All users of the Website (as defined below) should carefully read the entire contents of this Terms of Use as it contains important information, which relates to your legal rights and obligations. By accessing and/or using the Website, you expressly agree to be legally bound by this Terms of Use .
This Terms of Use constitutes a legally binding agreement between you and ClinicalMatch (as defined below) in relation to the Website including any subdomains and any other third party websites through which ClinicalMatch makes available its products and services, whether directly or indirectly.
Section 1 sets out your protections and rights pursuant to the Health Insurance Portability and Accountability Act, while Section 2. sets out the general Terms of Use of the Website. As some of the provisions of Section 1. and Section 2. overlap with each other, it is important that these two sections be read in conjunction with each other. Section 3 sets out Disclaimer of Listed Clinical Trials and enrolling in a Clinical Trial. Section 4 sets out Disclaimer of Educational Resources. Section 5 sets Principal Investigator Obligations. Section 6 sets Healthcare Provider Obligations
The contents of the ClinicalMatch Site, such as text, graphics, images, and other materials created by ClinicalMatch or obtained from ClinicalMatch's licensors, and other materials contained on the ClinicalMatch Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the ClinicalMatch Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. ClinicalMatch does not recommend or endorse any specific clinical trials, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by ClinicalMatch, ClinicalMatch employees, others appearing on the Site at the invitation of ClinicalMatch, or other visitors to the Site is solely at your own risk.
In this document, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings:
| “BAA” | The Business Associate Agreement entered into between ClinicalMatch and its Business Associates. |
| “Business Associate” | A person or entity whose functions, activities and/or duties involves the use or disclosure of PHI in any way, shape, or form on behalf of a Covered Entity and/or provides services to a Covered Entity and consistent with the definition in 45 CFR § 160.103 of HIPAA. A Covered Entity may be a Business Associate to another Covered Entity. |
| “Cookie” | Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file of text that a website transfers and stores on your device with the purpose of tracking your movements within the Website and your interaction with the various components and features of the Website. These files facilitate to improve and enhance the user’s Website experience and record their preferences. The Cookies used by ClinicalMatch do not seek to control the devices on which they are stored and nor are they damaging, and nor do they extract your personal information from your device. The cookie will reside on your device(s) until they expire or are deleted. |
| “Covered Entity” | A healthcare provider, health plan, or healthcare clearinghouse which transmits health data electronically for transactions that the U.S. Department of Health and Human Services has adopted standards and consistent with the definition in 45 CFR § 160.103 of HIPAA. |
| “Research” | Any systematic investigation designed to develop or contribute to generalizable knowledge. |
| “Customer” or “Client” | Any person who uses the services and products of ClinicalMatch, whether on a paid basis or not. |
| “ Data” | All text, sound, video, or image files, and software, that are provided to Clinical Match by or on behalf of Customer for Clinical Match’s performance of the Services. |
| “Disclose” | The release, transfer, provision of access to, or divulging in any other manner, information outside the entity holding the information. |
| “DMCA” | Digital Millennium Copyright Act, 1998 |
| “HIPAA” | Health Insurance Portability and Accountability Act |
| “License” | The License granted by ClinicalMatch to the Registered User pursuant to Section 2. Clause 10. of the TOU. |
| “ClinicalMatch” “Operator” "or “Us” or “We” | Clinicalmatch , Inc. a corporation incorporated under the laws of the State of Delaware, part of whose operations are conducted through the Website. |
| “Protected Health Information” or “ PHI” | All individually identifiable health information, including demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage, which is required to be protected and safeguarded by Covered Entities pursuant to the provisions HIPAA to ensure the confidentiality, integrity, and availability of the information when such information and/or data is created, received, stored, or transmitted whether by electronic media or otherwise and consistent with the definition in 45 CFR § 160.103 of HIPAA. The protection does not extend to persons deceased for over 50 years. |
| “Service Providers” | ClinicalMatch and the Business Associates collectively. |
| “Registered User” or “You” | The person or legal entity who registers an account on the Website for the purpose of using the Service and/or seeking information about ClinicalMatch. |
| “Security Rule” | Security Standards for the Protection of Electronic Protected Health Information. |
| “Services” or “Service” | ClinicalMatch offers two distinct services to its Clients: 1. Enrollment Services- ClinicalMatch connects patients or volunteers to a principal investigator conducting a clinical trial. These patients/volunteers may self-register on the Website and provide their medical/health information and be matched to a clinical trial if they meet the inclusion criteria. Patients/volunteers can also be referred by physicians registered on the Website and be matched with a clinical trial. Both healthy volunteers and volunteers/patients with a medical condition can apply to be matched to a clinical trial they are eligible. For every matched patient or volunteer that is eligible for a clinical trial, the principal investigator pays a fee to ClinicalMatch. If the patient or volunteer was referred by a physician, ClinicalMatch gets part of the fee paid by the principal investigator and the balance is paid to the referring physician. 2. Retention service - Using a customized and individualized approach that is tailored to an enrolled clinical trial participant, ClinicalMatch will organize appointments and tasks using our proprietary software technology to track progress and identify retention issues. As an incentive to retaining patients, ClinicalMatch uses a unique hold-back reimbursement model as a gift to enrolled participants, ensuring enrolled participants complete the clinical trial. For every visit completed by patient/volunteer, ClinicalMatch receives a fee. |
| “Temporary User” | Any person or legal entity who visits any part of the Website for any duration whatsoever shall be deemed to be a Temporary User and such person or legal entity shall have been deemed to accept all the terms and conditions of this TOU until such time that they leave the Website or close their browser. Should the Temporary User proceed to register an account on the Website he/she/it shall become a Registered User. |
| “TOU” | The Terms of Use in relation to the Service and the Website as set out herein, inclusive of but not limited to, all the express and implied terms and conditions set out herein for the use of the Service and the Website and shall also include without limitation the HIPPA Privacy Practices Notice, Privacy Policy, Cookies Policy and Disclaimer which form an indivisible part of this Terms of Use except as otherwise provided herein. |
| “Use” | With respect to individually identifiable PHI, the sharing, employment, application, utilization, examination, or analysis of such information within an entity that maintains such information. |
| “Website” | http://www.clinicalmatch.com, which is owned, developed and operated by ClinicalMatch,Inc |
| “Working Day” | Shall mean any day on which a bank is legally open for business in the State of Texas. |
HIPAA does not give patients a right to civil action unless a patient has suffered physical and/or financial harm as a result of an unauthorized use and/or disclosure of PHI. However, any party making such unauthorized use and/or disclosure faces criminal penalties of up to 10 years imprisonment and/or severe financial penalties.
