknowledgment of this Agreement, and your acknowledgment of any progressions or corrections.14. Successors and Assignments
The rights and obligations of the parties under this Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, successors and permitted assignments. This Agreement is a personal contract, and, except as specifically set forth herein, the rights and interests of the Executive herein may not be sold, transferred, assigned, pledged or hypothecated by any party without the prior written consent of the others. The term “successor" as it relates to BuildClinical, includes but is not limited to, any successor by way of merger, consolidation, acquisition, or sale of all or substantially all of such assets or equity interests.15. Indemnification
You agree to indemnify, defend, and hold harmless BuildClinical, its directors, officers, beneficial owners, and employees, from any liability, loss, claim and expense, including attorneys' fees, related to your violation of this Agreement. 16. Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS", AND “AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE EXTENT ALLOWABLE BY LAW, BUILDCLINICAL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE SITE AND SERVICES.17. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BUILDCLINICAL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR OUR SERVICES, EXCEPT AS REQUIRED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE SITE AND SERVICES.18. Waiver
The failure of BuildClinical to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.19. Severability
In the event that any arrangement of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that arrangement will be restricted on the lowest level required with the goal that this Agreement will in any case stay in full power and impact.20. Applicable Law
The laws of the State of New York, without regard to its conflict of laws provisions, will govern this Agreement and any dispute that may arise between you and BuildClinical. These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York.21. Entire Agreement
Last Revised: January 24, 2021