Effective Date: March 1, 2022
Welcome to BuildClinical LLC ("BuildClinical", also "we", "us", "our"). We assist research institutions and entities ("Clients") in identifying and managing potential research participants ("Services") for their ongoing research through the use of our website, www.buildclinical.com ("Website").
The following terms and conditions constitute a formal agreement between you and BuildClinical, and governs your use of the Website both as a casual viewer and as a registered user. By using the Website, and/or by submitting your personal data for consideration, you agree to be bound by the following Terms of Use.
In addition to these Terms of use, your use of the Website and our Services are also governed by our Privacy Policy, and you hereby consent to those information practices as described. The Privacy Policy is incorporated into the Terms of Use by reference and should be reviewed as it relates to all information we collect on the Website.
Kindly review these Terms of Use and the BuildClinical Privacy Policy before proceeding. In the event that you do not consent to the Terms of Use or Privacy Policy, you should not utilize the Website or our Services.
1. BuildClinical Services
You can learn about research studies and sign up to potentially participate (a "Prospective Participant") through the Website. To become a Prospective Participant for a specific study, you should complete the appropriate Submission Form ("Submission Form"), where we will gather certain personal and health related data ("Personal Data") that can be utilized to recognize you.
For example, you may be asked for your:
When you have joined by completing the Submission Form and providing this Personal Data, a BuildClinical facilitator will get in touch with you, whether that be by email, phone call or SMS text message, so as to decide whether you meet all requirements for the study, and to help plan requisite follow-up.
By submitting the Submission Form and your Personal Data, you understand and agree that if the phone number you provide is for a mobile phone, we may contact you using an auto-dialer, prerecorded or artificial voice message, or SMS text message. You also understand that your mobile carrier may charge message or data fees.
If you sign up as a Prospective Participant, and submit the Submission Form, we will save your Personal Data for consideration for our Client's research studies, whether current or future opportunities, for 10 years. By submitting your Personal Data on the Website for a Client's research study, you consent for that information to be utilized to notify you about our Clients' research studies and to you regarding our Services. All uses of your Personal Data are stated in our Privacy Policy, which can be found here. If you wish to disclose to BuildClinical that you no longer wish to continue utilizing our Services, please do so by emailing us at support@buildclinical.com.
2. Eligibility
Our Client's ultimately oversee the requirements of their research studies, and which Prospective Participants are appropriate. As a result, BuildClinical cannot match each Prospective Participant with a research study placement. By signing up as a Prospective Participant, there is no guarantee that you will be contacted by BuildClinical. Moreover, BuildClinical retains the authority to deem Prospective Participants ineligible for any reason. The Services available to Prospective Participants will be restricted to considering them for Client's research studies, contacting the individuals who may meet the research study eligibility requirements, and enabling correspondence between you and the Client's research team leading the research study.
Further, this Website is intended for the use of individuals ages 13 and above. The use of this Website and Services is strictly prohibited by individuals below the age of 13. We enforce strict removal of any information of a minor under the age of 13, submitted by the minor. Further, if you are over the age of 13 but under the age of 16, your legal parent or guardian must approve the information you submit on your behalf. Parents or legal guardians may provide us with information about their minor children under 13 (or 16, if located in California). To comply with applicable law, our Website is not intended for children under 13 years of age (or 16, if located in California) to directly enter information about themselves. We do not knowingly collect data directly from minors under 13 (or directly from those under 16 in California). If you are under 13 (or 16 in California), do not, without legal parent or guardian consent, directly provide any information on our Website such as your name, address, telephone number, email address.
If we are informed of unknowingly collecting information directly from a person over the age of 13 but under the age of 16 without a legal parent or guardian consent, we will delete that information. If we are informed of unknowingly collecting information directly from a minor under 13 (or 16 in California), we will delete that information. If you believe we might have collected any information directly from a minor under 13 (or from a minor under 16 in California), please contact us at support@buildclinical.com.
3. Information Accuracy
BuildClinical makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any information on the Website. By using the Website, you agree to accept the risks of using the Website and further agree that neither BuildClinical nor our representatives are responsible for all or any acts or omissions of users of the Website.
BuildClinical is not responsible for the availability of outside websites or resources linked to or referred to on the Website. BuildClinical does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BuildClinical shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.