1. The HIPPA Privacy Rule
ClinicalMatch is required by HIPAA and certain other Federal and State laws and regulations to safeguard the privacy of your PHI and to give you this Notice of Privacy Practices. This policy sets out how ClinicalMatch and its Business Associates use your PHI and/or how we disclose your PHI for the purpose of providing and supplying you with the Service payment, our operations and other purposes allowed by law.
The HIPAA Privacy Rule establishes the conditions under which protected health information may be used or disclosed by covered entities for research purposes. Research is defined in the Privacy Rule as, “a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge.” See 45 CFR 164.501. A covered entity may always use or disclose for research purposes health information which has been de-identified (in accordance with 45 CFR 164.502(d), and 164.514(a)-(c) of the Rule) without regard to the provisions below.
The Privacy Rule also defines the means by which individuals will be informed of uses and disclosures of their medical information for research purposes, and their rights to access information about them held by covered entities. Where research is concerned, the Privacy Rule protects the privacy of individually identifiable health information, while at the same time ensuring that researchers continue to have access to medical information necessary to conduct vital research.
Currently, most research involving human subjects operates under the Common Rule (45 CFR Part 46, Subpart A) and/or the Food and Drug Administration’s (FDA) human subject protection regulations (21 CFR Parts 50 and 56), which have some provisions that are similar to, but separate from, the Privacy Rule’s provisions for research. These human subject protection regulations, which apply to most Federally-funded and to some privately funded research, include protections to help ensure the privacy of subjects and the confidentiality of information. The Privacy Rule builds upon these existing Federal protections. More importantly, the Privacy Rule creates equal standards of privacy protection for research governed by the existing Federal human subject regulations and research that is not.
The Privacy Rule permits a covered entity to use and disclose protected health information for research purposes, without an individual’s authorization, provided the covered entity obtains either:
(1) documentation that an alteration or waiver of individuals’ authorization for the use or disclosure of protected health information about them for research purposes has been approved by an Institutional Review Board or Privacy Board;
(2) representations from the researcher that the use or disclosure of the protected health information is solely to prepare a research protocol or for similar purpose preparatory to research, that the researcher will not remove any protected health information from the covered entity, and that protected health information for which access is sought is necessary for the research; or
(3) representations from the researcher that the use or disclosure sought is solely for research on the protected health information of decedents, that the protected health information sought is necessary for the research, and, at the request of the covered entity, documentation of the death of the individuals about whom information is sought. A covered entity also may use or disclose, without an individuals’ authorization, a limited data set of protected health information for research purposes.
It is important for users of the Website to have an understanding of the workings of HIPAA and their rights and obligations pursuant to it. This is particularly true in respect of the persons who are the subject matter of the PHI, usually the patients, and those parties that handle and deal with PHI. Patients can take solace in the legislative requirements for all healthcare service providers to treat patient PHI with utmost care and sensitivity. The requirements have resulted in quick and safe access to PHI when required and resulted in enhanced productivity and quality of care and services provided.
2. Your HIPAA Rights
Generally, pursuant to the terms of HIPAA, you have the right to:
a) View and seek a copy of most of your medical records that make up your PHI. Pursuant to Federal Law, you are not entitled to view information relating to your psychotherapy notes, information gathered and collated in reasonable anticipation of legal proceedings of whatever nature and PHI that is subject to any law that prohibits access to it;
b) request amendment to your PHI when appropriate. We may deny you such a request if we deem it appropriate and you have the right file a statement of disagreement with us and we may prepare a rebuttal to your statement;
c) know who your PHI has been shared with except for disclosures made for the purposes of treatment, payment or for the Service and such right is restricted to the six year period preceding your request;
d) request ClinicalMatch to limit who has access to your PHI. Your written request must detail the specific restriction you are requesting and provide details of the person(s) whose access is being limited;
e) choose how ClinicalMatch communicates with you and sends you information. You may request us to only correspond with you at a certain address or on a particular phone number or email address;
f) nominate someone to act on your behalf in relation to your PHI;
g) complain about the unauthorized disclosure of your PHI.
3. The Standard Applied By ClinicalMatch
ClinicalMatch is committed to using and disclosing your PHI responsibly in the provision and supply of the Service and we need to use your PHI and, in some instances, we need to share your PHI with Principal Investigators conducting a clinical trial that you applied to , other medical service providers and professionals. In doing so, ClinicalMatch uses the minimum standard set by HIPAA in relation to the use and/or disclosure of PHI as its base standard and goes beyond this standard where deemed appropriate. The HIPAA standard states that in any instance that requires the use and/or disclosure of your PHI, the minimum possible use and/or disclosure of the PHI must be made while allowing the objective of the use and/or disclosure to be achieved. The objective of such use and/or disclosure must off course be a valid and legitimate one justified by the particular circumstances and permissible by law. The minimum necessary rule does not apply in the following situations uses and/or disclosures of your PHI:
a) where a treatment relationship has been verified to exists by the disclosing party, to or as requested by a health care provider providing you with medical treatment;
b) directly to you;
c) to any party pursuant to a written authorization by you;
d) to the U.S. Department of Health and Human Services when disclosure of PHI is required under the Privacy Rules; or
e) as required by law.
