PLEASE READ THESE TERMS OF USE CAREFULLY. THE SERVICES ARE NOT INTENDED FOR EMERGENCY MEDICAL NEEDS. YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SERVICES. THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, A ONE-YEAR LIMITATIONS PERIOD, AND A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER, FROM WHICH YOU MAY OPT OUT WITHIN THIRTY DAYS AS PROVIDED BELOW.
These Terms of Use (the "Terms") govern your access to and use of the website located at eurekatrials.com, any Eureka mobile or web application, and all related features, content, and services made available through them (collectively, the "Services"), each of which is provided by Eureka Trials, Inc., a Delaware corporation ("Eureka," "we," "us," or "our").
Your use of the Services is also governed by our Privacy Policy and our Consumer Health Data Privacy Policy, each of which is incorporated herein by reference, together with any additional terms presented to you in connection with a particular feature ("Additional Terms"). To the extent any Additional Terms conflict with these Terms, the Additional Terms shall control with respect to that feature only.
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
Informed consent documents and authorizations relating to any clinical research study are agreements between you and the sponsor, investigator, or research site conducting that study, are reviewed and approved by an institutional review board, and are neither provided by nor governed by these Terms. Eureka is not a party to any such document.
Eureka provides a technology platform through which individuals may identify clinical research studies that may be relevant to them.
Matching. You may elect to provide information concerning your health, location, and preferences. We compare that information against publicly available and sponsor-provided information regarding actively recruiting studies and present a set of studies that may be a potential fit.
Medical records connection. You may, at your option, connect your electronic medical records through a third-party health records connectivity service by exercising your own right of access to those records. This feature is optional, is not a condition of using any portion of the Services, and does not affect whether you are matched to any study. We neither receive nor store your patient portal credentials, and you may disconnect at any time.
Referrals. Where you elect to be referred to a particular study, we transmit relevant information to the sponsor or research site conducting that study so that it may contact you and evaluate your eligibility. We do not transmit your information to any sponsor or research site except where you have requested a referral to that specific study, and a request with respect to one study shall not be construed as a request with respect to any other study.
Communications. We may contact you regarding studies that may be relevant to you and regarding the status of any referral you have requested, subject to the communications preferences described below.
Eureka is not a health care provider and does not provide medical advice. All content, matching results, rankings, and other information made available through the Services are provided for informational purposes only, are not intended to diagnose, treat, cure, or prevent any disease or medical condition, and do not constitute medical advice. No provider-patient or other clinical or professional relationship is created between you and Eureka by reason of your use of the Services. You should consult your own health care provider with respect to any question concerning your health and prior to making any decision in reliance on information obtained through the Services.
Eureka does not conduct clinical research. We are not a sponsor, investigator, research site, contract research organization, or institutional review board, and we neither design, conduct, nor oversee any study.
An indication that you may be a potential fit for a study is preliminary and informational and does not constitute a determination of eligibility or enrollment. Eligibility is determined solely by the investigator and research site conducting the study, applying that study's inclusion and exclusion criteria together with their independent medical judgment, and you may be determined ineligible notwithstanding any indication provided through the Services.
We do not guarantee that you will be contacted, screened, accepted, or enrolled in any study, nor that any study will remain open or available.
We do not guarantee any stipend, reimbursement, or other compensation. Any compensation associated with a study is determined and paid by the sponsor or research site, is subject to that study's informed consent document and to institutional review board approval, and is neither offered nor guaranteed by Eureka.
We do not guarantee any health benefit. Clinical research involves investigational products that have not been demonstrated to be safe or effective for the use under study, may involve risks, and may involve administration of a placebo.
Study information is obtained from public registries, including ClinicalTrials.gov, and from sponsors, and may be incomplete, inaccurate, or out of date. We do not independently verify such information.
We do not recommend or endorse any study, sponsor, research site, investigator, protocol, treatment, or investigational product. The order in which studies are presented reflects our assessment of relevance to the information you have provided and does not constitute a recommendation, an endorsement, or a representation that any study is appropriate or safe for you.
We have no control over, and cannot guarantee, the availability of any clinical research study at any particular time. Studies may be delayed, suspended, closed to enrollment, relocated, or cancelled, and their criteria may change, in each case without notice to us. WE WILL NOT BE LIABLE FOR ANY CANCELLED OR UNAVAILABLE STUDY, FOR YOUR INABILITY TO PARTICIPATE IN ANY STUDY, OR FOR ANY INJURY ARISING THEREFROM.
Participation in any study is voluntary. You are under no obligation to request a referral to, screen for, or enroll in any study.