Further, you speak to and warrant that all data you provide to BuildClinical will be honest and accurate as far as you know. Your Personal Data shall not contain material that infringes on the intellectual property or privacy rights of others, including but not limited to copyright, trademark, patent, or trade secret rights.
4. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Website. In addition, you must abide by our policies as stated in these Terms of Use, as well as all other operating rules, policies, and procedures that may be published from time to time on the Website by BuildClinical. Each of these listed items is hereby incorporated by reference and each of which may be updated by BuildClinical from time to time by posting such updates to the Website.
5. Limited License
BuildClinical hereby grants you a personal, limited, revocable, non-exclusive, and non-transferable license to utilize the Website pursuant to the requirements and restrictions contained in these Terms of Use. BuildClinical may, in our sole discretion, change, suspend, or discontinue any element of the Website at any time. Additionally, BuildClinical may impose limits on services or restrict access to portions of the Website without any prior notice or liability to you or third parties.
6. Use of Website
The Website is for your personal, non-commercial use only. You agree to provide us with accurate information, obey the law, and not use this Website for commercial, business purposes. If you agree to these Terms of Use, you may use our Services and be considered for our Client's research studies. If you use this Website in ways not intended for use that disregard our Terms of Use, you may be subject to liability for such unauthorized use. We expressly disclaim any and all liability in connection with content submitted by users. BuildClinical may, in its sole discretion, remove or delete any content that violates these Terms of Use or that we find otherwise objectionable.
You may not access the Website in an unauthorized fashion or use automated programs to gather information off of the Website, for data mining, for data extraction, for data harvesting, or for any other purpose. You cannot reverse engineer the Website or access the source or metadata for any reason. You must not use the Website to transmit or send unsolicited commercial communications, including other Website users. You must not attempt to discover the identities or Personal Data of any other Website users. You must not use the Website in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not use the Website for any purposes related to marketing without our express written consent, which can be obtained by emailing us at support@buildclinical.com.
If taken to another site, we have no control over sites we link to, and their information may change without our knowledge. Access to third party websites from the Website is done at your own risk.
7. Restricted access
Unless given specific access, access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or Services, you must ensure that user ID and password is kept confidential. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to notify BuildClinical of any unauthorized use of your account or password or any breach of security. You also agree that BuildClinical cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. We may disable your user ID and password at our sole discretion without notice or explanation.
8. Information on the Website
All information found on the Website is provided for general informational purposes. Our Website does not provide medical or professional advice and is not intended to, and should not, replace medical advice provided by your physician or healthcare provider. There is no guarantee that the information you provide for us will qualify you for any of our Client's Studies or guarantee enrollment. There is no guarantee that you will receive any treatment, medical results or outcomes from providing your information.
9. Advertising Policy
Occasionally, BuildClinical allows tailored advertising on our Website. Advertising is clearly identified and surrounded by distinct remarks such as "ADVERTISEMENT," "SPONSORED LINKS," "SPONSORED RESOURCE CENTER" or related terms. BuildClinical does not review or approve content in the advertisements. When you click on the advertisement, you will be redirected to another site. Our Terms of Use and Privacy Policy do not govern that site and we are not liable, directly or indirectly, for your use of that site and services.
10. Breaches of Terms of Use
If you breach these Terms of Use in any way, or if we reasonably suspect you have breached these Terms of Use in any way, we may take the following actions (list is not exhaustive):
Actions to avoid punitive steps due to breaching these terms will not be tolerated(including without limitation creating and/or using a different account or name). Our Services are not available to temporarily or indefinitely suspended users. BuildClinical reserves the right, in our sole discretion, to refuse, suspend, or terminate service to anyone, for any reason, at any time.
11. Copyright Infringement
All material on the Website, including design, text, images, and logos, are owned by BuildClinical, either through copyright or trademark, unless otherwise indicated. All rights are reserved by BuildClinical. Content may not be copied, reproduced, transmitted, distributed, downloaded, or transferred in any form or by any means without BuildClinical's prior written consent and with express attribution to BuildClinical. If you have any questions about these Terms, including if you feel your copyright has been violated, please contact us at Support@BuildClinical.com.
12. Intellectual Property
We allow you to utilize our Website based on the assumption that you are using it in accordance with our Terms of Use and Privacy Policy. We own our Websites, including source code and all aspects contributing to the "look and feel" of the Website.
