Terms of Service
IMPORTANT NOTICE – PLEASE READ
These Terms of Service (the “Terms”) govern the relationship between you and Konexx Inc. (“Konexx”, “we”, “us”, or “our”) regarding your use of the trialgig website, www.trialgig.com, (“Website”). Please read and review these Terms carefully.
The Website provides online information and communications services regarding clinical trials (the “Services”).
KONEXX IS NOT A PROVIDER OF MEDICAL SERVICES. THE WEBSITE AND THE SERVICES ARE NOT INTENDED TO BE A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE AND SHOULD NOT BE TAKEN AS TREATMENT SUGGESTIONS OR RELIED ON AS THE BASIS FOR ANY DECISION OR ACTION.
ALWAYS GET THE ADVICE OF A TRAINED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE BEFORE STARTING ON A COURSE OF TREATMENT OR MAKING ANY CHANGES TO YOUR TREATMENT.
YOU SHOULD NEVER IGNORE PROFESSIONAL MEDICAL ADVICE OR PUT OFF GETTING SUCH ADVICE BECAUSE OF INFORMATION YOU RECEIVED ON OR THROUGH THE WEBSITE OR THE SERVICES. IF YOU NEED MEDICAL CARE, PLEASE CONTACT YOUR HEALTH PROVIDER. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
IT IS EXPRESSLY UNDERSTOOD THAT BOTH YOUR DESIRED COMPENSATION FOR CONSIDERING PARTICIPATING IN A CLINICAL TRIAL AND THE INFORMATION YOU PROVIDE ON YOUR CLINICAL TRIAL PREFERENCES ON TRIALGIG.COM SHALL NOT BE BINDING ON KONEXX. THE BID SHALL NOT CREATE AT ANY TIME A LIABILITY ON KONEXX.
IT IS EXPRESSLY UNDERSTOOD THAT KONEXX DOES NOT GUARANTEE FINDING A CLINICAL TRIAL THAT MATCHES YOUR EXPECTATIONS INCLUDING YOUR COMPENSATION EXPECTATIONS.
IT IS EXPRESSLY UNDERSTOOD THAT BY SIGNING UP WITH TRIALGIG.COM YOU AUTHORIZE KONEXX, CLINICAL TRIAL SITES AND SPONSORS OF CLINICAL TRIALS TO REACH OUT TO YOU.
IT IS EXPRESSLY UNDERSTOOD THAT BY SIGNING UP WITH TRIALGIG.COM YOU AUTHORIZE KONEXX TO SEND YOU COMMERCIAL AND MARKETING OFFERS AS WELL AS OTHER INFORMATION, SUCH AS NEWSLETTERS.
KONEXX TO DOES NOT GUARANTEE FINDING A CLINICAL TRIAL THAT MATCHES YOUR EXPECTATIONS INCLUDING YOUR COMPENSATION EXPECTATIONS.
If you rely on any of the information provided by the Site, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm the information on the Site with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for canceled clinical trials or your inability to participate in clinical trials or any injury resulting therefrom. Studies presented on the Site may not be approved by the participating medical center’s institutional review board, may be canceled, or may not be enrolling patients.
1. Acceptance of Terms and Conditions
2. Modifications of the Terms
Konexx may modify these Terms at any time, and such modifications shall be effective immediately upon either posting of the modified terms or notifying you on the web page for the Terms, by email, or by a notice posted on our Website home page. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Website and Services shall be deemed your acceptance of the Terms as modified.
If you disagree with the modifications to the Terms, you may cancel your registration to the Website at any time by sending us an email to firstname.lastname@example.org.
To use the Services, you must register with the Website. To register, you must provide an email address and, in some cases, a password, as well as certain personal information such as your age, sex, race/ethnicity, postal code, and health conditions (the “User Details”). You are responsible for providing accurate and up-to-date information. Konexx is not responsible for any part of the information you provide, including its correctness or completeness. You agree that Konexx may use your User Details to provide you with personalized services and information.
Please note that some of the information provided by you may be considered “sensitive”. Examples of sensitive personal information you may provide in order to receive personalized Services include details about your race and ethnicity, medicines or health condition(s). For more information, please see our Privacy Notice.