4. Business Associates
ClinicalMatch does not carry out all the functions required to successfully operate its business in-house. For reasons off efficiency, expertise and costs, ClinicalMatch sub-contracts out certain functions to its Business Associates. In order to perform some of these functions, ClinicalMatch has to disclose some of your PHI to our Business Associates and the Business Associates may need to use your PHI in order to successfully carry out their tasks and objectives. In certain instances, the Business Associates may themselves need to disclose your PHI to third parties to complete their tasks. As the Business Associates may need to use and/or disclose your PHI, they are also governed by HIPAA and its requirements. Pursuant to HIPAA, ClinicalMatch and its Business Associates enter into - legally binding BAAs obligating the Business Associates to not only meet all the provisions and requirements of HIPAA but also additional requirements and/or procedures that may be prescribed by ClinicalMatch.
5. Permitted Use And Disclosures of PHI
ClinicalMatch and/or its Business Associates may use and/or disclose your PHI in the following circumstances:
a) to provide and supply you with the Service and to improve the quality of the Service we are able to offer to you;
b) only insofar as absolutely necessary in the performance of our respective tasks and duties;
c) as required by law, including but not limited to, worker’s compensation matters;
d) to de-identify you PHI in accordance with 45 CFR 164.514(a)-(c);
e) for the proper management and administration of our respective businesses or to carry out our respective legal responsibilities provided that the uses and/or disclosures are allowed by law, including but limited to billing and payment;
f) to provide data aggregation services relating to the operations of ClinicalMatch;
g) to assist with safety issues in the public interest, including but not limited to, reporting adverse reactions to medication, preventing diseases, reporting suspected abuse, neglect or domestic violence;
h) to provide appointment reminders;
i) to law enforcement agencies under a court order or under direction of Federal and/or State agencies duly authorized to give such directions, including but not limited to national security and intelligence services;
j) to assist with internal or external medical research in the public interest;
k) respond to organ and tissue donation requests;
l) we may use and disclose your PHI for advertising, and marketing purposes in a summary only format, without including any identifying information.
m) respond to lawsuits and legal actions;
n) to make you aware of possible treatment alternatives or other services that may be beneficial to you;
o) to coroners, medical examiners and funeral directors for the purpose of identifying deceased persons and establishing cause of death and other similar functions;
p) for inmates of correctional facilities, your PHI may be released to the correctional facility or related law enforcement officer;
q) In some instances, the Business Associate may need to disclose your PHI to a third party for the purpose of completing the tasks and objectives directed by Clinical Match and the Business Associate may make such disclosure to the third party provided that the third party is required to observe the terms and conditions of the BAA.
ClinicalMatch may disclose your PHI to a family member, other relatives, close friend or any other person nominated by you should that person’s involvement in your health care warrant access to such information. If for any reason you are unable to agree or object to such use and/or disclosure, ClinicalMatch may still proceed to use and/or disclose such information if in its opinion it is necessary and in your best interest.
ClinicalMatch will seek your written approval prior to using and/or disclosing your PHI for any purpose other than those stated above (except as otherwise permissible or required by law or under a direction from a lawfully authorised Federal and or State authority to give such a direction). In such instances, you shall have the right to revoke any such authorizations in writing at any time and such revocation must be in writing and shall be effective from the time of receipt of such communication from you.
6. Responsibilities Of ClinicalMatch And Its Business Associates
In using and/or disclosing your PHI, ClinicalMatch and /or its Business Associates have certain responsibilities:
a) to maintain the privacy and security of your PHI using appropriate safeguards and methods in compliance with Subpart C of 45 CFR Part 164;
b) not to use and/or disclose the PHI except as permissible and/or required by law or required by the BAA as the case may be;
c) to inform you promptly in the event of any breach in the privacy or security of your PHI. Our Business Associates are required to report to ClinicalMatch any use and/or disclosure of your PHI not provided for by the BAA of which it becomes aware, including breaches of any unsecured PHI as required by 45 CFR 164.410 and any other security incident of which the Business Associate becomes aware and the Business Associate is required to assist ClinicalMatch to gather and collate all the information necessary to notify you of any such breach;
d) to make amendments and alternations to your PHI where your written request for such has been accepted;
e) to furnish you with the information that you may request about your PHI;
f) to follow all the duties and practices established in this document;
g) Make internal practices, books, and records available to the Secretary of Health and Human Services for purposes of determining compliance with HIPAA;
h) Where a Business Associate requires to disclose your PHI to a third party, the Business Associate has agreed to make the use and disclosure of your PHI consistent with ClinicalMatch’s minimum necessary policies and procedures and to require agreement and undertakings from the third party for the same or is required to obtain reasonable assurances from the third party that your PHI will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed, and the third party notifies the Business Associate of any instances of which it is aware in which the confidentiality of your PHI may have been breached.
6. Limitations on Use and Disclosure
The Services Providers shall not Use and/or Disclose your PHI other than as permitted or required by the BAA or as otherwise Required by Law and the Business Associate shall not disclose, capture, maintain, scan, index, transmit, share or Use the PHI for any activity not authorized under the BAA. The Service Providers shall not use your PHI for any advertising, marketing or other commercial purpose and they shall not violate the HIPAA prohibition on the sale of the PHI. The Service Providers shall make all reasonable efforts to Use, Disclose, and/or request the minimum necessary PHI to accomplish the intended purpose of such Use, Disclosure, or request.
7. Safeguards
The Service Providers shall:
(1) use reasonable and appropriate safeguards to prevent inappropriate Use and Disclosure of the PHI other than as provided for by law and in the BAA as appropriate; and
(2) comply with the applicable requirements of 45 CFR Part 164 Subpart C of the Security Rule.