We, our licensors, and service providers have the right to our intellectual property including, but not limited to our copyrights and trademarks. You may not alter our trademarks, copyrights, patents, or any other intellectual property. You may also not sell or make commercial use out of our Website, Services, and intellectual property as defined above.
13. Termination
You may end your utilization of the Services at any time by sending a request to: Support@buildclinical.com.
Sections 3, 15, 16, 17, 18, 20 of our Terms of Service will survive any termination of this relationship by either party.
14. Changes to these Terms of Service
We may change these Terms of Service at our discretion, so long as the updated terms are posted in a reasonable time thereafter. You should visit the Website regularly to decide whether any updates that impact your consent have been made. Your continued use of the Website and our Services will establish your explicit acknowledgment of these Terms of Service, including all future updates.
15. Indemnification
You agree to indemnify, defend, and hold harmless BuildClinical, its directors, officers, beneficial owners, and employees, from any liability, loss, claim and expense, including attorneys' fees, related to your violation of these Terms of Use.
16. Disclaimer
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE EXTENT ALLOWABLE BY LAW, BUILDCLINICAL 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 WEBSITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BUILDCLINICAL 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 WEBSITE OR OUR SERVICES, EXCEPT AS REQUIRED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
18. Waiver
The failure of BuildClinical to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
19. Severability
In the event that any section or statement within these Terms of Use is found by any court of competent jurisdiction to be unenforceable or invalid, that section and/or sentence will be stricken from the Terms of Use with the goal that these Terms of Use will otherwise remain fully intact and enforceable.
20. Applicable Law
The laws of the State of New York, without regard to its conflict of laws provisions, will govern the Terms of Use and any dispute that may arise between you and BuildClinical.
21. Entire Agreement
These Terms of Use, and the hereby incorporated Privacy Policy, constitute the entire agreement between you and BuildClinical regarding your use of the Website and our Services.
Last Revised: March 1, 2022
Welcome to BuildClinical LLC ("BuildClinical", also "we", "us", "our"). We assist research institutions and entities ("Clients") in identifying and managing potential research participants ("Services") for their ongoing research through the use of our website, www.buildclinical.com ("Website").
The following terms and conditions constitute a formal agreement between you and BuildClinical, and governs your use of the Website both as a casual viewer and as a registered user. By using the Website, and/or by submitting your personal data for consideration, you agree to be bound by the following Terms of Use.
In addition to these Terms of use, your use of the Website and our Services are also governed by our Privacy Policy, and you hereby consent to those information practices as described. The Privacy Policy is incorporated into the Terms of Use by reference and should be reviewed as it relates to all information we collect on the Website.
Kindly review these Terms of Use and the BuildClinical Privacy Policy before proceeding. In the event that you do not consent to the Terms of Use or Privacy Policy, you should not utilize the Website or our Services.
1. BuildClinical Services
You can learn about research studies and sign up to potentially participate (a "Prospective Participant") through the Website. To become a Prospective Participant for a specific study, you should complete the appropriate Submission Form ("Submission Form"), where we will gather certain personal and health related data ("Personal Data") that can be utilized to recognize you.
For example, you may be asked for your:
- Name;
- email address;
- postal location;
- telephone number;
- monetary, social or social distinguishing proof;
- sexual conduct or inclination;
- racial or ethnic source.
When you have joined by completing the Submission Form and providing this Personal Data, a BuildClinical facilitator will get in touch with you, whether that be by email, phone call or SMS text message, so as to decide whether you meet all requirements for the study, and to help plan requisite follow-up.
By submitting the Submission Form and your Personal Data, you understand and agree that if the phone number you provide is for a mobile phone, we may contact you using an auto-dialer, prerecorded or artificial voice message, or SMS text message. You also understand that your mobile carrier may charge message or data fees.
If you sign up as a Prospective Participant, and submit the Submission Form, we will save your Personal Data for consideration for our Client's research studies, whether current or future opportunities, for 10 years. By submitting your Personal Data on the Website for a Client's research study, you consent for that information to be utilized to notify you about our Clients' research studies and to you regarding our Services. All uses of your Personal Data are stated in our Privacy Policy, which can be found here. If you wish to disclose to BuildClinical that you no longer wish to continue utilizing our Services, please do so by emailing us at support@buildclinical.com.
