aV1ation

TERMS AND CONDITIONS

Effective 23 May 2018

This policy explains the Terms & Conditions for bbkworldwide.com, TrialCentralNet.com, tcnconnect.com and those websites managed and implemented by BBK Worldwide, LLC (BBK) on behalf of a third party (collectively the "websites"); BBK’s mobile applications (the "Apps"), and Our other software and services provided by BBK and its affiliates. We'll refer to the websites, the Apps, and Our other services as the "Services."

These Services are being implemented and managed by BBK Worldwide, LLC, with principal offices at 117 Kendrick Street, Suite 600, Needham, Massachusetts 02494 USA, or one of its affiliates including TCN® Technologies, LLC, 320Agency, LLC, RSG Suite Corp, or BBK Worldwide Japan G.K. (collectively “BBK”). Your use of the Services is subject to (i) the Terms and Conditions described herein and (ii) the linked Privacy Policy (the “Privacy Policy”), which is incorporated into and governed by these Terms and Conditions.

Please read these Terms and Conditions carefully before using the Services. By using the Services, You agree to comply with and be bound by these Terms and Conditions. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY, DO NOT USE THE SERVICES. BBK may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Services, its software (including the TCN® patient recruitment management system developed by TCN® Technologies, LLC), and any other related Services; and (c) discontinue the Services, the TCN® software, and/or related Services at any time. (However, BBK will not make changes that allow significant additional uses or disclosures of Your Personal Information unless You “opt in” to such changes.)

BBK shall provide notice of material changes to these Terms and Conditions by posting or distributing a notice of such revisions, which shall be effective immediately on posting. You agree to review these Terms and Conditions and the Privacy Policy posted periodically to be aware of any revisions. If any future changes to these Terms and Conditions are unacceptable to You or cause You to no longer be in compliance, You must immediately stop using the Services. You agree that Your continuing to use or access the Services following revision to these Terms and Conditions constitutes Your acceptance of any such revisions.

In this Agreement, the following terms have the following meanings unless the context requires otherwise:

“Agreement” means the agreement between You and Us created by Your accepting these Terms and Conditions for use of the Services, as amended from time to time in the manner set forth herein; “We, Us, Our” means BBK Worldwide, LLC, TCN® Technologies, LLC, and BBK Worldwide’s subsidiaries and affiliates; and “You, Your, Yourself” means the person Using the Services, who accepts these Terms and Conditions.

ELIGIBILITY: By Using the Services, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by its Terms and Conditions. The Services are intended for individuals at least 18 years old. If You are under the age of 18, You are prohibited from using the Services.

INDEMNITY BY USER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents, and third parties harmless for any losses, costs, liabilities, or expenses relating to or arising out of Your use of the Services, including without limitation: (i) Your breach of this Agreement; (ii) any allegation that any materials that You submit to Us or transmit using the Services infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (iii) Your activities in connection with Your use of the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

INTELLECTUAL PROPERTY: All intellectual property rights in and to the Services are and shall be owned by Us (or by separate agreement, its client) absolutely. Those rights include, but are not limited to, database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other intellectual and proprietary rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, and company or product names set forth in the Services that are not the property of BBK are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services.

FEEDBACK: All comments, feedback, blog postings, suggestions, ideas, photographs, and other submissions disclosed, submitted, or offered by You in connection with Your use of the public areas of the Services, including without limitation any modification or derivative works of the Services (collectively, “Submissions”) will be the exclusive property of BBK. You agree that unless otherwise prohibited by law or Our Privacy Policy, We may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, compensation or attribution to You. For clarification, We are not obligated to publish or use the Submissions in any manner. You represent and warrant that, unless expressly noted by You when You make the Submission, all Submissions are Your original creations, that You have all rights to them, and that they do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights of privacy or publicity. You agree that the provisions in this section will survive any termination of this Agreement.

OTHER REQUIREMENTS REGARDING SUBMISSIONS: Submissions shall not contain any personal health information, any Personal Information about You (such as name, phone number, or e-mail address) that You wish to keep private, or any Personal Information about anyone else.