The Services are not intended for emergency medical needs. If you believe you may have a medical emergency, call 911 or proceed to the nearest emergency room. You should not disregard or delay seeking medical advice in reliance on anything made available through the Services.
Eureka is compensated by clinical trial sponsors, research sites, and their agents in connection with services provided to them. You do not pay Eureka. Our compensation does not affect the information we present concerning any study's risks, requirements, or burden.
You must be at least 18 years of age, a resident of and located within the United States, and capable of forming a binding contract in order to use the Services. The Services are not intended for children, and we do not knowingly collect information from any person under the age of 18.
If you use the Services on behalf of another adult in your capacity as that person's legally authorized representative, you represent and warrant that you possess the authority to do so and to provide, on that person's behalf, the consents described herein.
You agree to provide information that is truthful, accurate, current, and complete, and to maintain and promptly update such information. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account, and you agree to notify us promptly of any unauthorized access. You may maintain only one account. We may suspend or terminate an account in our discretion, including where we have reason to believe that the information provided is untrue, inaccurate, outdated, or incomplete, that the account has been compromised, or that these Terms have been violated.
You agree to use the Services only for lawful purposes and in accordance with these Terms, and you agree not to:
We may investigate any suspected violation of the foregoing and may suspend or terminate access to the Services, with or without notice.
By providing your mobile telephone number and affirmatively electing to receive messages, you provide your prior express written consent to receive recurring autodialed and prerecorded calls and text messages from Eureka and those acting on our behalf at that number, including messages relating to your account, to a referral you have requested, and to studies that may be relevant to you. Consent is not a condition of using the Services, of being matched to any study, or of being referred to any study.
Message frequency varies. Message and data rates may apply. Eureka imposes no charge for such messages; your wireless carrier may.
You may revoke consent at any time by any reasonable means. Replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any text message will terminate text messages, and you may reply HELP for assistance or contact us as provided below. We will honor any revocation within ten business days, and we may send a single message confirming that your request has been received.
You represent that you are the subscriber to or the customary user of the telephone number you provide and that you are authorized to consent to receive messages at that number, and you agree to notify us promptly in the event you relinquish that number.
By registering for an account you agree to receive service and transactional electronic mail from us. You may unsubscribe from marketing electronic mail at any time by following the instructions contained in any such message.
Calls with our support personnel may be recorded or monitored for quality assurance, training, and compliance purposes to the extent permitted by applicable law.
You may provide personal, health, and sensitive information through the Services, and you are responsible for the accuracy and completeness thereof. We use such information in order to provide the Services, including by transmitting it to the sponsor or research site conducting a study to which you have requested a referral. Our collection, use, and disclosure of information is described in our Privacy Policy and Consumer Health Data Privacy Policy.
Eureka and third parties may disclose information as required by law, including to public health authorities and other governmental entities.
Adverse events. Where you report a suspected adverse event, side effect, product complaint, or other safety concern to us, we may be required to report that information, including your identifying information, to the applicable sponsor, manufacturer, or regulatory authority, and the sponsor or manufacturer may contact you or your health care provider for further information.
Commercial and partner access. Access to Eureka by clinical trial sponsors, research sites, health platform partners, and other business users is governed by a separate written agreement between Eureka and such party and not by these Terms.
Clinical trial sponsors, research sites, investigators, health care providers, health platform partners, health records connectivity providers, and other service providers (collectively, "Third-Party Providers") operate independently and are not employees, agents, or representatives of Eureka. We do not control, direct, or supervise Third-Party Providers, and we do not endorse, guarantee, or assume responsibility for the quality, accuracy, legality, or outcome of any service they provide. Your interactions with any Third-Party Provider are solely between you and such provider, and we are not responsible for the acts or omissions of any Third-Party Provider, including any exercise of medical judgment, any determination of eligibility, any compensation provided or withheld, or the handling of your information following transmission.
Hyperlinks to third-party websites are provided for convenience only, do not constitute a recommendation or endorsement, and are accessed at your own risk. We have no control over and assume no responsibility for the content or practices of any third-party website.
The Services, together with all content, software, text, displays, images, design, and the selection and arrangement thereof, are owned by Eureka or its licensors and are protected by copyright, trademark, and other intellectual property laws. Eureka Trials and our logos are trademarks belonging to us, and no license to use them is granted hereunder.
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own personal, non-commercial purposes. All rights not expressly granted are reserved.
In the event you provide us with any suggestion, idea, or other feedback concerning the Services, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable license to use such feedback for any purpose without obligation or compensation to you.
Study information obtained from ClinicalTrials.gov and other public registries remains subject to the terms of those sources.