2. Eligibility
Our Client's ultimately oversee the requirements of their research studies, and which Prospective Participants are appropriate. As a result, BuildClinical cannot match each Prospective Participant with a research study placement. By signing up as a Prospective Participant, there is no guarantee that you will be contacted by BuildClinical. Moreover, BuildClinical retains the authority to deem Prospective Participants ineligible for any reason. The Services available to Prospective Participants will be restricted to considering them for Client's research studies, contacting the individuals who may meet the research study eligibility requirements, and enabling correspondence between you and the Client's research team leading the research study.
Further, this Website is intended for the use of individuals ages 13 and above. The use of this Website and Services is strictly prohibited by individuals below the age of 13. We enforce strict removal of any information of a minor under the age of 13, submitted by the minor. Further, if you are over the age of 13 but under the age of 16, your legal parent or guardian must approve the information you submit on your behalf. Parents or legal guardians may provide us with information about their minor children under 13 (or 16, if located in California). To comply with applicable law, our Website is not intended for children under 13 years of age (or 16, if located in California) to directly enter information about themselves. We do not knowingly collect data directly from minors under 13 (or directly from those under 16 in California). If you are under 13 (or 16 in California), do not, without legal parent or guardian consent, directly provide any information on our Website such as your name, address, telephone number, email address.
If we are informed of unknowingly collecting information directly from a person over the age of 13 but under the age of 16 without a legal parent or guardian consent, we will delete that information. If we are informed of unknowingly collecting information directly from a minor under 13 (or 16 in California), we will delete that information. If you believe we might have collected any information directly from a minor under 13 (or from a minor under 16 in California), please contact us at support@buildclinical.com.
3. Information Accuracy
BuildClinical makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any information on the Website. By using the Website, you agree to accept the risks of using the Website and further agree that neither BuildClinical nor our representatives are responsible for all or any acts or omissions of users of the Website.
BuildClinical is not responsible for the availability of outside websites or resources linked to or referred to on the Website. BuildClinical does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BuildClinical shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.
Further, you speak to and warrant that all data you provide to BuildClinical will be honest and accurate as far as you know. Your Personal Data shall not contain material that infringes on the intellectual property or privacy rights of others, including but not limited to copyright, trademark, patent, or trade secret rights.
4. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Website. In addition, you must abide by our policies as stated in these Terms of Use, as well as all other operating rules, policies, and procedures that may be published from time to time on the Website by BuildClinical. Each of these listed items is hereby incorporated by reference and each of which may be updated by BuildClinical from time to time by posting such updates to the Website.
5. Limited License
BuildClinical hereby grants you a personal, limited, revocable, non-exclusive, and non-transferable license to utilize the Website pursuant to the requirements and restrictions contained in these Terms of Use. BuildClinical may, in our sole discretion, change, suspend, or discontinue any element of the Website at any time. Additionally, BuildClinical may impose limits on services or restrict access to portions of the Website without any prior notice or liability to you or third parties.
6. Use of Website
The Website is for your personal, non-commercial use only. You agree to provide us with accurate information, obey the law, and not use this Website for commercial, business purposes. If you agree to these Terms of Use, you may use our Services and be considered for our Client's research studies. If you use this Website in ways not intended for use that disregard our Terms of Use, you may be subject to liability for such unauthorized use. We expressly disclaim any and all liability in connection with content submitted by users. BuildClinical may, in its sole discretion, remove or delete any content that violates these Terms of Use or that we find otherwise objectionable.
You may not access the Website in an unauthorized fashion or use automated programs to gather information off of the Website, for data mining, for data extraction, for data harvesting, or for any other purpose. You cannot reverse engineer the Website or access the source or metadata for any reason. You must not use the Website to transmit or send unsolicited commercial communications, including other Website users. You must not attempt to discover the identities or Personal Data of any other Website users. You must not use the Website in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not use the Website for any purposes related to marketing without our express written consent, which can be obtained by emailing us at support@buildclinical.com.
If taken to another site, we have no control over sites we link to, and their information may change without our knowledge. Access to third party websites from the Website is done at your own risk.
7. Restricted access
Unless given specific access, access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or Services, you must ensure that user ID and password is kept confidential. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to notify BuildClinical of any unauthorized use of your account or password or any breach of security. You also agree that BuildClinical cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. We may disable your user ID and password at our sole discretion without notice or explanation.
