WeTrials Terms of Use

WeTrials Terms of Use

Last updated January 12, 2024

1. Acceptance of the Terms of Use

Welcome to the WeTrials Terms of Use. These terms of use are entered into by and between WeTrials (“Company,” “We,” or “Us“) and You (“You”, “Yours”, or “User(s)”), a user or guest of our Services (defined below). The following terms and conditions, together with any documents they expressly incorporate by reference, collectively, “Terms of Use”, govern your access to and use of https://wetrials.com/, including any content, functionality, and services we offer.

Please read the Terms of Use carefully before you start to use the Services. By using our Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, HIPAA Notice of Privacy Practices, and our Privacy Statement, found at https://wetrials.com/privacy-statement/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the Services.

We offer our Services solely to users who are 18 years of age or older and who are legally capable of entering into agreements. By using our Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use our Services. If you are acting on behalf of an institution, you represent and warrant that (a) you have the authority to act on behalf of the institution, (b) that all information that you provide to potential users of the Services are true, accurate, and comply with all applicable laws and regulations and (c) you and your institution are bound by these Terms of Use.

2. Our Services.

We use the term “Services” to mean our websites, mobile applications, related networks and technology, downloadable software, information, educational services, webinars, community engagement platforms, consulting, subscription services, reports, and other services and products we provide to you.

a. The Services allow (a) users to help users locate and connect with healthcare institutions to participate in research studies related to their health issues, (b) to help institutions locate candidates for healthcare studies and clinical research, (c) to help users participate in clinical trials, (d) grant writing, (d) marketing services and (e) obtaining financial underwriting for studies and clinical trials. We serve as an intermediary and we are not directly involved in any transaction between a user and healthcare research institutions.

b. As part of the Services, you understand and agree that any information that you provide about yourself is voluntary and may be shared by the Services with institutions that may invite you to participate in a study regarding your health issues.

c. You agree we are not liable to you for any decision by an institution on whether it will invite you to participate in a study or in any outcome that you may expect from your participation in a study with an institution. Any dispute you may have regarding your participation in any study is between you and the institution, and not with us.

d. You agree we provide the Services for self-educational and informational purposes only. We cannot guarantee any results from your use of the Services. Any reliance on recommendations or other information provided through the Services is made at your discretion.

e. The Services may use your detailed location in the form of GPS signals and other location information provided by you or your equipment to help provide location-based services to you (such as, to locate referral institutions close to where you live). By using the Services, you consent to our collection and use of your location to provide the Services to you. You understand if you disable any location tracking with the Services, you will not be able to use the full features of our Services.

f. YOU ACKNOWLEDGE THAT INFORMATION ON THE SERVICES MAY BE PROVIDED BY THIRD-PARTY SERVICES FOR EDUCATIONAL PURPOSES ONLY.

g. YOUR USE OF THE SERVICES DOES NOT CREATE A PROFESSIONAL PATIENT RELATIONSHIP WITH US. WE ARE NOT A SUBSTITUTE FOR ANY HEALTH CARE PROVIDER ADVICE, DIAGNOSIS OR THREATMENT. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, INFORMATION YOU MAY OBTAIN THROUGH THE SERVICES. It is your responsibility to seek the advice of a licensed, qualified healthcare provider for your medical needs.

h. You are solely responsible for selecting and engaging with any institution or other healthcare provider for your healthcare needs.

i. You agree to comply with all applicable laws and regulations when you use the Services, either on behalf of yourself or, if applicable, on behalf of your institution.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services in our sole discretion without notice and without liability to you. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Statement, as well as our HIPAA Notice of Privacy Practices, where applicable, and you consent to all actions we take concerning your information consistent with these policies.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. Access and License Grant to you.

We grant you a personal, non-exclusive, revocable, limited license to access and use the Services. This does not grant you any ownership interest in any portion of the Services. All rights not explicitly granted are reserved for us. If you breach any of our usage guidelines and/or engage in conduct that causes us to believe that such conduct may harm us or our business interests, we reserve the discretionary right to revoke your license and/or access to use our Services. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.

6. Intellectual Property Rights

The name “WeTrials” (https://wetrials.com/), our Services, including our contents, features, and functionality are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to not use, copy, or distribute anything contained within the Services unless we have given express written permission. These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Services.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

7. Trademarks

Our name, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

8. Prohibited Uses

You may use the Services only for lawful purposes and under these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
  • To exploit, harm, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone”s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party”s use of the Services, including their ability to engage in real time activities through the Services.
  • Attempt to decompile or reverse engineer any software contained on the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Servicesfor any purpose, including monitoring, copying, or scraping any data or materialfrom the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other purpose not expressly authorized in these Terms of Use without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • Use the Services on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
  • Decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Services or any portion of it.
  • Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services
  • Remove any copyright or other proprietary notations from the materials on the Services.
  • Access our Services in an attempt to build a similar or other competitive product.
  • Otherwise attempt to interfere with the proper working of the Services.

9. Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
    Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of the Services’ users and clients. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US, OUR AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.

10. Links

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have not reviewed the sites and information linked to the Services and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us or a substitution of healthcare advice from your healthcare provider. USE OR RELIANCE ON ANY SUCH LINKED CONTENT IS AT YOUR OWN RISK. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any such links or third parties referenced in the Services. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Reliance on Information Posted

The information presented on or through the Services are made available solely for educational and general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, federal government, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion or endorsement of such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the Services

We may update the content on this Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

13. Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part of any such link or post. The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to the Services.
  • Send emails or other communications on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely for the content they are displayed with and otherwise under any additional terms and conditions we provide concerning such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action concerning the materials on the Services that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

14. Your Consent for Communications.

By providing your contact information to us and/or enrolling with the Services, (i) you consent to communicate with you through telephone, text message, e-mail, push notifications, in-app notifications, mobile notifications, telehealth, and other communication formats; and (ii) provide you communications containing content of a commercial nature relating to the Services. While we do not charge a fee for text messages, your wireless service carrier may charge standard messaging, data, and other fees. If you would like to opt out of such promotional communications, you may follow the instructions included with the promotion communication or contact us as described in our privacy policy. Please note that we may continue to contact you regarding matters related to your account or transactions.

15. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 SERVICESOR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICESOR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. We provide the Services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither we nor any person associated with us makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the Services. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

16. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

17. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys” fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to any use of the Services” content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

18. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the laws of the State of Delaware, except when preempted by Federal Laws, without giving effect to any choice or conflict of law provision or rule, whether of the State of Delaware or any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the Laws of the State of Delaware.

20. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

21. Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use 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 by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

22. Entire Agreement

The Terms of Use, our General Privacy Statement, our HIPAA Notice of Privacy Practices and any additional terms specific to a given product or service on the Services constitute the sole and entire agreement between You and WeTrials regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

23. Your Comments and Concerns

WeTrials owns and operates the Services.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: https://wetrials.com/contact-us/

24. Supplemental Terms for Apple Applications

These terms supplement apply for users who use applications for the Services (“Applications”) on devices made by Apple, Inc. (“Apple”).

a. Provided that you comply with these Terms of Use, we grant you a personal, limited, non-exclusive and non-transferable license to use our Applications on a single, authorized computing device for personal and internal business purposes and subject to the Usage Rules set forth in Apple’s App Store Terms of Service. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications.

b. You understand and agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.

c. Apple shall not be responsible for any claims by your or any third relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringe the intellectual property rights of the third party.

d. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that you are located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

e. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary thereof. If you can any questions or comments regarding these terms and conditions, you may write to:

Address:
WeTrials
30 S 15th St, Ste 1550, PMB 659789
Philadelphia, PA 19102-4806
USA