5. Permitted and Prohibited Uses
You should be familiar with how our Website works and read all of our policies. You should be aware of what information is collected on this Website, how it is stored and used. This Website is not intended for use by individuals who have not reached the age of legal majority in their country. Specifically, that is the age at which a person is recognized by law to be an adult and responsible for any legal obligations created by his or her actions.
You are responsible for your use of the Website and Services and for taking reasonable steps to make sure that no unapproved person can access your User Details. It is your responsibility to let Konexx know at email@example.com if you learn that anyone else makes unapproved use of your User Details.
You agree to use the Website and Services only for their intended purposes as communicated to you by us. By using the Website and Services, you agree to
• Use the Website and Services for lawful, non-commercial purposes only;
• Download and print content from the Website only for your personal use;
• Ensure that no unapproved person can access your User Details;
• Change your password and notify Konexx at firstname.lastname@example.org of any unapproved use of your User Details; and
• Provide only true and accurate User Details.
In addition to the grants and restrictions provided by these Terms, you are prohibited from using the Website or Services to:
• Harm our Website or Services;
• Harms the lawful enjoyment by, or the rights of, any other Website or Service user;
• Gain unapproved access to any information on the Website or the Services or the support networks;
• Copy, reproduce, use, or handle any information contained in or provided by the Website for any other reason other than those uses expressly granted by these Terms;
• Use Konexx’s Trademarks or Content without its express, written permission;
• Copy, link, frame or deep-link the Website on any other website without our express, written permission;
• Provide personal identifying information of any person other than you or your company;
• Infringe Konexx’s or any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
• Post any defamatory, trade libel, obscenity, or be unlawfully threatening or harassing;
• Provide false, inaccurate, misleading, or fraudulent information;
• Violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and
• Provide any information or material that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.
The Website and Services are provided for visitors and registrants. All rights, title and interest (including intellectual property rights) in and to the Website, its content (“Content”) and the Services is owned by Konexx, its affiliates, its partners, and/or its licensors, and is protected by copyrights, trademarks, patents, trade secret laws, and other intellectual property and proprietary rights.
You may use the Website, Content, and Services for lawful, personal, non-commercial purposes only as described in these Terms and Conditions. You agree not to copy, sell, resell, or abuse our Website, Content, and/or Services for any commercial purpose.
In the event that you gain any right, title or interest (including intellectual property rights) in or to the Website, the Content or the Services (whether by operation of law or otherwise) you will do all things and execute all documents that we reasonably require in order to assign such right, title and interest to us.
The Website and Services, including the information provided on the Website and these Terms and Conditions, have been drafted in line with the laws of the United States. Konexx makes no claims that the Content, Website, or Services are appropriate for use outside of the United States. If you choose to access the Website and Services from a location outside the U.S., you do so at your own risk except as provided in the Privacy Notice, and you are responsible for obeying local laws.
6. Changes to / Termination of Services
We may from time to time add new Services, replace an existing Service with a new Service, or stop offering an existing Service. Information about new Services will be included on the Website, and these Terms will apply to your use of new Services. Where we plan to stop offering an existing Service, we will try to give you prior notice by posting details in these Terms, by notifying you by email, or by posting on the Website before we make any such change.
We may end and/or suspend your registration without notice for any reason, such as if there has been a violation of these Terms by you or someone else using your User Details. You may terminate your registration to the Website at any time by sending us an email to email@example.com or by clicking the unsubscribe link that is included at the bottom of every automated service email message.
7. Cookies, Other Information We Receive Automatically and Third-Party Links
We receive information about our Web site's visitors through cookies. A cookie is a piece of data or file that a website can send to your Internet browser which may then store it on your computer. Cookies store information such as the pages you visited, the Website features you used, and the amount of time you visited a page. We may use what is called a “session” cookie on our Website: (a) to allow site visitors to personalize their experience based on information, products, and services they are interested in, (b) to track a “user session” within a product or service you signed up for, and (c) to keep users from taking part in a survey or voting more than once. We also use analytics cookie. These cookies are not linked to any personal information that identifies you. For more information about the cookies we use and information we receive automatically through your use of the Website, please view our Privacy Notice.
You always have the right to say no to the storage of cookies on your computer or to disable and/or delete cookies at any time. We suggest that you accept cookies because they allow you to get the most out of your Website experience, including registering or logging into the Services you request. By clicking through the Website and/or registering for Services, that means you have accepted our cookies.