8. The Type of Personal Information We May Collect
ClinicalMatch may collect the following types of personal information and sensitive information, some or all of which will become part of your PHI:
✔ name;
✔ mailing or street address;
✔ email address;
✔ telephone number and other contact details;
✔ age or date of birth;
✔ details of your disease type or other medical condition(s);
✔ details of your hospital and attending physicians;
✔ your medical visits and procedures;
✔ your genetic information and related test results;
✔ details about your treatment(s) and side effects;
✔ your family history of any related medical conditions;
✔ details of prior clinical trials you have participated in;
✔ your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, IP address and standard web log information;
✔ details of the clinical trials we have matched you and all information relating to such matching;
✔ any additional information relating to you that you provide through the Website;
✔ any other personal information required to facilitate your relationship with us.
ClinicalMatch may collect the above information directly from you when you:
✔ register on the Website;
✔ complete the questionnaire on your medical conditions and history through the Website;
✔ communicate with us through correspondence, chats, emails or other channels;
✔ use the Website to update your privacy preferences;
✔ interact with our Website, services, content and advertising.
9. Reasons for Collection of Personal Information
ClinicalMatch collects, holds and uses your personal information, including your PHI, for the following purposes:
✔ to match you with clinical trials relevant to you;
✔ to enable you to fully access and use the Website;
✔ to improve and optimize the Website users’ experience;
✔ to notify you of trial matches;
✔ to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and any information you may request;
✔ to comply with our legal obligations.
10. Changes to This Privacy Practices Notice
ClinicalMatch reserves the right to change the contents of this notice and any such changes will be effective with reference to any and all information ClinicalMatch already has on you and any information that will be received in future. Any changes will be posted on the Website and you may request a copy of the current Privacy Practices Notice.
11. Complaints
If you are of the belief that your privacy rights have been breached, you should contact our HIPAA Privacy Officer at [ support@clinicalmatch.com ]. You also have a right to file a complaint with the Secretary of the U. S. Department of Health and Human Services, by mail to 200 Independence Avenue, Washington DC, 20201 or by calling 1-877-696-6775 or visiting www.hhs.gov/ocr/privacy/hipaa/complaints. You will not be penalized in any way if you do file a complaint against ClinicalMatch.
1. Intellectual Property and Copyright
The entire content of the Website is the intellectual property and copyright of ClinicalMatch who without exception reserves all rights to its intellectual property and copyright in every respect and in all mediums and channels of distribution, publication, social media and sharing. No party is authorised or entitled to exploit commercially the content, or any part thereof, under any circumstances for any reason whatsoever. Any copying, reproduction, redistribution, sharing and/or transmission without the prior written consent of ClinicalMatch is strictly prohibited.
2. Relationship Between ClinicalMatch and the Registered User
For avoidance of doubt, it is expressly stated that ClinicalMatch shall at all times be an independent service provider to the Registered User and nothing shall indicate, expressly or impliedly, that ClinicalMatch is an agent and/or employee of the Registered User and vice-versa or in any way connected to the Registered User.
3. Acceptance of The Terms of Use By The Registered User
All visitors to the Website must read the TOU set out herein before using any part of the Website. If you have any issue with any provision set out herein and/or you do not wish to be bound by any of the terms, conditions and provisions set out in this TOU, you must stop using the Website immediately and leave.
4. Refusal of Use
The provision of the Service and use of the Website shall at all times be at the sole and absolute discretion of ClinicalMatch and ClinicalMatch shall at all times be at liberty without restraint or encumbrance to refuse use of the Service and/or the Website to any person or legal entity without giving an explanation for such refusal.
5. a. Authorised Users
Use of the Website and the Service is strictly restricted to persons over the age of 18 and who are cognitively capable of entering into a legal agreement in their country of residence. By using the Website and the Service, you expressly warrant and undertake to ClinicalMatch that you have the capacity and authority to enter into an Agreement with ClinicalMatch for the use of the Website and the Service.
If the user needing the Services of ClinicalMatch is a minor or an individual with a cognitive impairment, the parent(s), a guardian(s), legal caregiver or a legal representative of the minor or cognitively impaired individual, expressly warrant and undertake to ClinicalMatch that you have the capacity and authority to enter into an Agreement with ClinicalMatch on behalf of the minor or the cognitively impaired individual ,for the use of the Website and the Service.
b. Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
6. Registration
The use of the Service is conditional on being a Registered User. The Registered User must use their personal email or their Facebook or Google account to complete the registration process. In creating the account, the Registered User represents, undertakes and warrants to ClinicalMatch that they are not barred from receiving the Service in his/her/its jurisdiction and that the information provided for the creation of the account is true and correct. If the Facebook or Google account is used to complete the registration process the Registered User represents, undertakes and warrants to ClinicalMatch that the information provided for the creation of the account is true and correct and they are the owner of such information.
If the Registered User uses their Facebook or Google account to complete the registration process, the Registered User expressly and irrevocably authorises ClinicalMatch to access certain information in the Registered User’s Facebook and Google accounts for the purpose of verifying the Registered User’s identity.
In creating his/her/its account, the Registered User shall not use a username that may reasonably be expected to cause offence to others, and they shall use any username, which have profane, racial, sexual or other socially unacceptable references. Notwithstanding that the Website may accept the username submitted by the Registered User at the time of Registration, ClinicalMatch reserves the right at its sole and absolute discretion to the cancel the Registered User’s account name or amend it to an acceptable form. In either event, the Registered User will be informed of the change in the username by way of an email.
ClinicalMatch at all times reserves in its sole and absolute discretion the right to terminate or suspend the Registered User’s account if any of the information provided to ClinicalMatch by the Registered User is found to be misleading, incorrect or false. ClinicalMatch may take such action it sees fit at any time without giving notice to the Registered User and/or without any reference to the Registered User.
