Best Treatment, LLC ("Third Opinion") provides the Trial Manager Services to you ("Subscriber") subject to these Trial Manager Services Terms and Conditions ("Terms") and subject to Best Treatment's other policies, including our Privacy Policy and Cookie Policy, incorporated herein by reference. These Terms require that disputes between us be resolved by binding arbitration rather than by jury trials or class actions and limit Subscriber's remedies in the event of a dispute.
These Terms only apply if these Terms were displayed to you at the time you subscribed to use the Trial Manager Services.
If your organization signed a Trial Manager Services Agreement with Best Treatment, that agreement may be different from the terms below. Please contact Customer Care for details.
These Terms constitute a legal agreement between Subscriber and Best Treatment and govern all use of the Trial Manager Services, including all information provided through the Trial Manager Services. By accessing, browsing, or using the Trial Manager Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Best Treatment may update these Terms at any time, with or without notice to Subscriber. Each time Subscriber accesses the Trial Manager Services, Subscriber agrees to be bound by the Terms then in effect. The most current version of these Terms can be accessed at https://www.thirdopinion.io/terms-of-use-Manager.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE TRIAL MANAGER SERVICES
References to "Best Treatment," "Subscriber," "we," and "us" in these Terms include (where appropriate) Best Treatment's and/or Subscriber's respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns.
1. Registration and Account Information
a. Access to the information provided through the Trial Manager Services requires Subscriber to register and create an Account. In connection with registering or creating an Account, Subscriber will create a Login and Password.
b. By registering or creating an Account, Subscriber represents that the information provided to Best Treatment is accurate and complete, and agrees to inform Best Treatment of any changes to that information.
c. Subscriber agrees not to disclose any Login or Password for use of the Trial Manager Services to anyone other than its authorized employees, even if such individuals claim to be employees of Best Treatment.
d. Subscriber agrees not to transfer, sub-license, sell, or assign Subscriber’s rights in Subscriber’s Account. Subscriber agrees that its use of the Subscriber Account will be for the Subscriber's internal use only.
e. Subscriber is responsible for maintaining the confidentiality of Subscriber’s Account, Login, and Password, and for restricting access to any computers used to access the Trial Manager Services. Subscriber agrees to accept responsibility for all activities that occur under Subscriber’s Account, Login, or Password.
f. Any unauthorized use of Subscriber’s Account is subject to these Terms as though Subscriber were using the Account.
g. Subscriber must notify Best Treatment immediately of any suspected or actual unauthorized use of Subscriber’s Account, Login, or Password by sending an email to info@thirdopinion.io.
h. Subscriber may specify users of Subscriber’s account as “Administrators” and “Managers” through the administrative console. Administrators and Managers may have the ability to monitor, restrict, or terminate access to the Subscriber’s Account. Best Treatment's responsibilities do not extend to the internal management or administration of Subscriber’s Account. Subscriber is responsible for: (i) maintaining the confidentiality of Logins and Passwords; (ii) managing access to the Trial Manager Services; and (iii) ensuring that use of the Trial Manager Services complies with this Agreement.
i. The Trial Manager Services are not intended for users under the age of 18. Subscriber will ensure that it does not allow any person under 18 to use the Trial Manager Services. Subscriber will promptly notify Best Treatment of any unauthorized use of or access to the Trial Manager Services.
2. License
a. Best Treatment grants Subscriber a nonexclusive, nontransferable, revocable, limited license to access and use the information available through the Trial Manager Services, strictly subject to and in accordance with these Terms and the Usage Restrictions described herein.
b. Best Treatment reserves the right to terminate this license at any time and for any reason. Subscriber’s failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and Subscriber must immediately destroy all copies of any downloaded materials in its possession or control.
c. Except for the limited license set forth in these Terms, Best Treatment does not grant Subscriber any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
d. Subscriber is not an agent or representative of Best Treatment and will not represent that it is to any third party.
