Acceptance of Terms
Rules and Conduct
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;
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.
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
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.
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:
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.
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.
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.
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.
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.
You can contact us at the following address:
159 W Broadway, Suite 200
Salt Lake City, UT 84101