1. Acceptance of the ToS
Welcome to Match My Clinical Trial (TM). Use of, and access to the Match My Clinical Trial website, information, materials, products, chat systems, resources, and anything else at Match My Clinical Trial ("Match My Clinical Trial content") are subject to the terms and conditions laid out in this document or future revisions of this document, heretofore called the ToS. Please read the ToS carefully, INCLUDING THE BINDING ARBITRATION PROVISION, before using Match My Clinical Trial. Usage of Match My Clinical Trial constitutes a binding agreement between you and Match My Clinical Trial to abide by the ToS. If you do not agree to the ToS, do not use Match My Clinical Trial. Match My Clinical Trial reserves the right to update the ToS at anytime without prior notice. It is your obligation to review the ToS with each usage of Match My Clinical Trial in order to remain informed of the current terms. Any use of Match My Clinical Trial after such notice shall constitute acceptance of such changes, modifications or additions to the ToS.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EVERY SINGLE PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Proper Use
Match My Clinical Trial hereby grants, and by using Match My Clinical Trial you thereby accept, a limited license to browse Match My Clinical Trial's website. You may use Match My Clinical Trial only for lawful purposes and in accordance with the ToS. You agree not to use Match My Clinical Trial:
Match My Clinical Trial is available only to individuals eighteen (18) years of age and older. Children between the ages of thirteen (13) and eighteen (18) years of age may have their parent or guardian complete the registration process, in which case the parent or guardian will take full responsibility under this license.
Match My Clinical Trial reserves the right to modify, suspend, or discontinue your usage or services without notice at any time, for any reason, and without any liability or explanation.
3. Purchases
If you wish to purchase any product or service of Match My Clinical Trial ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Except when required by law, Purchases are non-refundable.
4. Content
Match My Clinical Trial may contain user-generated content and AI-generated content ("generated content"). As such, generated content on Match My Clinical Trial cannot be considered as representing Match My Clinical Trial. Match My Clinical Trial does not endorse, support, represent, or guarantee the truthfulness or reliability of content on Match My Clinical Trial. By using Match My Clinical Trial, you acknowledge that any reliance or acceptance of the content is at your own risk and discretion.
Improper content on the site does not constitute any consent or acceptance of such content by Match My Clinical Trial. Match My Clinical Trial reserves the right, but is under no obligation, to monitor content for improper use. Match My Clinical Trial may not actively monitor content, does not publish content, and does not lay claim to content.
By transmitting user-generated content to Match My Clinical Trial, you take full responsibility for the ramifications of such content. You acknowledge that the content is your own to post and your own responsibility, with all legal implications thereof. You understand that Match My Clinical Trial may be legally required to provide information about your account to the government or third parties.
Match My Clinical Trial is under no obligation to actively or passively monitor content for improper use. Content submitted to Match My Clinical Trial must not be inappropriate, libel, slander, racist, offensive, untrue, or anything else deemed improper at the sole discretion of Match My Clinical Trial. Match My Clinical Trial will not be responsible or liable for exercising or failing to exercise discretion. You acknowledge that content on Match My Clinical Trial may be removed at any time, for any reason, without warning, consent, or explanation.
5. Intellectual Property Rights
Match My Clinical Trial owns the intellectual property rights up to, but not necessarily including, all design, development, code, ideas relating to the site, products and services, trademarks, and logos. This includes the trademark Match My Clinical Trial.
You, or an appropriate third party, retain the rights and powers to any and all concepts, ideas, and opinions posted by you on Match My Clinical Trial. With great power comes great responsibility; you, not Match My Clinical Trial, are responsible for your own content. Match My Clinical Trial makes no claim to verify, support, or even acknowledge content posted online. By submitting content through Match My Clinical Trial, you grant Match My Clinical Trial a permanent, worldwide, non-exclusive, royalty-free license to reproduce such content for the purpose of providing the Match My Clinical Trial service, displaying or utilizing the content, or people aware of, advertising, or promoting Match My Clinical Trial.
You hereby represent and warrant that you have the power and authority to grant such an agreement to Match My Clinical Trial, either because you own the intellectual property to such content, represent the person or organization who does, or acknowledge that the content is in the public domain or under a sufficiently public license (such as a Creative Commons license). In the latter case, Match My Clinical Trial is not party to any such licensing agreement; such agreement is between the the respective licenser and you.
6. No Resale of Service
Match My Clinical Trial content may not be sold or offered for sale or resale, in whole or in part. You may not act as a third-party disseminator of Match My Clinical Trial content if: access to such content is for sale, requires subscription, or does not properly acknowledge Match My Clinical Trial as the source. Proper acknowledgment includes a well-formed HTML link tag, if the medium makes such inclusion possible. You may not knowingly give content, sell content, or encourage or aid an improper third-party disseminator of content.
7. Representations and Warranties
You hereby represent and warrant that your user information is truthful, accurate, and up-to-date. You further acknowledge that you will not impersonate, either actively or passively, someone else. Passive impersonation includes remaining silent or failing to answer inquiries. You further acknowledge that you have the necessary power and authority to enter into this agreement.
