TERMS OF SERVICE
Effective date: January 1, 2022
Welcome to (the “Site”). The Site is owned and operated by Blue Modo Media, Inc (collectively, “Blue Modo Media, Inc”, “we”, “us”, “our”). We help companies that are involved in clinical trials (our “Clients”) find suitable patients to participate in clinical studies (“Studies”). The Site contains a list of upcoming Studies run by our Clients.
By using or accessing any Blue Modo Media, Inc services (the “Services”), you agree to be bound by the following Terms (this “Agreement”) governing the use of the site and our Services.
Please review this Agreement and the Policies carefully. If you do not agree to the terms contained in this Agreement (including the terms of the Policies), you must not use the Site or our Services.
1. Overview of the Site and Services
You can search for Studies and sign up to be a candidate (a “Candidate”) through the Site. In order to become a Candidate for a particular Study, you will need to provide your name, email address, and phone number as well as answer a series of questions (collectively, your “Personal Data”). Once you’ve signed up by providing this Personal Data, a coordinator will contact you in order to determine if you qualify for the Study, and if you do, to help schedule a time to see the doctors conducting it.
Our Client’s Studies each have unique qualification criteria. Unfortunately, this means that we can’t match every Candidate with a Study. By signing up to be a Candidate, there is no guarantee that you will be contacted by Blue Modo Media, Inc or our Clients. Furthermore, Blue Modo Media, Inc and our Clients reserve the right to reject Candidates for any reason. The Services provided to Candidates will be limited to considering them for Studies, attempting to contact those who may meet the qualification criteria, and providing appointment reminders and tools for facilitating communication between you and the doctors conducting the Study.
2. Use by Minors Prohibited
The Site and our Services are intended for those over the age of 18. Neither the Site nor the Services are intended for anyone under the age of 18. Use of the Site or the Services by minors is strictly prohibited.
3. Accuracy of Information You Provide
You represent and warrant that any and all information you provide to us shall be truthful and accurate to the best of your knowledge.
4. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site.
Blue Modo Media, Inc hereby grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, or reverse engineer or break into the Site.
This Agreement shall be effective immediately upon your acceptance and shall continue so long as you continue to use the Site and the Services, or until your use of the Site and Services is terminated by Blue Modo Media, Inc. You may terminate your use of the Services at any time by sending a request to [email protected]. Blue Modo Media, Inc may terminate your use of the Site and Services at any time, with or without notice, for any reason. However, Sections 3, 8, 9, 10, 12, and 14 of this Agreement shall survive termination by either party.
7. Changes to this Agreement
We may modify this Agreement at any time upon posting of the modified terms with a new effective date. Any such modifications shall be effective immediately, unless otherwise noted by a later effective date. You can view the most recent version of this Agreement at any time by emailing [email protected]. You should visit the Site and review the Agreement periodically to determine if any changes have been made. Your ongoing use of the Site and our Services shall constitute and be deemed your unconditional acceptance of this Agreement, and your acceptance of any changes or amendments.
You agree to indemnify, defend, and hold harmless Blue Modo Media, Inc, its directors, officers, beneficial owners, and employees, from any liability, loss, claim and expense, including attorneys’ fees, related to your violation of this Agreement.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE EXTENT ALLOWABLE BY LAW, BLUE MODO MEDIA, INC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE SITE AND SERVICES.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BLUE MODO MEDIA, INC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR OUR SERVICES, EXCEPT AS REQUIRED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE SITE AND SERVICES.
This Agreement will bind and insure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement, except that Blue Modo Media, Inc may assign this Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets or voting securities.
The failure of Blue Modo Media, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Applicable Law
The laws of the State of Delaware, without regard to its conflict of laws provisions, will govern this Agreement and any dispute that may arise between you and Blue Modo Media, Inc. The courts of the State of Delaware will have sole and exclusive jurisdiction to hear or determine any dispute or controversy arising under or concerning this Agreement.
15. Entire Agreement