8. Information on the Website
All information found on the Website is provided for general informational purposes. Our Website does not provide medical or professional advice and is not intended to, and should not, replace medical advice provided by your physician or healthcare provider. There is no guarantee that the information you provide for us will qualify you for any of our Client's Studies or guarantee enrollment. There is no guarantee that you will receive any treatment, medical results or outcomes from providing your information.
9. Advertising Policy
Occasionally, BuildClinical allows tailored advertising on our Website. Advertising is clearly identified and surrounded by distinct remarks such as "ADVERTISEMENT," "SPONSORED LINKS," "SPONSORED RESOURCE CENTER" or related terms. BuildClinical does not review or approve content in the advertisements. When you click on the advertisement, you will be redirected to another site. Our Terms of Use and Privacy Policy do not govern that site and we are not liable, directly or indirectly, for your use of that site and services.
10. Breaches of Terms of Use
If you breach these Terms of Use in any way, or if we reasonably suspect you have breached these Terms of Use in any way, we may take the following actions (list is not exhaustive):
- issue you one or more formal warnings;
- temporarily suspend your access to the Website;
- permanently suspend your access to the Website;
- block your IP address from access to the Website;
- contact your internet service provider to request you be blocked from accessing the Website; and/or
- initiate legal proceedings against you for breach of contract.
Actions to avoid punitive steps due to breaching these terms will not be tolerated(including without limitation creating and/or using a different account or name). Our Services are not available to temporarily or indefinitely suspended users. BuildClinical reserves the right, in our sole discretion, to refuse, suspend, or terminate service to anyone, for any reason, at any time.
11. Copyright Infringement
All material on the Website, including design, text, images, and logos, are owned by BuildClinical, either through copyright or trademark, unless otherwise indicated. All rights are reserved by BuildClinical. Content may not be copied, reproduced, transmitted, distributed, downloaded, or transferred in any form or by any means without BuildClinical's prior written consent and with express attribution to BuildClinical. If you have any questions about these Terms, including if you feel your copyright has been violated, please contact us at Support@BuildClinical.com.
12. Intellectual Property
We allow you to utilize our Website based on the assumption that you are using it in accordance with our Terms of Use and Privacy Policy. We own our Websites, including source code and all aspects contributing to the "look and feel" of the Website.
We, our licensors, and service providers have the right to our intellectual property including, but not limited to our copyrights and trademarks. You may not alter our trademarks, copyrights, patents, or any other intellectual property. You may also not sell or make commercial use out of our Website, Services, and intellectual property as defined above.
13. Termination
You may end your utilization of the Services at any time by sending a request to: Support@buildclinical.com.
Sections 3, 15, 16, 17, 18, 20 of our Terms of Service will survive any termination of this relationship by either party.
14. Changes to these Terms of Service
We may change these Terms of Service at our discretion, so long as the updated terms are posted in a reasonable time thereafter. You should visit the Website regularly to decide whether any updates that impact your consent have been made. Your continued use of the Website and our Services will establish your explicit acknowledgment of these Terms of Service, including all future updates.
15. Indemnification
You agree to indemnify, defend, and hold harmless BuildClinical, its directors, officers, beneficial owners, and employees, from any liability, loss, claim and expense, including attorneys' fees, related to your violation of these Terms of Use.
16. Disclaimer
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE EXTENT ALLOWABLE BY LAW, BUILDCLINICAL 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 WEBSITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BUILDCLINICAL 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 WEBSITE OR OUR SERVICES, EXCEPT AS REQUIRED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICES SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
18. Waiver
The failure of BuildClinical to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
19. Severability
In the event that any section or statement within these Terms of Use is found by any court of competent jurisdiction to be unenforceable or invalid, that section and/or sentence will be stricken from the Terms of Use with the goal that these Terms of Use will otherwise remain fully intact and enforceable.
20. Applicable Law
The laws of the State of New York, without regard to its conflict of laws provisions, will govern the Terms of Use and any dispute that may arise between you and BuildClinical.
21. Entire Agreement
These Terms of Use, and the hereby incorporated Privacy Policy, constitute the entire agreement between you and BuildClinical regarding your use of the Website and our Services.
Last Revised: March 1, 2022