Effective 1 October 2018
This Service is a way for physicians to be alerted to opportunities to become investigators for or refer patients to clinical trials, or otherwise participate in research activities. Please read these Terms and Conditions 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 these Terms and Conditions for as long as You continue to be a Member.
In this Agreement, the following terms have the following meanings unless the context requires otherwise:
“Agreement” means the agreement between You and Us created by Your accepting these Terms and Conditions for use of the Services, as amended from time to time in the manner set forth herein; “We, Us, Our” means BBK Worldwide, LLC, TCN® Technologies, LLC, and BBK Worldwide’s subsidiaries and affiliates; and “You, Your, Yourself” means the person Using the Services, who accepts these Terms and Conditions.
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 Profile”), and to maintain and update Your Profile to keep it accurate, current, and complete. You agree that We may rely on Your Profile as accurate, current, and complete. You acknowledge that if Your 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 group 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.
ELIGIBILITY: By Using this Service, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by its Terms and Conditions. By becoming a Member, You represent and warrant that You are a licensed and practicing physician or are a person authorized (e.g., practice employee) to complete membership registration on behalf of such a physician and apprise said physician as to opportunities related to research activities. As a Group Membership Registrant (“GMR”), You represent and warrant that You are authorized by the applicable group to register for this service and provide information regarding Your group. 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 group’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. The Service is intended for individuals at least 18 years old. If You are under the age of 18, You are prohibited from using the Service.
YOUR USE OF THE SERVICE: As a Member, You understand and agree that:
You will complete the opt-in process by providing information pertaining to Your practice, research site, or group. Your 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 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(s) of Your group, information pertaining to the number of physicians associated with your group, the therapeutic area in which Your group’s physicians have expertise, the manner in which patient records are maintained by the site, and whether Your group and physicians are dedicated to clinical research.
Once You have created Your Profile or competed Your GMR questionnaire, You will be contacted periodically by BBK about clinical trial and other research opportunities. 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 in a clinical trial or other research opportunity in which You have expressed interest or expertise, e-mails about an opportunity to refer your patients to a clinical study or research opportunity, 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.
You will have the opportunity, upon opting in, to add additional information about Your medical practice to Your Profile or group for GMRs to further enhance Your ability to participate in research opportunities.
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.
- Opting in to receive notifications in no way implies that You ultimately will be selected to participate in a specific research opportunity. BBK cannot guarantee that You will be selected by a sponsor to participate in a particular research opportunity in which You have expressed interest.
INDEMNITY BY USER: 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 Services, including without limitation: (I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit using the Services 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 Your use of the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
INTELLECTUAL PROPERTY: All intellectual property rights in and to the Services are and shall be owned by Us (or by separate agreement, its client) absolutely. Those rights include, but are not limited to, database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other intellectual and proprietary 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 Services that are not the property of BBK are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services.
OTHER REQUIREMENTS REGARDING SUBMISSIONS: Submissions shall not contain any personal health information, any personally identifiable information about You (such as name, phone number, or e-mail address) that You wish to keep private, or any personal information about anyone else.
COMMUNITY AREAS: If You use a public or community area of the Services, such as blogs, You are solely responsible for Your own Submissions, the consequences of posting Your Submissions, and Your reliance on any information in the community areas or other areas of the Services. Any information You share in any online community area, including any blog area, is by design open to the public and is not private. In the event that You feel threatened or believe that someone else is in danger, You should contact Your local law enforcement agency immediately. We reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Services. We shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Services or any Submissions. As with any public forum on any website, the information Your post may show up in third-party search engine results.
ACCEPTABLE USE: The Services may only be used for lawful purposes and may not be used 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.
NO MEDICAL ADVICE AND NO ENDORSEMENT: BBK DOES NOT PROVIDE MEDICAL ADVICE NOR DOES ITS PROVISION OR MAINTENANCE OF THE SERVICES ESTABLISH A DOCTOR-PATIENT RELATIONSHIP OR CONSTITUTE THE PRACTICE OF MEDICINE, NURSING, OR ANY HEALTHCARE PROFESSION. BBK DOES NOT DIAGNOSE, PRESCRIBE MEDICATION, TREAT, OR GIVE ORDERS NOR DOES BBK HAVE RESPONSIBILITY FOR OR AUTHORITY OVER YOUR CARE. The Services and the entire contents available on or through the Services (including without limitation, material on a website's blogs) (the "Content") is provided for informational purposes only. Any information provided to You by BBK as a result of Your use of the Services, including in connection with a clinical study, is being provided to You solely for Your educational and informational benefit and should not be considered medical advice, diagnosis, or treatment or a substitute for professional medical advice. Your use of the Services is voluntary and You understand and agree that any information communicated to You as a result of Your use of the Services, including in connection with a clinical study, or Your participation in a clinical study, is not intended to be, nor implied to be, and You will not use it as, 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. SHOULD YOU REQUIRE MEDICAL ASSISTANCE WHILE USING OR ACCESSING THE SERVICES, CALL YOUR DOCTOR OR LOCAL EMERGENCY NUMBER, OR PROCEED TO YOUR LOCAL EMERGENCY ROOM. Reliance on the Services or the Content is at Your own risk. BBK does not recommend, endorse, or warrant any test(s), care, treatment(s), procedure(s), medication(s), physician(s), products, opinions, or other information that may be displayed or referenced on or through the Services. BBK encourages that You share any information generated by use of the Services with Your treating healthcare provider.