The Registered User shall at all times be responsible for any activity that occurs in or through his /her/its account and shall be responsible for its security. The Registered User shall not at any time and for any reason share his/her/its account with any other person or legal entity and shall keep the Username and the password private. In the event the password is lost or stolen or has been disclosed to a third party, whether consciously or inadvertently, the Registered User undertakes to inform ClinicalMatch of the breach of security of his/her/its account.
7. The Service
ClinicalMatch operates the Website for the purpose of allowing a Registered User to use the Service and for Registered Users and Temporary Users to access information on ClinicalMatch and its services and products.
8. Payments
All payments by Registered Users are processed by an independent payment gateway operated by [ Stripe] As such, ClinicalMatch does not ask for or collect any information regarding your credit card or other financial details. Should any party approach you requesting for such details on behalf of ClinicalMatch you should decline to do so and immediately inform ClinicalMatch of such an approach. ClinicalMatch shall not be responsible for any loss you may incur as a result of disclosing your financial information to such an unauthorized person(s).
The Registered User warrants and undertakes to ClinicalMatch that the Registered User is the legal owner of all credit cards, charge cards, debit cards or other payments registered with [Stripe] or has proper legal authority to make use of such payment methods. The Registered User hereby undertakes to keep all information registered with [Stripe] current and updated at all times.
Any and all service fee(s) and charge(s) made by Stripe are solely for the account of the Registered User and must be paid by him/her/it in full and all such fee(s) and charge(s) shall not be refundable or repayable by ClinicalMatch in any way whatsoever and the Registered User shall have no claim on ClinicalMatch in respect of such fee(s) and charge(s).
9. License to Use The Service
Subject to the terms and conditions set out herein, ClinicalMatch hereby grants the Registered User a license to use the Service and the Website. The license granted by ClinicalMatch to the Registered User is non-exclusive and limited in nature and is personal to the Registered User and shall not in any circumstances be transferable. The Registered User shall not use the Service and the Website for any commercial use, sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use ClinicalMatch shall in its absolute discretion deem to be nefarious, obnoxious or objectionable or which could render ClinicalMatch in danger of criminal and/or civil liability in any jurisdiction and/or which could damage the reputation of ClinicalMatch or its commercial and economic viability.
The Registered User shall not:
a) Reverse engineer, disassemble or decompile or derive the source code of any software used by ClinicalMatch or otherwise attempt to use any of its features to create a clone of the Website
b) Cause any viruses, worms, malware, spyware or other items of such to be loaded on ClinicalMatch’ servers and/or the Website or to otherwise cause disruption to the normal operations of ClinicalMatch and its assets;
c) Use any means whatsoever to make the paid features and/or services of the Website available to multiple users whether simultaneously or otherwise; and
d) Access or attempt to access the Website by means of automated, unethical, unconventional or illegal means, including but not limited to hacking.
ClinicalMatch makes no grant of any implied license or other implied rights of any kind whatsoever for the use of the Service and/or the Website, whether temporary or permanent.
10. Term of License And Termination
The term of the License commences at the time the Registered User completes the registration of an account and the License shall continue until such time that the Registered User shall terminate his/her/its account of his/her/its own volition or the account of the Registered User (and the attached License) is terminated by ClinicalMatch in its absolute discretion.
ClinicalMatch may at any time and at its absolute and sole discretion terminate or suspend the Registered User’s account if in the opinion of ClinicalMatch the Registered User has breached any term of this TOU and/or whose conduct has brought disrepute to ClinicalMatch or has in any way harmed the business and/or the goodwill of ClinicalMatch and ClinicalMatch shall be under no obligation whatsoever to provide the Registered User with an explanation for such termination and/or suspension but may do so as a matter of courtesy.
The termination and/or cancellation shall be effective immediately on sending notice of its decision to the Registered User at the last provided email address by the Registered User. Upon such termination and/or suspension, ClinicalMatch shall be at liberty to recover from the Registered User damages in respect of any conduct and/or actions by the Registered User leading to the termination and/or suspension.
On termination of the account of the Registered User, any information, images, videos or other content of whatever nature shall no longer be accessible to the Registered User in any way and ClinicalMatch shall not be liable to the Registered User in any way whatsoever for the inaccessibility and/or loss of all such information.
11. Ownership Rights
The Service and the Website are the sole and exclusive property of ClinicalMatch,Inc, inclusive but not limited to the copyright and the intellectual property therein, and the use of the Service and the Website shall not grant in any way any property and/ or ownership rights in the aforesaid or any part thereof.
12. Responsibility for Account
The Registered User shall be absolutely and completely and without reservation be responsible for the entire contents of his/her/its account on the Website. Notwithstanding the acceptance of such responsibility by the Registered User for the contents of his/her/its account, the Registered User shall not create any content which, (whether directed at a person, group of persons, a community or a religion):
✔ The Registered User knows or believes are untrue, inaccurate false, malicious, libellous or slanderous;
✔ Are racist, bigoted, sexually discriminating, sexual in nature and harassing;
✔ Are obscene, profane, offensive;
✔ May incite hatred of any kind;
✔ Is illegal or which promote illegal acts to be committed;
✔ Are in any way linked or aligned to or with any terrorist group or groups or in any way incite or promote acts of terrorism and/or violence however defined;
✔ Could lead to the exploitation of any person under the age of 18 for any purposes, including, but not limited to, those of a sexual and/or economic nature;
✔ Relate to a ponzi scheme, pyramid or other investment scheme, chain letter, unsolicited mailing;
✔ Infringe or violate the rights of any third party, directly or indirectly, including but not limited to, rights to copyright or intellectual property and rights to privacy;
✔ Contain instructions of any kind which may result in the commissioning of acts of violence, terrorism or the releasing of computer viruses; and
✔ Solicit passwords and other security access information
13. Representations and Warranties of The Registered User
The Registered User hereby warrants to ClinicalMatch as follows:
a) That ClinicalMatch will not be required to pay any royalties in respect of any of the Registered User’s content and will not need to seek any licenses, approvals or consents from any party in respect of the contents;
b) That the contents do not contain any of the information prohibited in Clause 12 hereof ;
c) The contents of the Registered User do not infringe any third party rights, their intellectual property or their right to privacy; and
d) The content of the Registered User conforms and complies with all the laws of the Registered User’s jurisdiction.