3. Usage Restrictions
By accessing, browsing, or using the Trial Manager Services or the information provided through the Trial Manager Services, Subscriber agrees to the following restrictions:
a. Subscriber will not use, intentionally or unintentionally, any of the information acquired through the Trial Manager Services in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law.
b. Subscriber will not use any information acquired through the Trial Manager Services to make any telephone call or send any commercial email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable federal or state laws. Subscriber acknowledges that Subscriber is solely responsible for ensuring that telephone calls made or email or text messages sent using information acquired through the Trial Manager Services are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. Best Treatment does not scrub any phone numbers contained in the Trial Manager Services through the National Do Not Call Registry or any other do-not-call registries.
c. Subscriber will not use any of the information acquired through the Trial Manager Services in any manner that may violate any local, state, federal, or international privacy law to which Subscriber may be subject on the basis of Subscriber’s location or the location of the person searched.
d. Subscriber will not use the Trial Manager Services in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of Best Treatment’s computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website.
e. Subscriber will not interfere with any other party's use and enjoyment of the Trial Manager Services, or of any of the information provided through the Trial Manager Services.
f. To the extent that Subscriber is able to upload, post or otherwise transmit content using the Trial Manager Services, Subscriber will not upload, post, or otherwise transmit any content that Subscriber does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
g. Subscriber will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for the Trial Manager Services, through password mining, hacking, or any other means.
h. Subscriber will not seek to gain access to any materials or information through any means not intentionally made available by Best Treatment.
i. Subscriber will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this website, or any portion hereof without Best Treatment’s prior written consent.
j. Subscriber will not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout, and form) without Best Treatment’s prior written consent.
k. Subscriber will not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without Best Treatment’s prior written consent.
l. Subscriber will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users.
m. Subscriber will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the information provided through the Trial Manager Services without Best Treatment’s prior written consent.
n. Subscriber will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.
o. Subscriber will not (i) sell, resell, lease, license, sublicense, or otherwise provide the Trial Manager Services or any of the information provided through the Trial Manager Services; (ii) use the Trial Manager Services for activities where use or failure of the Trial Manager Services could lead to physical damage, death, or personal injury; or (iii) reverse engineer the Trial Manager Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law.
4. Information Available Through Best Treatment’s Trial Manager Services
a. The information that may be made available to Subscribers through the Trial Manager Services is aggregated by Best Treatment from participant self-reported surveys, electronic health record data, ClinicalTrials.gov, and other public sources.
b. Best Treatment does not verify the information that is available through the Trial Manager Services. Best Treatment does not evaluate each piece of information provided to Best Treatment and makes no guarantees to Subscribers about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated.
c. While Best Treatment endeavors to provide the most up to date and comprehensive information, certain inaccuracies may still exist and certain records may be omitted. Best Treatment shall not be liable for any errors or omissions in the information provided through the Trial Manager Services. Anyone who uses any information provided by Best Treatment to commit a crime or to harass an individual or his or her family may be subject to criminal prosecution and civil liability.
5. Disclaimer of Warranties
a. BEST TREATMENT PROVIDES THE TRIAL MANAGER SERVICES AND THE INFORMATION AVAILABLE THROUGH THE TRIAL MANAGER SERVICES “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO:
i. WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, DELAYS, AND NONINFRINGEMENT; AND ii. WARRANTIES THAT ACCESS WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE.
b. BY ACCESSING, BROWSING, OR USING THE TRIAL MANAGER SERVICES, SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF THE INFORMATION PROVIDED THROUGH THE TRIAL MANAGER SERVICES ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA.
6. Limitation of Liability
a. To the extent permitted by law, in no event will Best Treatment be liable, in contract, tort, strict liability, or otherwise, for any of the following:
i. Indirect, incidental, special, punitive, exemplary, or consequential damages of any kind arising out of, or in connection with use of the Trial Manager Services
or the information provided through the Trial Manager Services, whether or not Best Treatment has been advised of the possibility of such damage.
ii. Loss of business, profits, business information, or business interruption, or any other pecuniary loss.
iii. For direct damages, actually proven, exceeding the amount Subscriber paid for the Trial Manager Services. This limitation shall be enforced even if it causes
an exclusive remedy to fail of its essential purpose.
iv. Any claim relating to Best Treatment’s procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the information
provided through the Trial Manager Services.
v. Any decision made or action taken by Subscriber in reliance upon the availability of or information made available through the Trial Manager
Services. Subscriber agrees to rely on the information available through the Trial Manager Services at Subscriber’s own risk.
b. Best Treatment reserves the right, at any time, in Best Treatment’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Trial Manager Services and any information or content, or any part thereof, and/or Subscriber’s use of or access to them, with or without notice. Best Treatment shall have no liability to Subscriber or any other person or entity for any modification, suspension, or termination, or any loss of related information.