Some cookies are may be set on our Website by our Data Partners and are not in our control. These cookies may allow users to share content from this Website, for example through Twitter, Facebook, etc.
The Website may include links to third-party websites. Konexx has no control over and does not support any non-Konexx owned websites. You accept and agree that we are not responsible for the content or accuracy of any other websites. It is your responsibility to read the terms and conditions and privacy notice of each third-party website you may choose to visit.
8. Additional Terms
Certain services made available through the Website may have additional terms or we may provide special offers including, but not limited to clinical trials, market research, disease education, or contests. If you choose to register for any such service or special offer, you will be presented with any additional terms and conditions that apply at that time. By using those Services, you agree to obey such additional terms and conditions.
Konexx may use non-personal information for research purposes to improve research knowledge. In addition, and in line with our business model, we will make non-personal information available to qualified commercial and non-commercial researchers for research studies, such as clinical trials, market research, and outcomes research.
9. Intellectual Property
The Website and Services are provided for visitors and registrants. All rights, title, and interest (including intellectual property rights) in and to the Website, its content, graphics, images, design, compilation, and other information posted on the Website (“Content”), and the selection, organization or arrangement of the Content is owned by Konexx, its affiliates, its partners, and/or its licensors, and is protected under laws and regulations pertaining to copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights. Except as expressly provided herein, any unauthorized use of any Content is a violation of the Terms.
The term “Konexx’s Trademarks” means all common law and registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Konexx. All other third-party trademarks appearing on the Website are the property of their respective owners. No right, license or interest in or to such trademarks is granted by these Terms and Conditions.
10. Limitation warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
You acknowledge that some of the information published on this website is submitted by users and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website, whether express or implied, and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
11. Limitation of Liability
KONEXX WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE OR SERVICES, (B) THE UNAVAILABILITY, DELAY, FAILURE, OR INTERRUPTION OF THE WEBSITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE WEBSITE, OR (D) THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITE.
NOTHING IN THESE TERMS AND CONDITIONS WILL EXCLUDE OR LIMIT KONEXX’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, NOR FOR ANY OTHER LIABILITY THE EXCLUSION OR LIMITATION OF WHICH IS PROHIBITED BY APPLICABLE LAW.
IN NO EVENT WILL KONEXX BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INCOME OR LOSS OF OPPORTUNITY, NOR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR ECONOMIC LOSS ARISING FROM YOUR USE OF THE WEBSITE AND/OR THE SERVICES.
a. To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
b. We will not be liable for any consequential, indirect or special loss or damage;
c. We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
d. We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
e. Our maximum liability in relation to any event or series of related events will be limited to $200.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION.
12. Breaches of these terms.
a. send you one or more formal warnings;
b. temporarily suspend your access to the website;
c. permanently prohibit you from accessing the website;
d. block computers using your IP address from accessing the website;
e. contact your internet services provider and request that they block your access to the website;
f. bring court proceedings against you for breach of contract or otherwise;
g. suspend and/or delete your account with the website; and/or
h. delete and/or edit any or all of your user-generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Warranties and Disclaimers
WE PROVIDE THE WEBSITE AND THE SERVICES “AS IS”. EXCEPT AS STATED IN THESE TERMS: (I) YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK; AND (II) KONEXX EXCLUDES ANY AND ALL EXPRESS AND IMPLIED CONDITIONS AND WARRANTIES ABOUT THE WEBSITE AND SERVICES (INCLUDING CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
WE DO NOT GUARANTEE THAT THE WEBSITE AND SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR VIRUS OR ERROR-FREE, OR THAT IT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. NO ORAL OR WRITTEN INFORMATION GIVEN BY THE WEBSITE, SERVICES OR A KONEXX REPRESENTATIVE SHALL CONSTITUTE A REPRESENTATION, WARRANTY OR CONDITION.
WE DO NOT GUARANTEE THAT WE WILL FIND A CLINICAL TRIAL THAT MATCHES YOUR SELECTION CRITERIA INCLUDING MONETARY COMPENSATION, TRIAL CHARACTERISTICS, AND LOCATION OF THE TRIAL. WE HAVE NO CONTROL, AND CANNOT GUARANTEE THE AVAILABILITY OF ANY CLINICAL TRIAL AT ANY PARTICULAR TIME.