14. Communications from ClinicalMatch
The Registered User expressly and irrevocably agrees to receive communications in any form whatsoever from ClinicalMatch in relation to the Service and the Website, the Registered User’s orders, offers, promotions and marketing materials from ClinicalMatch. The Registered User may opt out of receiving marketing material at any time by giving written notice to ClinicalMatch by way of an email directed to support@clinicalmatch.com . Your email should give details of the email address you wish to have removed from our database and should state clearly that you are the registered owner of the email address in question.
15. Security of The Website And Risk
ClinicalMatch does not in any way, expressly or otherwise, guarantee the security of the Website to the Registered User and does not undertake or warrant to the Registered User that his/her/its account will not be accessed by a third party and the Registered User shall at all times be responsible for the security of his/her/its information and bear the risk associated with such information being accessed by a third party.
16. Indemnity
The Registered User hereby agrees unconditionally and irrevocably to indemnify and hold harmless ClinicalMatch, its successors and assigns, and its directors, shareholders, officers and employees from and against any and all actions brought by any third party and any arising losses, liabilities, costs and other expenses of whatever nature, including but not limited to, attorney fees, where such action arises from:
a) The activities of the Registered User on the Website;
b) A violation by the Registered User of any terms of the License granted by ClinicalMatch;
c) Any content or material transmitted by the Registered User through the Service in violation of any laws and/or regulation or infringes the rights of any third party or their right to privacy; and/or
d) A breach of any of the terms and conditions of any third party website to which the Registered User is redirected to through a link provided by ClinicalMatch.
17. Checks and Verification
ClinicalMatch reserves the right to undertake any actions, consultations it deems appropriate or necessary at its absolute discretion for the purpose of checking and verifying the identity of the Registered User and/or the information provided by the Registered User and such checks may include checking into any criminal background or search of various registers and the Registered User hereby expressly agrees to ClinicalMatch taking such steps it deems appropriate for checks and verification at its absolute discretion.
18. Disclaimer - “Where Is”, “As Is ” And “As Available”
ClinicalMatch provides the Service and the Website on a “Where Is”, “As Is ” And “As Available” basis and the principle of ‘Caveat Emptor’ shall apply in every respect in relation to the entire content of the Website and this TOU. The Registered User uses the Service and the Website entirely at his/her/its own risk and ClinicalMatch expressly disclaims any and all warranties and representation of any kind, express or implied, including but not limited, any implied warranty or representation as to merchantability, fitness for purpose or any other warranty or representation that may arise through the operation of any law in any jurisdiction and expressly denies any warranties and/or representation in respect of but not limited to the following:
a) The Service and/or the Website is authorised for use in the Registered User’s jurisdiction;
b) The Website will operate on an error free basis;
c) The Website will have a 100% up time;
d) That any information, videos, images or other information of whatever nature saved by the Registered User on the Website will be retained on ClinicalMatch’s servers and/or if retained in respect of any given period of retention;
e) ClinicalMatch will continue to support the Website;
f) In respect of any other websites and/or social media platforms that may be linked to on the Website, the entire content of such website and/or social media platforms;
g) Any products or services advertised by any third party on the Website;
h) The accuracy of any information provided, or opinion expressed on and/or the Website;
i) Any personal injury, property damage or other loss of any type you may incur as a result of visiting the Website and/or relying on and/or taking action upon any information obtained on the Website irrespective of the actual party posting such information;
j) Any loss of personal and/or confidential information as a result of unauthorized access to your account and/or our servers;
k) Any viruses, worms, bugs, trojan horses, trackers and others of the like that may be transmitted and/or downloaded to your device(s) from and/or through the Website and/or our servers;
l) Any interruption and/or disruption of any transmission of information and/or date from the Website and/or through the Website; and
m) Any other loss, injury or harm that you may incur and/or suffer, whether direct or indirect, as a consequence of using the Website and/or relying upon or acting upon any and all information posted, found or otherwise accessed on the Website and/or through the Website.
No information, images, graphics, videos (of any type) provided and/or posted on the Website by ClinicalMatch and/or any other party shall in any way be interpreted as the giving of advice and/or a call to action. Any and all postings on the Website are solely for information purposes only. Any action you take and/or refrain from taking are entirely your decision and any harm, injury or loss you suffer as a result is entirely your own responsibility and ClinicalMatch shall not be responsible or liable for such in any way harm, injury or loss.
19. Disputes and Limitation of Liability
In the event of any dispute between ClinicalMatch and the Registered User, both parties hereby expressly and irrevocably agree that such dispute shall be settled exclusively by way of arbitration.
The basis of the arbitration shall be based on the laws and regulations relating to arbitration that shall be effective from time to time in the State of Delaware unless agreed to in writing otherwise by ClinicalMatch and the Registered User and it is expressly agreed that the arbitration laws and regulations in any and all other jurisdictions is/are expressly excluded.
The decision of the arbitrator shall be final and binding on ClinicalMatch and the Registered User provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this TOU and any decision or award shall be consistent with provisions and intent of this TOU.
In any event, the Registered User shall not be at liberty to raise any dispute in respect of any order until the lapse of thirty (30) clear days from the placement of the order.
All information relating to any disputes between ClinicalMatch and the Registered User, whether in arbitration or not, shall be confidential and the parties shall not disclose such information to any third party on any basis except as specifically required by the arbitration proceedings.