8. Disclaimer and Limitation of Liability
You acknowledge that use of Match My Clinical Trial is at your own risk. Match My Clinical Trial is provided on an "as is" basis without any warranties, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Match My Clinical Trial does not claim to represent the opinions or content provided by its users and cannot be held liable in connection with any posting, content, image, or implication provided by its users. Match My Clinical Trial does not monitor content. You acknowledge that Match My Clinical Trial is not liable for damages, harm or defamatory, offensive, or illegal content posted by its users.
Match My Clinical Trial makes a good-faith effort to protect personally identifiable information about you, as explained in the associated Privacy Policy, but Match My Clinical Trial disclaims any and all liability for any unauthorized access to or use of your personally identifiable information. By accessing Match My Clinical Trial, you acknowledge and agree to Match My Clinical Trial's disclaimer of any such liability.
9. Termination and Suspension of Services
Match My Clinical Trial reserves the right to terminate or suspend your account at any time, for any reason, in its sole discretion, and without providing any explanation or notice. This may include deletion or altering of content or user information. Termination or suspension of any account does not constitute monitoring on the part of Match My Clinical Trial. Match My Clinical Trial explicitly does not monitor content but may respond to inquiries which require actions such as termination or suspension. If terminated or suspended, you consent to simply move on and not hold Match My Clinical Trial liable for any harm or damages.
10. Agreement to Arbitrate All Disputes and Legal Claims
You and Match My Clinical Trial agree that any legal disputes or claims arising out of or related to this agreement (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of this agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which this agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and Match My Clinical Trial. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Match My Clinical Trial agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND MATCH MY CLINICAL TRIAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
11. Unsolicited Idea Submission Policy
Match My Clinical Trial and its agents do not accept or consider unsolicited materials about the service, website, content, and products, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials, or other information. Please do not send any submissions to Match My Clinical Trial or its agents. If you fail to follow this instruction and do send submissions, we will not treat your submissions as confidential nor proprietary. In the case of such submissions that Match My Clinical Trial accepts inadvertently or contrary to the above policy, you hereby grant Match My Clinical Trial a permanent, worldwide, non-exclusive, royalty-free and fully sublicensable license to use in any way, or create derivative works with the submissions, without giving you acknowledgement or compensation.
12. Feedback
You acknowledge and agree that any materials, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Match My Clinical Trial in response to a request for such materials are non-confidential and shall become the sole property of Match My Clinical Trial. This paragraph is not intended to apply to personal information about you, such as your name and email address, the use of which is described in the Privacy Policy.
13. Indemnification
Your views, opinions, and ideas as expressed on Match My Clinical Trial are your own. You agree to indemnify Match My Clinical Trial and its employees, partners or employees of partners, from any liabilities or harms relating to such content. This agreement indemnifies Match My Clinical Trial from any damages or liabilities. Actions taken or threatened against Match My Clinical Trial, by you or a third party acting by cause of you, possibly with or against you, may result in processing or lawyer fees. You agree to pay any such fees incurred by Match My Clinical Trial in such an instance.
14. Entire Agreement
This ToS constitutes the entire service agreement between you and Match My Clinical Trial, superseding any other agreements or contracts such as a prior ToS. You may however be subject to further agreements or terms for further products or services not covered by this ToS.
15. Statute of Limitations
You agree that any legal claim, benefit, notice, or cause of action arising or related to the use of Match My Clinical Trial must be filed within one (1) year after the first occurrence of a relevant action relating to the claim, benefit, notice, or cause of action. You further agree that if you do not file such claim, benefit, notice, or cause of action within one (1) year of such occurrence, you shall be thereafter barred from making such claim, benefit, notice, or cause of action, regardless of any statute or law to the contrary. You consent to provide Match My Clinical Trial with due notice of at least two (2) weeks before filing any such claim, benefit, notice, or cause of action. You agree that failure to provide proper notice will disqualify you from receiving any benefits or awards, or from proceeding with such claims.
16. Jurisdiction
You agree that any difference of understanding will be resolved under the jurisdiction of Santa Clara County, in the state of California, United States, or a jurisdiction to be decided by Match My Clinical Trial at the time of filing, regardless of your place of residence or operation. Any legal claims, filings, proceedings or litigation arising in connection with this ToS will be brought solely in either Santa Clara County or the jurisdiction decided upon by Match My Clinical Trial at the time of filing, and you consent to the jurisdiction of such courts.
17. Waiver and Severability
No waiver by Match My Clinical Trial of any term or condition set forth in ToS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Match My Clinical Trial to assert a right or provision under ToS shall not constitute a waiver of such right or provision.
If any provision of ToS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of ToS will continue in full force and effect.
18. Copyright Infringement and Compliance with the Digital Millennium Copyright Act
Match My Clinical Trial will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that a copyright has been infringed on Match My Clinical Trial, please contact us through the information provided on the Match My Clinical Trial website. If you wish to respond to a claim of infringement, please contact us through the information provided on the Match My Clinical Trial website.