7. Indemnification
a. Subscriber agrees to indemnify, defend, and hold Best Treatment and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, settlements, and costs, including reasonable attorneys' fees, resulting from or alleged to result from any violation of these Terms by Subscriber or Subscriber’s use of the Trial Manager Services.
b. Best Treatment reserves the right to assume exclusive control of its defense in any matter subject to indemnification by Subscriber, which shall not excuse Subscriber’s obligation to indemnify Best Treatment. Subscriber shall not settle any dispute subject to Subscriber’s indemnification under these Terms without written consent from Best Treatment.
c. Subscriber agrees that any breach by Subscriber of these Terms would cause Best Treatment irreparable harm and that, in addition to money damages, Best Treatment shall be entitled to injunctive relief, without having to post a bond.
8. Assignments
a. Best Treatment may assign this agreement at any time without notice to Subscriber. Subscriber may not assign this agreement to anyone else, and any attempt to assign shall be void.
9. Privacy
a. Please review our Privacy Policy for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website. The Privacy Policy can be accessed at privacy policy and is incorporated herein by reference.
10. Payment Terms
a. Free Trials. Best Treatment may provide Subscriber with the opportunity to try out the Trial Manager Services on a free, trial basis. The terms of any such trial shall be fully disclosed prior to purchase. Subscriber is responsible for reviewing such terms prior to accepting any trial. The length of a trial may vary.
b. Trial Manager Services Membership Plans.
i. Best Treatment offers a variety of Trial Manager Services Membership Plans. Details about the specific Membership Plan are provided at sign up and allow
Subscribers to purchase Credits redeemable for a limited license to access certain patient profiles on this Service. By subscribing to a Membership Plan,
Subscriber agrees to receive access to the Trial Manager Services offered at sign up subject to the terms provided herein. ii. Subscribers may opt to pay for
Credits using a credit card. By providing credit card information, Subscriber certifies that it is an authorized user of the credit card. Best Treatment does not
store or process full credit card information. Instead, Best Treatment employs independent and reputable third-party payment processors to store and process credit
card information. In the event a credit card payment attempt fails, Best Treatment is entitled to undertake subsequent attempts to process the payment. Trial Manager
Services may be suspended or terminated at Best Treatment’s discretion if a payment is delinquent.
ii. Subscribers may also opt to pay by being invoiced. In addition to any payment terms described in the invoice, invoices must be paid within 30 days of issuance.
If any invoice is unpaid within 60 days of the invoice date, Subscriber’s access to the Trial Manager Services may be suspended or terminated at Best Treatment’s discretion.
If Subscriber requires the use of a purchase order or purchase order number, Subscriber (i) must provide the purchase order number at the time of purchase and (ii) agrees that
any terms and conditions on a Subscriber purchase order or otherwise provided by Subscriber to Best Treatment will not apply to these Terms and are null and void.
c. Membership Plan Cancelation.
i. Subscriber may cancel a Membership Plan at any time and for any reason.
ii. Subscriber will receive a cancellation confirmation after cancellation and will be billed only for any Membership Plan overages already incurred or additional services already purchased.
iii. Cancellation of a Membership Plan does not entitle Subscriber to any refunds of already-processed payments.
iv. Subscriber should contact Customer Care regarding any problems encountered during the cancellation process.
11. Credits
a. As part of a Membership Plan, we may issue you credits redeemable for access to participant contact information and/or patient eligibility criteria on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.
12. Communications from Best Treatment
a. Subscriber may, from time to time, receive e-mail communications from Best Treatment about Subscriber’s Account or features of our service. Subscriber may elect to opt out of these communications at any time by following the instructions and link provided within the e-mail communication.
13. Links to Other Websites
a. Subscriber may find links to other Internet sites or resources on this website that offer content, goods, or services. Subscriber acknowledges and agrees that Best Treatment has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Subscriber’s use of or reliance on any such content, goods, or services available on or through any such site or resource.
14. Patents, Copyrights and Trademarks
a. The technology and information provided on this website are owned by or licensed to Best Treatment and protected by United States and international intellectual property laws. Best Treatment and its licensors retain all proprietary rights to that information and technology. The trademarks, service marks, trade names and logos appearing on this site are trademarks of Best Treatment and or its affiliates or licensors.
b. The entire content of this website is copyrighted. Unless permitted under these Terms, no part of this website may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited without Best Treatment’s prior written consent.
c. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
15. Submission of Confidential Information and Ideas; Submission of User Provided Content
a. From time to time, Subscribers submit ideas to Best Treatment for improving the Trial Manager Services, either by email or in the course of an interaction with a Best Treatment team member. Best Treatment has no obligation to treat this material as confidential information. To the extent that Subscriber wishes to have an idea remain confidential, to retain rights in the idea, or to be compensated for submission of the idea, please do not submit it to Best Treatment.
b. Portions of the content on the Trial Manager Services are submitted by You and other users (‘User Provided Content’), to which You may contribute appropriate material.