Notwithstanding anything to the contrary in this Clause 19 and this TOU, the Registered User expressly agrees that the limit of ClinicalMatch’s liability to the Registered User in any dispute shall be the value of any purchase made by the Registered User through the use of the Service and/or the Website. The Registered User expressly acknowledges that ClinicalMatch shall not be liable to him/her/it in respect any other loss or harm, economic or otherwise, however suffered, including but not limited to any indirect, incidental, consequential , special or punitive damages for any personal injury, pain and suffering, emotional distress, loss of revenue and/or profits, loss of savings, loss of goodwill and/or reputation, loss of data and/or information of any type, breach of contract, negligence of any nature and further, the Registered User expressly agrees that ClinicalMatch shall not be liable to him/her/it for any equitable and/or liquidated damages of whatever nature for any loss howsoever arising. The Registered User expressly acknowledges that the exclusion of liability by ClinicalMatch forms a foundation of the basis on which ClinicalMatch grants you a licence to use the Website on the terms and conditions set out in the TOU. If the Registered User is in any way dissatisfied with ClinicalMatch’ limitation of liability as expressed in this Clause 19 specifically and this TOU generally, the Registered User must immediately terminate his/her/its account and stop using the Service and/or the Website.
20. Assignments
The Registered User shall not assign its rights and obligations under the TOU without the express prior written consent of ClinicalMatch.
21. Waivers
Any waivers and/or indulgences extended by Operator to the Registered User shall not prejudice and/or restrict the rights and remedies of ClinicalMatch and no waiver in respect of any breach shall operate as a waiver in respect of any subsequent breach. Any failure or delay by ClinicalMatch in exercising any accrued right and/or remedy shall not operate as a waiver, implied or otherwise, of such right or remedy, nor shall any singular or partial exercise or waiver of any right and/or remedy shall prejudice its further exercise or the exercise of any other right and/or remedy.
22. Severability
If any part or parts of this TOU is found to be unenforceable or invalid by any court of competent jurisdiction, such term or terms shall be severed from the TOU as if they had not been included in the TOU from its inception and the remaining terms shall continue to be enforceable and valid.
25. Remedies
ClinicalMatch’ rights and remedies pursuant to this TOU are cumulative and not exclusive.
26. Compliance
ClinicalMatch shall at all times retain the right to monitor the Registered User’s access to the Website and to collect any data and information for the purpose of ensuring your compliance with the TOU and or the relevant laws or an order of a competent court or a government body.
27. Disclosure of The Registered User’s Personal Information
ClinicalMatch will not at any time disclose the personal information of the Registered User at any time except pursuant to a valid court order and/or search warrant. In such event, unless restrained otherwise by the court order and/or search warrant, ClinicalMatch shall give written notice to the Registered User of such disclosure of information and the circumstance thereof and such notice will be sent by email to the Registered User’s last provided email address.
28. Mergers and Acquisitions
In the event that ClinicalMatch and/or its assets, including but not limited to, the Service, and the Website and all intellectual property relating thereto, are purchased by a third party, in whole or in part, ClinicalMatch shall at all times retain the right to transfer the personal details of the Registered User and all information relating to and/or provided by the Registered User to the Buyer.
29. Third Party Websites and Applications
In order to enhance its service, ClinicalMatch may provide links to services provided by third parties on their respective application and websites. For the sake of clarity, it is expressly stated that ClinicalMatch has no control or influence on the operation and/or content of these third party application and websites. Accordingly, Registered Users who elect to follow these links do so absolutely at their own risk. If you follow such links, it is important that you read the Terms of Use and Privacy Policy of such application and websites.
In using the Website. You may elect to connect your account with one or more of your social media accounts through applications provided by such social media organizations. You should be aware that such applications may gather information about you, your use of and the Website, your profile and your content. If you make such connections to your account, you expressly agree to the following:
a) Connections to such application are made entirely at your own risk and you will hold ClinicalMatch and all its stakeholders harmless against any loss, economic or otherwise that you may suffer;
b) That you will indemnify ClinicalMatch against any loss that it might suffer as a result of you making connections to such applications;
c) You consent to the sharing of any and all information that such applications may harvest on you; and
d) You consent to any information harvested by such applications being made public if the case so arises.
30. Third Party Beneficiaries
Notwithstanding any contrary provisions or terms set out in this TOU, the entire content of this TOU is only for the benefit of ClinicalMatch and the Registered User and their respective successors and assigns and this TOU does not in any way whatsoever create or bestow any rights and/or benefits in favour of any third party.
31. Third Party Intellectual Property and Copyright Claims
ClinicalMatch respects the intellectual property of all third parties and all Registered Users of the Website and the Service are required to do the same. In creating their User Creations, Registered Users shall ensure that they do not infringe upon the intellectual property and copyright of any third party.
In the event that ClinicalMatch discovers that a Registered User has made use of third party intellectual property and/or copyright without the necessary consents, ClinicalMatch will take all such steps as are necessary to remove the offending items from its servers in accordance with the DCMA. ClinicalMatch will also remove the offending items if it receives a DMCA Takedown Notice or is otherwise notified in writing together with the details of the claim to the intellectual property and/or copyright. ClinicalMatch may at its absolute discretion terminate the account of a Registered User if the non-authorised use of third party intellectual property and/or copyright is repeated.
32. Advertising
ClinicalMatch may from time to time feature advertising on the Website and such advertising may feature links to third party websites. If you follow such links, you do so absolutely at your own risk and you shall hold ClinicalMatch and all its stakeholders harmless against any loss, economic or otherwise that you may suffer as a result of following such links. The manner, placement and nature of the advertising shall be at the absolute discretion of ClinicalMatch and it may change from time to time and ClinicalMatch may not specifically identify paid and sponsored content and placements to you and you expressly consent to the presence of such advertising.