DELICATE SUBJECT MATTER: The Services may contain health- or medical-related materials, such as information about human anatomy and bodily functions. If You find these materials offensive, do not use the Services.
THIRD-PARTY LINKS: The Services may contain links to third-party websites, materials, and services (“third-party materials”). These links are provided solely as a convenience to You and not as an endorsement by BBK of the contents of any third-party materials. BBK is not responsible for the content or functionality of any linked third-party materials and does not make any representations regarding the content, accuracy of materials, functionality, or privacy protection on such third-party materials. If You decide to access linked third-party materials, You do so at Your own risk. However, We invite Your comments on the accuracy of any linked sites, materials, or services.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) disclosing any confidential or private information You may learn using the Services, except as expressly authorized by that person or BBK; (b) accessing data not intended for such use or logging into a server or account that You are 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; (d) attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus, overloading, flooding, spamming, mail bombing, or crashing; or (e) sending unsolicited e-mail, including promotions and/or advertising of products or services. BBK reserves the right, at its sole discretion, to immediately terminate access to the Services and/or any other Content or service provided if You breach any of these Terms and Conditions or for other good cause. Violations of system or network security may result in civil or criminal liability. BBK will cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You agree not to use the Services for any commercial purposes, or to download, save, copy, transmit, or distribute the Content except as specifically allowed in this Agreement. We may change, modify, suspend, or discontinue any aspect of the Services at any time. We may also impose limits on certain features or restrict or prohibit Your access to parts or all of the Services without notice or liability. You agree to be bound by any application-, tool-, or content-specific rules published within the Services. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher. Your use of the Services is conditioned upon Your compliance with this Agreement; any use of the Services in violation of this Agreement will be regarded as an infringement of Our copyrights in and to the Services. We reserve the right to terminate Your access to the Services without notice if You violate this Agreement or for any reason at Our discretion.
Use of the Services may require a user code or a username and password. You are responsible for maintaining the confidentiality of Your user code or username and password. You are responsible for all uses of Your username or user code, whether or not authorized by You. Your user code or username and password are meant for Your individual use only. Do not share them with any other person, and do not store them in any place that can be easily accessed by others. You agree to immediately notify BBK of any known or suspected unauthorized use of Your user code or username or password.
TERMINATION: This Agreement shall become effective when You acknowledge Your acceptance of these Terms and Conditions (including by using the Services or downloading any Content) and, except as to provisions that survive termination, will terminate when Your use of the Services ends, unless sooner terminated as provided herein. BBK reserves the right, at its sole discretion, to immediately terminate Your access to the Services and/or any other Content or service provided if You breach any of these Terms and Conditions or for other good cause.
DISCLAIMERS: WE PROVIDE THE SERVICES ON AN “AS IS” BASIS AND GIVE NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION WITH SERVICES PARTICIPANTS OR US OR OTHERWISE WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE; OR THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; OR THAT THE SERVICES OR THE CONTENT COMPLIES WITH ANY GOVERNMENT REGULATIONS CONCERNING PRESCRIPTION DRUG DISCLOSURES; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. WE ARE NOT PHYSICIANS OR HEALTHCARE PROVIDERS AND THE SERVICES AND CONTENT DO NOT PROVIDE HEALTH, MEDICAL OR SURGICAL CARE, ADVICE, RECOMMENDATIONS, OR TREATMENT AND ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. BBK DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR PROVIDER OR PROCEDURE. THE SERVICES ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS, OR FOR PHYSICAL DAMAGES, BODILY INJURY, OR EMOTIONAL DISTRESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASE: You forever release, discharge, and agree not to sue Us from any and all liability, claims, actions, and expenses that may arise in connection with Your use of the Services or Your interaction with any party through or as a result of the Services. You agree that this section will survive any termination of Your account(s), the Services, or this Agreement.
COMPLAINTS: To resolve a complaint regarding the Services, You should first contact Us by e-mailing
or by calling +1 (617) 630-4477.
COPYRIGHT: The Services and all information and Content included within the Services, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, and any compilations of such Content, are the property of BBK, its assigns, or its content suppliers, and is copyrighted and protected under U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of any Content on the Services is strictly prohibited without prior written approval of BBK or its assigns.
INQUIRIES: You may address any questions, complaints, or comments to the following:
BBK Worldwide, LLC
117 Kendrick Street
Needham, MA 02494
Telephone: +1 (617) 630-4477
JURISDICTION: This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to personal jurisdiction of and exclusive venue in the state and federal courts of Massachusetts with regard to any and all claims by You arising out of, or related to, the Services. 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.
To the extent that the Services are available to individuals located in the European Economic Area and the United Kingdom, We are bound by and act in compliance with the GDPR and may be subject to investigative and corrective powers of the relevant supervisory authority. The relevant supervisory authority is the public authority established in the relevant territory within the European Economic Area and/or the United Kingdom and which is responsible for monitoring the application of the GDPR within that territory.
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.
ENGLISH LANGUAGE CONTROLS: Any translation is provided for Your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. The translation may not accurately represent the information in the original English. Copyright © by BBK Worldwide, LLC. All rights reserved.