User Provided Content includes, but is not limited to, any information you upload to Best Treatment or any Best Treatment applications, any posts you make on the Trial Manager
Services or any Best Treatment applications, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as
providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or
monitor the User Provided Content, Best Treatment may delete any content that we believe to be in violation of this Agreement. We reserve the right, but do not have the obligation,
to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual
property rights of others.
The decision to upload or share User Provided Content is Your responsibility and You should only submit or share User Provided Content that belongs to you
(or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual
property rights will normally belong to the creator of the material in question and You should not reproduce or submit anything without permission of the owner. By
submitting User Provided Content, You represent and warrant that You have the right to do so or that you have obtained any necessary third party consents (e.g., under
privacy or intellectual property laws). You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the
foregoing warranties. Upon our request You agree to furnish Best Treatment with any documentation, substantiation and releases necessary and reasonably required to verify
and substantiate your compliance with this provision.
By submitting User Provided Content, You grant Best Treatment a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish,
distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by You, to the extent and in the form or context we deem
appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Best Treatment from
any and all claims, liens, demands, actions or suits in connection with the User Provided Content You submit, including, without limitation, any and all liability for any
use or nonuse of Your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even
if You stop using the Trial Manager Services. Best Treatment may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Best
Treatment a license to the User Provided Content as described above and Best Treatment will own the digital version of documents created by Best Treatment as well as any indexed
information that Best Treatment creates. Except for the rights granted in this Agreement, Best Treatment acquires no title or ownership rights in or to any User Provided Content
You submit and nothing in this Agreement conveys any ownership rights in such User Provided Content. The licenses granted continue for the maximum time permitted by applicable
law, even if You stop using the Trial Manager Services.
You acknowledge and agree that Best Treatment may preserve any User Provided Content and may disclose any User Provided Content (including its origin)
if Best Treatment believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal
process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights,
property, or safety of Best Treatment, the Trial Manager Services, other users, or the public.
16. Confidentiality
a. Subscriber shall hold in confidence and shall not disclose, in whole or in part, information relating to the Trial Manager Services, including, without limitation, products, systems, processes, pricing, data sources, information provided through the Trial Manager Services, other technical and financial information, and any analyses, compilations, and reports derived from any of the foregoing. Except for the limited access and use rights granted herein, Best Treatment retains all right, title and interest in the Trial Manager Services and any information derived from it, and Subscriber is not granted any ownership rights or title thereto.
17. Termination
a. Subscriber acknowledges and agrees that Best Treatment, in its sole discretion, may terminate Subscriber’s access to the Trial Manager Services if Subscriber’s conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. Best Treatment shall not be liable to Subscriber or any third party for termination of access to the Trial Manager Services. Should Subscriber object to any of these Terms, or to any subsequent modifications thereto, Subscriber’s only recourse is to immediately discontinue use of the Trial Manager Services.
18. Notification
a. Any notices to be given to Best Treatment under these Terms shall be made in writing to info@thirdopinion.io or to the following address:
Best Treatment, LLC
1150 Wilmette Ave.
Wilmette, IL 60091
b. Subscriber agrees that Best Treatment can send Subscriber electronic notices to the e-mail address that Subscriber provided to Best Treatment in creating Subscriber’s Account or by displaying the notice on this website. Subscriber agrees that all notices, agreements, disclosures, and other communications that Best Treatment provides Subscriber electronically satisfy any legal requirement that such communications be in writing.
19. Choice of Law
a. This agreement shall be governed by and construed in accordance with the laws of the state of Illinois, including any claim or dispute that Subscriber may have against Best Treatment, to the extent that such law is not preempted by federal law.
20. Severability of Provisions
a. If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
21. Entire Agreement
a. These Terms and any Best Treatment policies posted on Best Treatment constitute the entire contract between Subscriber and Best Treatment and supersede
all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any
failure by us to enforce any term of the Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by
you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Last Updated: December 14, 2022