This BIO Notifier service ("Service") is a way for physicians to be alerted to opportunities
to become investigators for clinical trials related to their medical specialty.
The Service is provided by BBK Healthcare, Inc., d/b/a BBK Worldwide ("BBK")-powered
by TCN e-Systems, whose principal office is located at 320 Needham Street, Suite
150, Newton, Massachusetts 02464 USA. The BIO Notifier is a confidential service
subject to the Terms and Conditions described herein and to the incorporated Privacy
Policy. Only BBK (defined below) will contact you on behalf of clinical trial sponsor
companies, to inform you of opportunities to become an investigator for clinical
This legal agreement ("Agreement") is made between You and Us. This Agreement, as
it may be amended from time to time, applies to all users of The BIO Notifier.
Please read this Agreement carefully before registering for the Service. By registering
for the Service, You become a BIO Notifier member (a "Member"), and You agree to
be bound by the Terms and Conditions of this Agreement for as long as You continue
to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT,
DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE
SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE
SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF
THIS AGREEEMENT ON THE SERVICE.
In this Agreement the following terms have the following meanings unless the context
"Agreement" means the agreement between You and Us incorporating
these Terms and Conditions for the provision of the Service, as amended from time
to time in the manner set forth herein;
"We, Us, Our" means BBK Healthcare, Inc., d/b/a BBK Worldwide ("BBK")-powered
by TCN e-Systems, and BBK Worldwide Limited; and
"You, Your, Yourself" means the person who registers for the Service,
who accepts the Terms and Conditions of this Agreement, and whose application for
membership of the Service is accepted by Us.
ELIGIBILITY: By becoming a Member, You represent and warrant that
You are a licensed and practicing physician or are a person authorized (e.g., investigative
site support personnel) to complete membership registration on behalf of such a
physician and apprise said physician as to opportunities related to their medical
specialty. As a Group Membership Registrant (“GMR”), You represent and warrant that
they are authorized by the applicable site to register for this service and provide
information regarding Your site. By using the Service, You represent and warrant
that You have the right, authority, and capacity to enter into this Agreement, and
to abide by the Terms and Conditions of this Agreement. Your membership for the
Service is for Your sole, personal use or as a GMR, for Your site’s use. You may
not authorize others to use Your membership, and You may not assign or otherwise
transfer Your account to any other person or entity.
REGISTRATION: When and if You register to become a Member, You
agree to provide accurate, current, and complete information about Yourself as prompted
by Our registration form ("Your Practice Profile"), and to maintain and update Your
Profile to keep it accurate, current, and complete. You agree that We may rely on
Your Practice Profile as accurate, current, and complete. You acknowledge that if
Your Practice Profile is untrue, inaccurate, not current, or incomplete in any respect,
We may terminate this Agreement and Your use of the Service. If You are a GMR, You
agree to provide accurate, current, and complete information about Your site as
prompted by the initial registration questionnaire, and to maintain and update Your
registration information, to keep it accurate, current, and complete. You agree
that We may rely on Your registration information as accurate, current, and complete.
You acknowledge that if Your registration information is untrue, inaccurate, not
current, or incomplete in any respect, We may terminate this Agreement and Your
use of the Service.
TERM AND TERMINATION: This Agreement will remain in full force
and effect while You use the Service and/or are a Member. You may terminate Your
membership at any time by sending Us written or e-mail notice of termination, or
by clicking the opt-out link. Either You or We may terminate Your membership by
removing Your Practice Profile or registration information, at any time, for any
reason, with or without explanation, effective upon sending written or e-mail notice
to the other party. Even after membership is terminated, this Agreement will remain
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will complete the opt-in process by providing information pertaining to
Your practice or site. Your Practice Profile information includes: Your first name;
Your last name; Your medical specialty and sub-specialty (if applicable); Your e-mail
address; the institution with which You are affiliated / organization or practice
name; Your title; and the complete address of the institution and / or practice.
You will also indicate Your preferred means by which You would like to receive information
from this Service (“Contact Preferences”). In addition, You will also designate
a username and password. The information collected herein is hereinafter referred
to as “Your Practice Profile” or “Your Profile.” To become a member of the service,
You are required to opt in and to indicate that you have reviewed and accepted these
Terms and Conditions. As a GMR, You will complete the applicable registration questionnaire,
including, but not limited to, contact information, location of the site, information
pertaining to the number of physicians at the site, the therapeutic area in which
the site physicians have expertise, the manner in which patient records are maintained
by the site, and whether the site and the physicians are dedicated to clinical research
(please be advised that in the Description data field We are not seeking your relay
of any personal health, proprietary, or confidential information).
(2) Once You have created Your Practice Profile or competed Your GMR questionnaire,
You will be contacted periodically by BBK about clinical trial opportunities appropriate
to Your medical specialty or site. By becoming a Member, You agree to accept and
to consent to receiving e-mail communications initiated from Us or through Us including,
without limitation: clinical trial opportunity notification e-mails, e-mails informing
You of changes to the Service, e-mails informing You that You have been selected
to possibly participate as an investigator or site in a clinical trial in which
You have expressed interest or expertise, and e-mails about the clinical trial industry
that may concern Your practice, Your Site, Your knowledge or that of a colleague.