COMMUNITY AREAS: If You use a public or community area of the Services, such as blogs, You are solely responsible for Your own Submissions, the consequences of posting Your Submissions, and Your reliance on any information in the community areas or other areas of the Services. Any information You share in any online community area, including any blog area, is by design open to the public and is not private. In the event that You feel threatened or believe that someone else is in danger, You should contact Your local law enforcement agency immediately. We reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Services. We shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Services or any Submissions. As with any public forum on any website, the information You post may show up in third-party search engine results.

ACCEPTABLE USE: The Services may only be used for lawful purposes and may not be used to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; or (c) that is defamatory, obscene, threatening, or abusive.

PRIVACY: The information that You provide or that We collect about You during Your use of the Services is subject to the Privacy Policy. To the extent that the Services are available to individuals located in the European Economic Area and the United Kingdom, We are bound by and act in compliance with the General Data Protection Regulation (EU) 2016/679 (the “GDPR”). Further detail can be found in the Privacy Policy. Your information will be stored on computers and/or servers. You consent to the use of this information tracking Your use of the Services in the manner set forth in Our Privacy Policy. You also agree to read, review, and comply with the Privacy Policy. If You are located outside of the United States, please note that the information that You provide is sent to the United States and may be sent to other locations. By providing Your information, You explicitly consent to Your data being stored and (if applicable) transferred to the United States, and to such other third parties and jurisdictions as may be involved in the provision and operation of the applicable Services.

NO MEDICAL ADVICE AND NO ENDORSEMENT: BBK DOES NOT PROVIDE MEDICAL ADVICE NOR DOES ITS PROVISION OR MAINTENANCE OF THE SERVICES ESTABLISH A DOCTOR-PATIENT RELATIONSHIP OR CONSTITUTE THE PRACTICE OF MEDICINE, NURSING, OR ANY HEALTHCARE PROFESSION. BBK DOES NOT DIAGNOSE, PRESCRIBE MEDICATION, TREAT, OR GIVE ORDERS NOR DOES BBK HAVE RESPONSIBILITY FOR OR AUTHORITY OVER YOUR CARE. The Services and the entire contents available on or through the Services (including without limitation, material on a website's blogs) (the "Content") is provided for informational purposes only. Any information provided to You by BBK as a result of Your use of the Services, including in connection with a clinical study, is being provided to You solely for Your educational and informational benefit and should not be considered medical advice, diagnosis, or treatment or a substitute for professional medical advice. Your use of the Services is voluntary and You understand and agree that any information communicated to You as a result of Your use of the Services, including in connection with a clinical study, or Your participation in a clinical study, is not intended to be, nor implied to be, and You will not use it as, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. SHOULD YOU REQUIRE MEDICAL ASSISTANCE WHILE USING OR ACCESSING THE SERVICES, CALL YOUR DOCTOR OR LOCAL EMERGENCY NUMBER, OR PROCEED TO YOUR LOCAL EMERGENCY ROOM. Reliance on the Services or the Content is at Your own risk. BBK does not recommend, endorse, or warrant any test(s), care, treatment(s), procedure(s), medication(s), physician(s), products, opinions, or other information that may be displayed or referenced on or through the Services. BBK encourages that You share any information generated by use of the Services with Your treating healthcare provider.

DELICATE SUBJECT MATTER: The Services may contain health- or medical-related materials, such as information about human anatomy and bodily functions. If You find these materials offensive, do not use the Services.

THIRD-PARTY LINKS: The Services may contain links to third-party websites, materials, and services (“third-party materials”). These links are provided solely as a convenience to You and not as an endorsement by BBK of the contents of any third-party materials. BBK is not responsible for the content or functionality of any linked third-party materials and does not make any representations regarding the content, accuracy of materials, functionality, or privacy protection on such third-party materials. If You decide to access linked third-party materials, You do so at Your own risk. However, We invite Your comments on the accuracy of any linked sites, materials, or services.