33. Request to Delete Information
The Registered User may submit a request in writing at any time to for private information to be removed from ClinicalMatch’s database. ClinicalMatch shall process such written notification from the Registered User within thirty (30) clear days from the receipt of such notice provided always that all Order IDs and any personal details attached thereto will not under any circumstances be deleted, removed and/or amended in any way whatsoever. Your written request should be by way of an email directed to support@clinicalmatch.com. Your email should give details of the private information you wish to have removed.
34. Cookies
ClinicalMatch collects information about visitors to the Website through the use of Cookies. For information on ClinicalMatch’ policies relating to the use of cookie, please visit our Privacy Policy page.
35. Governing Law
This TOU shall be governed solely by the laws of the State of Delaware. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the Registered Users may be resident in jurisdictions other than the State of Delaware.
36. Successors And Assigns
This TOU and the agreement within it in respect of the terms and conditions set out herein shall be binding on and shall ensure to the benefit of both parties and their respective successors and, heirs, executors and permitted assigns.
37. Notices
The Registered User hereby expressly consents to receiving any and all notices from ClinicalMatch by electronic means and ClinicalMatch shall give notices to the Registered User by means of an email addressed to the Registered User at the last email address provided by the Registered User to ClinicalMatch and/or posting a notice on the Website. Support inquiries can be sent to ClinicalMatch at support@clinicalmatch.com and notices of a legal nature may be sent to ClinicalMatch at support@clinicalmatch.com or to the address written below:
[ 5100 Westheimer rd, suite 200.Houston Tx, 77056]
38. Modifications and Amendments TOU
ClinicalMatch reserves the right to modify and amend the TOU as it see fit and at its absolute discretion and such amendments and modification shall become effective and operations immediately of the new TOU being posted on the Website. Any use by the Registered User of the Service and/or the Website after any modification or amendment of the TOU is effective shall be taken as an express agreement by the Registered User to the amended TOU. It shall be the sole responsibility of the Registered User to review the TOU posted on and/or Website from time to time to review any modifications and amendments and the Registered User expressly acknowledges and accepts such responsibility. If the Registered User does not agree to the modifications and amendments, the Registered User should immediately stop and refrain use of the Service and/or the Website and should immediately cancel his/her/its account .
39. Entire Agreement
This TOU represents and constitutes the entire understanding and relationship between ClinicalMatch and the Registered User and it supersedes any and all prior understandings and undertakings between them.
40. Interpretation
Headings in this TOU are for convenience only and shall not be used in the interpretation of any provision or terms of this TOU.
41. Contact
You may contact ClinicalMatch for any purposes at support@clinicalmatch.com or at:
[ 5100 Westheimer rd, suite 200.Houston Tx, 77056]
Disclaimer of Listed Clinical Trails and Enrolling in a Clinical Trial
• It is your responsibility, or (and) the responsibility of your legal guardian to ask sufficient questions before enrolling in a clinical trial. You should consult with your loved ones and your physician or health care professional before deciding to volunteer for a clinical trial.
• All clinical trials listed on our website are IRB and FDA approved
• Your participation in any clinical trial is voluntary and you may withdraw at anytime from any clinical trial you are enrolled.
• Clinicalmatch does not guarantee that you will be matched to a clinical trial.
• Do not volunteer to participate in a clinical trial mainly for financial gain.
• There are both benefits and risks involved in participating in a clinical trial
• The Informed Consent Form (ICF) contains detailed information about a clinical trial, read it carefully and ask questions.
• Do not be coerced by your doctor or other persons into participating in a clinical trial.
• It is up to you or your legal guardian to decide if a clinical trial is the best option for you. Inquire about other alternatives to a clinical trial.
• Clinicalmatch does not verify the claims made by clinical trials listed on our website.
• Clinicalmatch does not endorse any clinical trials listed on our website.
• Clinicalmatch does not guarantee the safety or suitability of any clinical trial listed on our website.
• Clinicalmatch does not guarantee that you your medical condition will improve if you enroll in a clinical listed on our website.
Disclaimer of Educational Resources
ClinicalMatch may send you newsletters regarding common clinical research, clinical trials ,medical and health related topics containing specific medical and health related information and links to other related websites. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. ClinicalMatch makes no representations that such information is complete. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by ClinicalMatch nor shall it be considered as the giving of advice in any way. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained in these communications and resources may be compiled from a variety of sources. ClinicalMatch makes no warranty as to the content of these materials or the information contained therein.
Principal Investigator Obligations
By using this site as a Principal Investigator or Researcher, you agree to abide by the following regulations:
• Code of Federal Regulations, 45CFR46, governing the protection of human subjects in research.
• Good clinical practice (GCP) guidelines, by assuring that the rights, safety, and wellbeing of trial subjects are protected, consistent with the principles that have their origin in the Declaration of Helsinki, and that the clinical trial data are credible.
• That the personal information that you receive from Volunteers shall be used for the sole purpose of enrolling volunteers for clinical trials.
• You attest that the clinical trial you listed was reviewed and approved by an Institutional Review Board or similar regulatory agency.
• HIPAA Privacy Rule that establishes the conditions under which protected health information may be used or disclosed by covered entities for research purposes.
Healthcare Provider Obligations
As a provider, you are ethically obligated to ensure that the interests of the patient you are about to refer are protected and to safeguard patient’s’ welfare, safety, and comfort. To fulfill these obligations, you must agree to the following:
• That you have reviewed the research protocol and found it to be scientifically sound ,and that the study meets ethical guidelines for research with human participants
• That the patient’s chart has been reviewed and eligibility has been assessed based on study criteria.
• That in your best judgement this study is relevant to this patient.
• That the patient has received the information they need to make well-considered decisions, including informing them about the nature of the research and potential harms involved.
• That voluntary consent has been obtained from the patient or from the participant’s legally authorized representative if the participant lacks the capacity to consent.
• That reasonable efforts have been made to ensure that the patient understands that the study is not intended to benefit them individually and that the patient may refuse to participate or may withdraw from the clinical study at any time.