Should You not wish to receive any of Our e-mail communications, please do not register
with Us for the Service.
(3) You will have the opportunity, upon opting in, to add additional information
about Your medical practice to Your Practice Profile or site for GMRs to further
enhance Your ability to participate in a clinical trial.
(4) The BIO Notifier is an opt-in, consent-based, free-of-charge service. Registration
is completely free, and all information regarding opportunities will be provided
to You at no cost and without obligation. At any time, You may opt out of the Service.
(5) Opting in to receive notifications in no way implies that You ultimately will
be contracted to participate in a specific study. BBK cannot guarantee that You
will be selected by a sponsor to participate in a particular clinical trial opportunity
in which You have expressed interest.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and
Our officers, directors, employees, agents, and third parties harmless for any losses,
costs, liabilities, or expenses relating to, or arising out of, Your use of the
(I) Your breach of this Agreement; (II) any allegation that any materials that You
submit to Us or transmit to the Service infringe or otherwise violate the copyright,
trademark, trade secret, or other intellectual property or other rights of any third
party; and/or (III) Your activities in connection with the Service. This indemnity
shall be applicable without regard to the negligence of any party, including any
ONLINE CONTENT: Opinions, advice, statements, offers, or other
information or content made available through the Service, but not directly by Us,
are those of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND WE NEITHER ADOPT
NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE
WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION
OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
INTELLECTUAL PROPERTY: All intellectual property rights in and
to the Service are and shall be owned by Us, absolutely. Those rights include, but
are not limited to, database rights, copyright, design rights (whether registered
or unregistered), patents, trademarks (whether registered or unregistered), and
other similar rights, wherever existing in the world, together with the right to
apply for protection of the same. All other trademarks, logos, service marks, and
company or product names set forth in the Service are the property of their respective
PRIVACY: Your Practice Profile or GMR information, which You provide
to Us, will be stored on computers and/or servers. You also agree to read, review,
comply with, uphold, and maintain Our Privacy Statement and the Terms and Conditions
thereof. If You are located outside of the United States, please note that the information
that You provide is being sent to the United States. By becoming a Member of the
Service, You consent to Your data being sent to the United States, and to such other
third parties and jurisdictions as may be involved in the provision and operation
of the Service.
ACCEPTABLE SITE USE: The Web site may only be used for lawful purposes.
Members may not use the Web site in order to transmit, distribute, store, or destroy
material (a) in violation of any applicable law or regulation; (b) in a manner that
will infringe the copyright, trademark, trade secret, or other intellectual property
rights of others, or violate the privacy, publicity, or other personal rights of
others; or (c) that is defamatory, obscene, threatening, or abusive.
WEB SITE SECURITY RULES: Members are prohibited from violating
or attempting to violate the security of the Web site, including, without limitation,
(a) disclosing any information on this Web site to any third person; (b) accessing
data not intended for such use or logging into a server or account that the user
is not authorized to access; (c) attempting to probe, scan, or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (d) attempting to interfere with service to any user, host,
or network, including, without limitation, via the means of submitting a virus to
the Web site, “overloading,” "flooding," "spamming," "mail bombing," or "crashing;"
or (e) sending unsolicited e-mail, including promotions and/or advertising of products
or services. Violations of system or network security may result in civil or criminal
liability. BBK will cooperate with law enforcement authorities in prosecuting Members
who are involved in such violations.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT
NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION
WITH OUR MEMBERS OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED,
ALWAYS AVAILABLE, OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR,
AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU OR
TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT
OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT CONDUCT BACKGROUND CHECKS
OR OTHERWISE SCREEN MEMBERS REGISTERING FOR THE SERVICE IN ANY WAY. WE WILL NOT
BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, INCLUDING
BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, OR EMOTIONAL DISTRESS, ARISING
OUT OF THE USE OF THIS SERVICE.
COMPLAINTS: To resolve a complaint regarding the Service, You should
first contact Us by clicking: contact us
or by calling +1 617-630-5599.
COPYRIGHT: This Web site and all information included on this Web
site, such as text, graphics, logos, button icons, images, audio clips, video clips,
and software, is the property of BBK, its assigns, its content suppliers, and/or
its disclosed client, and is copyrighted and protected under U.S. and international
copyright laws. The compilation of the information on this Web site is the exclusive
property of BBK, and is protected by U.S. and international copyright laws. All
software used on this Site is the property of BBK, or of its software suppliers,
and is protected by U.S. and international copyright laws. Any other use, including
the reproduction, modification, distribution, transmission, republication, display,
or performance of the content on this site is strictly prohibited without prior
written approval of BBK.
320 Needham St
Newton, MA 02464
Telephone: +1 617-630-5599
DISPUTE RESOLUTION: This Agreement is governed by the laws of the
State of Massachusetts without regard to its conflict of law provisions. You agree
to personal jurisdiction by and exclusive venue in the state and federal courts
of the State of Massachusetts with regard to any and all claims by You arising out
of, or related to, The BIO Notifier. This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
WAIVER AND SEVERABILITY OF TERMS: Our failure to exercise or enforce
any right or provision of this Agreement shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be void, invalid, or unenforceable, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected
in the provision. In such case, the other provisions of this Agreement shall remain
in full force and effect.
You certify that You have read and that You agree to be bound by the Terms and Conditions