SECURITY RULES: You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) disclosing any confidential or private information You may learn using the Services, except as expressly authorized by that person or BBK; (b) accessing data not intended for such use or logging into a server or account that You are not authorized to access; (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; (d) attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus, overloading, flooding, spamming, mail bombing, or crashing; or (e) sending unsolicited e-mail, including promotions and/or advertising of products or services. BBK reserves the right, at its sole discretion, to immediately terminate access to the Services and/or any other Content or service provided if You breach any of these Terms and Conditions or for other good cause. Violations of system or network security may result in civil or criminal liability. BBK will cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

ACCESS: You agree not to use the Services for any commercial purposes, or to download, save, copy, transmit, or distribute the Content except as specifically allowed in this Agreement. We may change, modify, suspend, or discontinue any aspect of the Services at any time. We may also impose limits on certain features or restrict or prohibit Your access to parts or all of the Services without notice or liability. You agree to be bound by any application-, tool-, or content-specific rules published within the Services. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher. Your use of the Services is conditioned upon Your compliance with this Agreement; any use of the Services in violation of this Agreement will be regarded as an infringement of Our copyrights in and to the Services. We reserve the right to terminate Your access to the Services without notice if You violate this Agreement or for any reason at Our discretion.

Use of the Services may require a user code or a username and password. You are responsible for maintaining the confidentiality of Your user code or username and password. You are responsible for all uses of Your username or user code, whether or not authorized by You. Your user code or username and password are meant for Your individual use only. Do not share them with any other person, and do not store them in any place that can be easily accessed by others. You agree to immediately notify BBK of any known or suspected unauthorized use of Your user code or username or password.

TERMINATION: This Agreement shall become effective when You acknowledge Your acceptance of these Terms and Conditions (including by using the Services or downloading any Content) and, except as to provisions that survive termination, will terminate when Your use of the Services ends, unless sooner terminated as provided herein. BBK reserves the right, at its sole discretion, to immediately terminate Your access to the Services and/or any other Content or service provided if You breach any of these Terms and Conditions or for other good cause.

DISCLAIMERS: WE PROVIDE THE SERVICES ON AN “AS IS” BASIS AND GIVE NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION WITH SERVICES PARTICIPANTS OR US OR OTHERWISE WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE; OR THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; OR THAT THE SERVICES OR THE CONTENT COMPLIES WITH ANY GOVERNMENT REGULATIONS CONCERNING PRESCRIPTION DRUG DISCLOSURES; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. WE ARE NOT PHYSICIANS OR HEALTHCARE PROVIDERS AND THE SERVICES AND CONTENT DO NOT PROVIDE HEALTH, MEDICAL OR SURGICAL CARE, ADVICE, RECOMMENDATIONS, OR TREATMENT AND ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. BBK DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR PROVIDER OR PROCEDURE. THE SERVICES ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY.

LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS, OR FOR PHYSICAL DAMAGES, BODILY INJURY, OR EMOTIONAL DISTRESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RELEASE: You forever release, discharge, and agree not to sue Us from any and all liability, claims, actions, and expenses that may arise in connection with Your use of the Services or Your interaction with any party through or as a result of the Services. You agree that this section will survive any termination of Your account(s), the Services, or this Agreement.

COMPLAINTS: To resolve a complaint regarding the Services, You should first contact Us by e-mailing inquiry@bbkworldwide.com or by calling +1 (617) 630-4477.

COPYRIGHT: The Services and all information and Content included within the Services, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, and any compilations of such Content, are the property of BBK, its assigns, or its content suppliers, and is copyrighted and protected under U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of any Content on the Services is strictly prohibited without prior written approval of BBK or its assigns.

INQUIRIES: You may address any questions, complaints, or comments to the following:
BBK Worldwide, LLC
117 Kendrick Street
Suite 600
Needham, MA 02494
E-mail: inquiry@bbkworldwide.com
Telephone: +1 (617) 630-4477

JURISDICTION: This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to personal jurisdiction of and exclusive venue in the state and federal courts of Massachusetts with regard to any and all claims by You arising out of, or related to, the Services. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

To the extent that the Services are available to individuals located in the European Economic Area and the United Kingdom, We are bound by and act in compliance with the GDPR and may be subject to investigative and corrective powers of the relevant supervisory authority. The relevant supervisory authority is the public authority established in the relevant territory within the European Economic Area and/or the United Kingdom and which is responsible for monitoring the application of the GDPR within that territory.

WAIVER AND SEVERABILITY OF TERMS: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.

By using the Services, You certify that You have read and agree to be bound by these Terms and Conditions and the Privacy Policy.

ENGLISH LANGUAGE CONTROLS: Any translation is provided for Your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. The translation may not accurately represent the information in the original English.

Copyright © by BBK Worldwide, LLC. All rights reserved.

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