INTRODUCTION
The Site (www.clinboost.com) is owned and operated by New Life Clinical Research, LLC (NLCR). We or our licensors retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by ClinBoost you may not make use of the Site, Site Content, and Marks. Throughout the site, the terms “we”, “us” and “our” refer to ClinBoost. ClinBoost offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, and/or customers.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Eligibility
You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. SERVICES & CONTENTS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3. POLICY UPDATE
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. Our site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Non-U.S. VISITORS
The Site is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with the storage and processing of data, fulfilling your requests, and operating the Site. By providing any information, including personal information, on or to the Site, you consent to such transfer, storage, and processing.
5. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. Please read ClinBoost Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into and made a part of, these Terms.
6. PROHIBITED USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
7. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. We do not guarantee the accuracy, completeness, or usefulness of the site or site content, and you rely on the site and site content at your own risk. Any material obtained through the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the site. No advice or information, whether oral or written, obtained by you from ClinBoost or through or from the site will create any warranty not expressly stated in this agreement. However, ClinBoost does not disclaim any warranty or other right that ClinBoost is prohibited from disclaiming under applicable law.
8. LIMITATION OF LIABILITY
ClinBoost will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, injury, loss, claim, punitive, consequential damages, damages for loss of profits, goodwill, use, data, or other intangible losses (even if ClinBoost has been advised of the possibility of these damages), resulting from your use of the site and site content. Under no circumstances will ClinBoost have any liability of any kind arising out of or related to your use of the site or services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed $50. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails in its essential purpose.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless ClinBoost and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party. We and our licensors reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
10. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
11. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois. This agreement (a) submits to the jurisdiction of any state court of the State of Illinois or federal court sitting in the Lake County of the state of Illinois with respect to any legal action or proceeding arising out of or relating to this Agreement; (b) any dispute with respect to such action or proceeding shall be heard or determined only in any such court.
13. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
14. LIMITED LICENSE
Subject to these Terms, ClinBoost grants you a limited, revocable license to access and use the Site solely for non-commercial purposes to learn more about ClinBoost services. No other use of the Site is authorized.
15. WAIVER
Your use of any of our services constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that service.
16. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@clinboost.com
17. RELEASE
if you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
18. GENERAL TERMS
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and ClinBoost regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
19. LEGAL NOTICES
These Terms are governed by the laws of the state of Illinois without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site will lie in the state and federal courts located in Cook County, Illinois. The failure of ClinBoost to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by ClinBoost in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
20. Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Illinois regardless of its choice of law rules. In addition, users consent to be subject to the exclusive jurisdiction of the state and federal courts of Illinois in the event of any dispute between the parties.
21. Amendment
ClinBoost reserves the right to modify or change the terms of this agreement as it determines from time to time in the best interests of ClinBoost.
22. Speakers
Speakers including but not limited to Guest Speakers, Research professionals, and industry experts who may use our platform for presentations, webinars, and/or blogs are expected to present data that is accurate, relevant, and does not violate copyright. The opinions of the speakers are of their own and do not reflect the opinion of the ClinBoost
The speakers are expected to have obtained all necessary licenses and permissions for any third party intellectual property including, but not limited to, music, video, or other media are shown as part of their presentation; the ClinBoost is not responsible for investigating or confirming third party rights are being violated.
The speakers are also expected to present in a professional and civil manner.
TERMS OF SERVICE-- Patients
Welcome to clinboost.com (the “Site”). The Site is owned and operated by New Life Clinical Research LLC d/b/a Clinboost and its affiliate New Life Clinical Research, LLC (collectively, “ClinBoost”, “we”, “us”, “our”). We help companies (our “Clients”) that are involved in clinical trials find suitable patients to participate in clinical studies (“Studies”). The Site may contain a list of upcoming Studies run by our Clients.
By using or accessing any ClinBoost services (the “Services”), you agree to be bound by the following terms (this “Agreement”) governing the use of the site and our Services.
In addition to this Agreement, your use of the Site and our Services are also governed by our Privacy Policy. The Policies are incorporated into this Agreement by reference and should be read in conjunction with this Agreement.
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 enquire about a study through the Site. In order enquire about a particular Study, you may need to provide your name, email address, phone number and/or brief medical history related to study (collectively, your “Personal Data”). Once you’ve signed up by providing this Personal Data, your information will be forwarded to the Client to determine if you qualify for the Study and they will contact you accordingly.
By signing up and enquiring about a study does not guarantee that you will qualify for the study or be contacted by Client. The Services provided to you will be limited to forwarding your collected information to our Client(s), who will check your eligibility for clinical trial study(ies).
When you sign up as a Candidate, we will keep your Personal Data for up to four years in order to consider you for one or more Studies. After that time, we may reach out to you by email (info@clinboost.com) and request if you would like us to continue to keep your Personal Data on file so that you can continue to be a Candidate for other Studies with our Client(s). If we do not contact you, or you tell us that you do not want to continue to be a Candidate, we will delete your Personal Data as described in our Privacy Policy.
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 by themselves. Use of the Site or the Services by minors should be strictly under supervision of parent(s)/guardians.
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.
5. License
ClinBoost 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, and preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site.
6. Termination
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 ClinBoost. If the Candidate wishes Clin Boost to delete your personal information from database, please contact us via email (info@clinboost.com). However, Clin Boost cannot delete your information that was shared with Clin Boost’s Client(s) for clinical trial study upon your prior request while filling the form as Clin Boost does not have access and rights to Client(s) database. However[Ma3] , 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 later effective date. You can view the most recent version of this Agreement at any time at https://clinboost.com/terms-of-service. 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.
8. Indemnification
You agree to indemnify, defend, and hold harmless ClinBoost, its directors, officers, beneficial owners, and employees, from any liability, loss, claim, and expense, including attorneys’ fees, related to your violation of this Agreement.
9. Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE EXTENT ALLOWABLE BY LAW, CLINBOOST 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 CLINBOOST 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.
11. Assignment
CLINBOOST reserves the right to 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.
12. Waiver
The failure of CLINBOOST to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
13. Severability
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 Illinois, without regard to its conflict of law’s provisions, will govern this Agreement and any dispute that may arise between you and CLINBOOST. The courts of the State of Illinois will have sole and exclusive jurisdiction to hear or determine any dispute or controversy arising under or concerning this Agreement.
15. Entire Agreement
This Agreement (along with our Privacy Policy) constitutes the entire agreement between you and CLINBOOST regarding your use of the Site and our Services.