WE DO NOT GUARANTEE THAT THE GUIDANCE WE MAY PROVIDE YOU ON YOUR TRIAL SELECTION CRITERIA WILL HAVE ANY IMPACT ON THE PROBABILITY OF FINDING A TRIAL THAT MATCHES YOUR SELECTION CRITERIA.
IT IS EXPRESSLY UNDERSTOOD THAT BOTH YOUR DESIRED COMPENSATION FOR CONSIDERING PARTICIPATING IN A CLINICAL TRIAL AND THE INFORMATION YOU PROVIDE ON YOUR CLINICAL TRIAL PREFERENCES ON BIOBIDZ.COM (THE “BID “) SHALL NOT BE BINDING ON KONEXX. THE BID SHALL NOT CREATE AT ANY TIME A LIABILITY ON KONEXX.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES FOR ANY REASON, YOUR ONLY REMEDY IS TO STOP USING THE WEBSITE AND SERVICES.
14. Electronic Communications
When you register for Services or otherwise show that you would like to receive information or communications, you consent to Konexx and its service providers to contact you with the Services or information you have requested. To access the Website, Content, and Services, you must have a computer connected to a communications source.
15. Use by Minors
We are committed to protecting the privacy of children. You should be aware that the Website and Services are not intended or designed to attract children under the age of 18.
16. Entire Agreement
These Terms and Conditions and all other legal notices, additional terms, policies, rules, and guidelines posted on the Website and the Services constitute the entire agreement between you and Konexx and replace all previous written or oral agreements.
We may assign the Terms at any time to any of our Konexx companies, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Website and may send you an email about any change of ownership so that you have the option to stop using the Website or cancel your registration if you do not wish to continue to use the Website and Services under the new ownership. You may not assign this contract to anyone else.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
19. Choice of Law; Dispute Resolution
These Terms, your use of the Website and/or the Services, and any dispute arising therefrom shall be governed by the laws of the state of California, without reference to its conflicts of law rules. Any action shall be subject to the exclusive jurisdiction of the State and Federal Courts located in California, and you irrevocably waive objection to the jurisdiction of such courts.
21. Limitation and Time to File Claims
22. Infringement of Third-Party Intellectual Property Rights
We respect the intellectual property of others. If you believe the Content on this Website in any way constitutes an infringement of copyright or any other intellectual property right, please notify us by email: firstname.lastname@example.org.
23. We Do Not Provide Medical Advice
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE WEBSITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ARE ENCOURAGED TO SEEK PROFESSIONAL MEDICAL DIAGNOSIS AND TREATMENT FOR ANY MEDICAL CONDITION, AND TO DISCUSS INFORMATION ABOUT FROM THE WEBSITE WITH YOUR HEALTHCARE PROVIDER. INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS IN NO WAY INTENDED TO SUBSTITUTE CONSULTING A MEDICAL PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE. DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. RESULTS GENERATED FROM OUR DATABASE ARE NOT, AND SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR ON THE WEBSITE OR ON LINKS REACHED THROUGH THE WEBSITE.
If you rely on any of the information provided by the Website, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm the information on the Website with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for canceled clinical trials or your inability to participate in clinical trials or any injury resulting therefrom. Studies presented on the Website may not be approved by the participating medical center’s institutional review board, may be canceled, or may not be enrolling patients.
You agree to defend, indemnify and hold harmless Konexx, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Website, your breach or alleged breach of the Terms or of any representation or warranty contained herein, your unauthorized use of the Content or Konexx’s Trademarks, or your violation of any rights of another.
The following Sections will survive any cancellation of your registration: Section 9 Intellectual Property, Section 10 Limitation of Liability, Section 13 Warranties and Disclaimers, Section 17 Assignment, Section 18 Severability, Section 19 Choice of Law; Dispute Resolution, Section 20 Arbitration and Section 24 Indemnification.
26. Entire Agreement
These Terms and all other legal notices, additional terms, policies, rules, and guidelines posted on the Website and the Services constitute the entire agreement between you and Konexx and replace all previous written or oral agreements.
27. Questions or Concerns About Our Terms
For questions or concerns about these Terms, please send an email to email@example.com.
Last Updated: April 2019