These Terms & Conditions ("Terms") govern your access to and use of the websites, applications, and related services offered by Third Opinion ("we," "our," or "us"), including our clinical trial matching platform (collectively, the "Services").
The Services are intended for patients, clinical trial sites, healthcare providers, and authorized organizational users. By accessing or using the Services, you agree to these Terms and to our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree, do not use the Services.
You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Services unless you are using them under the supervision of a parent, guardian, or authorized healthcare representative as permitted by law.
Organizational users (such as clinical trial sites and healthcare providers) must be authorized by their institution to access the Services. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized access.
Third Opinion provides tools to help match patients with clinical trials based on health information, trial criteria, and related data. Our Services may include eligibility assessment, communication with trial sites and providers, analytics, and administrative features for authorized users.
We do not guarantee that any patient will qualify for, be enrolled in, or benefit from a clinical trial. Trial availability, eligibility, and enrollment decisions are made by trial sponsors, investigators, and sites—not by Third Opinion.
Where we create, receive, maintain, or transmit protected health information on behalf of a covered entity or business associate, we do so in accordance with applicable HIPAA requirements and our agreements with those entities.
You agree to provide accurate information to the extent required for trial matching and related Services, and not to submit information you are not authorized to provide. Our handling of personal and health information is described in our Privacy Policy.
When using the Services, you agree that you will:
The Services are for informational and operational support related to clinical trial matching. They do not constitute medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare professional regarding medical decisions. Do not disregard professional medical advice or delay seeking it because of information obtained through the Services.
The Services, including software, design, text, graphics, logos, and other content provided by Third Opinion, are owned by us or our licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or create derivative works from our materials without prior written consent.
You retain ownership of information you submit, subject to the rights you grant us as needed to operate the Services, as described in our Privacy Policy.
The Services may reference or facilitate connections with third-party clinical trial sites, sponsors, healthcare providers, and technology vendors. We are not responsible for the conduct, policies, or outcomes of third parties, including decisions about trial enrollment, protocol requirements, or adverse events.
Your relationship with a trial site or sponsor is separate from your relationship with Third Opinion. Review any trial-specific consent forms, protocols, and site policies before participating.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIRD OPINION AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100), EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW.
You agree to indemnify and hold harmless Third Opinion and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, violation of these Terms, or infringement of any third-party rights, except to the extent caused by our gross negligence or willful misconduct.
We may suspend or terminate your access to the Services if we reasonably believe you have violated these Terms, pose a security risk, or if required by law. You may stop using the Services at any time. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
These Terms are governed by the laws of the United States and the State in which Third Opinion is organized, without regard to conflict-of-law principles, except where mandatory consumer or health-privacy laws in your state apply.
Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. Where permitted by law, disputes will be resolved in the state or federal courts located in that jurisdiction, and you consent to personal jurisdiction there.
We may update these Terms from time to time. The revision date at the top indicates the latest version. Material changes will be effective when posted on the Services. Continued use after changes constitutes acceptance of the updated Terms.
Questions about these Terms may be directed to [email protected].