Terms of Service
Terms of Use
Welcome to TrialSearch (the Site), the patient information website of SubjectWell, Inc. (SubjectWell, we, or us). TrialSearch is the marketplace of clinical trials to find studies in your area and learn whether you can qualify for trial participation. We appreciate your commitment to clinical trials and finding better ways to prevent, diagnose or treat diseases and health problems.
While we can’t promise that you will qualify for any particular study, receive treatment or achieve any specific outcomes, we do provide potential access to a wide variety of clinical trials, including those that are currently seeking participants.
Please read these Terms carefully before using the Health Intelligence Services, and understand that qualifying for clinical trials is a multi-step process, so you will need to provide information both on a web form through the Site and over the phone to have a chance to qualify for any specific clinical research project.
By using the TrialSearch Services, you accept the terms and restrictions described in these Terms. If you do not agree to any of these terms, please do not use the Services, because you will be held to them. We sometimes change our Terms to accurately reflect our Services and practices and will post revised versions of our Terms on the Site. We last revised these Terms on May 27, 2020.
Your Contact Information and Eligibility
We cannot contact you through the Site or complete your request for clinical trials information without your contact details and certain background information necessary to identify clinical trials that may be well-suited for you. By submitting your information through the Site, you understand that we will contact you directly (by phone, SMS text, email, or other method, depending on the information you provide and the options you choose on the Site) to complete the next steps of the qualification process to determine your eligibility for a clinical trial or for other health related services. By submitting your mobile phone number through the Site registration, you understand and agree that we may contact you using an auto-dialer, prerecorded or artificial voice message, or SMS text message to communicate about your request, eligibility or other matters related to the Services. You also understand that your mobile carrier may charge message or data fees and you can opt-out at any time by replying STOP. You do not have to opt-in to SMS text messages to use the Services. For more information regarding our text messaging, please contact us using the Contact Us information below. Any information submitted through the Site or our Services will be managed in accordance with our Privacy Policy.
Communications and Messaging
If you pre-qualify for a study, TrialSearch will call using auto-dialed technology and may send SMS notifications from SubjectWell or short code 38066. Message frequency may vary per user. Text “HELP” to 38066 for help. Test “STOP” to cancel. Participating carriers are: AT&T, Sprint, Boost, Virgin, T-Mobile, MetroPCS, Verizon Wireless. T-Mobile is not liable for delayed or undelivered messages. Messages and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to Privacy@subjectwell.com or call 1-844-612-6317. If you have questions regarding privacy, please read our Privacy Policy.
Use of Our Services
Our Services are for your personal use only. You agree to tell us the truth in the information you provide, to obey the law, and that you will not sign up for our Services for business purposes. If you comply with this agreement and these Terms, you can use the Services and you may qualify for participation in one or more clinical trials. Using the Services in any other way than described in this paragraph may violate copyright and other laws or regulations and you may be subject to liability for such unauthorized use.
To this end, you may not access the Services in an unauthorized fashion or use automated programs to scrape information off of our Site or for any other purpose. You can’t reverse engineer the Services or access the source or metadata for any reason. You may not interact with other Site users or attempt to discover the identities or preferences of any other Site users. You agree not to damage or slow the workings of the Site or Services in any way.
Information on the Site
The content of the Site is provided solely for general informational purposes. We do not provide medical or similar professional advice through the Site, and the information set forth herein or therein is not intended to, and should not, replace medical advice provided by your physician or healthcare provider. We have no control over sites we link to, and their information may change without our knowledge. Any information you provide is no guarantee that you will qualify for any clinical studies or trials or that you will be enrolled in any clinical trials that you apply for or that you will receive any treatment or guarantee of specific medical results or outcomes.
Intellectual Property
We give you a limited license and access rights to the Site, based on your honest participation. We own the Site, including code and all aspects of “look and feel” of the Site, and have an interest in any information you give us.
We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights, except as expressly granted to you in these Terms. You shall not (i) alter any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, or (ii) make commercial use of the Site or the Services.
Access and Termination
You may access the Site over the internet, but SubjectWell, Inc. is not responsible for any costs you may incur to do so, or any costs related to any clinical trials you may contact or participate in. You consent to receiving information from us by electronic means, and if you provide your telephone number you consent to us calling you at that number. We may terminate your access to this Site and its benefits at any time for any reason or no reason.
Warranties, Disclaimers and Limitations of Liability
Your use of the Services is at your sole risk. The Site and Services are provided “as is.”
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THEIR FREEDOM FROM VIRUSES OR MALICIOUS CODE, OR THEIR RELIABILITY, TIMELINESS, ACURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE DON’T PROMISE TO CORRECT ANY ERRORS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (a) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS (USD $50.00). ANY CLAIM RELATED TO THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE.
Indemnification
These Terms, together with our Privacy Policy constitute the entire agreement between you and us regarding the Services. If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof. These Terms and the relationship between you and us will be governed and construed in accordance with the laws of Delaware, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of Delaware. The Services are operated out of the United States. We make no representation that the Services, or content or information available via the Services, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.
Contact Us
If you have any questions about these Terms or our Services, including if you feel your copyright has been violated, please feel free to contact us:
Mail: 8300 N MoPac Expy, Ste 300 Austin, TX 78759, USA
Phone: 844-612-6317
Email: Privacy@subjectwell.com
Medical Disclaimer: The information provided in this article is not a substitute for the advice of qualified healthcare professionals. While we strive to publish accurate information, it is not possible to cover all potential scenarios, including drug or treatment effects, interactions, or usage. You should not rely solely on this article to determine whether a particular treatment, drug, or clinical trial is suitable for you or any other individual. Always consult a healthcare professional before starting or changing any treatments.