If you believe that any content made available through the Services infringes your copyright, you may submit a notice containing the elements required by 17 U.S.C. § 512(c)(3) to legal@eurekatrials.com.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL CONTENT, ALL STUDY INFORMATION, AND ALL MATCHING RESULTS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
EUREKA AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS HEREBY EXCLUDE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY STUDY INFORMATION IS ACCURATE, COMPLETE, OR CURRENT; THAT ANY MATCHING RESULT WILL BE EFFECTIVE, RELIABLE, OR ACCURATE, OR WILL PREDICT YOUR ELIGIBILITY, ACCEPTANCE, OR ENROLLMENT IN ANY STUDY; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT TIMES OR LOCATIONS OF YOUR CHOOSING; OR THAT ANY DEFECT WILL BE CORRECTED.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL. YOU ARE RESPONSIBLE FOR MAINTAINING ADEQUATE ANTI-VIRUS PROTECTION AND FOR SAFEGUARDING YOUR OWN DEVICES, SYSTEMS, AND DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EUREKA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.
Certain jurisdictions do not permit the exclusion of certain warranties, and accordingly some of the foregoing exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EUREKA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS SHALL BE LIABLE, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR:
(A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, ANTICIPATED SAVINGS, BUSINESS, GOODWILL, REPUTATION, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF;
(B) ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR RELIANCE UPON ANY MATCHING RESULT, RANKING, STUDY INFORMATION, OR MEDICAL RECORD INFORMATION; THE ACTS, OMISSIONS, SERVICES, OR EXERCISE OF JUDGMENT OF ANY THIRD-PARTY PROVIDER; YOUR PARTICIPATION OR NON-PARTICIPATION IN ANY CLINICAL RESEARCH STUDY OR ANY OUTCOME THEREOF; OR ANY DELAY, INTERRUPTION, FAILURE, OR INACCURACY OF THE SERVICES;
(C) ANY EVENT BEYOND OUR REASONABLE CONTROL; OR
(D) ANY DAMAGES IN THE AGGREGATE EXCEEDING THE GREATER OF THE TOTAL AMOUNTS PAID BY YOU TO US DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED UNITED STATES DOLLARS ($100).
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE THEREOF.
Nothing herein shall exclude or limit any liability that may not be excluded or limited under applicable law, including liability for fraud or for death or personal injury resulting from negligence. Certain jurisdictions do not permit certain limitations of liability, and accordingly some of the foregoing may not apply to you.
You agree to indemnify, defend, and hold harmless Eureka and its officers, directors, employees, agents, affiliates, licensors, suppliers, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of or relating to (a) your use of the Services, (b) your breach of these Terms or of any applicable law, (c) any false, inaccurate, or incomplete information provided by you, (d) your violation of the rights of any third party, or (e) your participation in, or conduct in connection with, any clinical research study.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with such defense.
We may modify, suspend, or discontinue any portion of the Services at any time, in our discretion and without liability.
We may revise these Terms from time to time. In the event of a material change, we will provide notice through the Services, by electronic mail, or by revising the Last Updated date set forth above, and we may require that you affirmatively accept the revised Terms. Unless otherwise stated, revisions take effect upon the stated effective date, and your continued use of the Services thereafter constitutes acceptance. If you do not agree to the revised Terms, you must discontinue use of the Services.
Informal resolution. Prior to initiating arbitration, you and Eureka agree to attempt in good faith to resolve any dispute informally for a period of sixty days following written notice delivered to legal@eurekatrials.com and to the address set forth below.
Agreement to arbitrate. For users resident in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by final and binding arbitration on an individual basis rather than in court, provided that either party may bring an individual claim in small claims court to the extent such claim qualifies and remains therein, and provided further that either party may seek injunctive or equitable relief in a court of competent jurisdiction in order to protect its intellectual property rights or to address unauthorized access to the Services.
Each party waives any right to trial by jury and agrees that disputes shall be resolved solely on an individual basis and not as part of any class, collective, consolidated, or representative proceeding. The arbitrator shall have exclusive authority to resolve any dispute, including any question concerning the enforceability or scope of this arbitration provision, save that a court shall have exclusive authority to determine the enforceability of the class action waiver set forth herein.
Arbitration shall be administered by a nationally recognized arbitration provider in accordance with its then-applicable consumer arbitration rules. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision. Arbitration shall be conducted in the county in which you reside or remotely, at your election.
Opt-out. You may opt out of this arbitration provision by delivering written notice within thirty days following your first acceptance of these Terms to the address set forth below or to legal@eurekatrials.com bearing the subject line "Arbitration Opt-Out" and including your name, the electronic mail address associated with your account, and a statement that you wish to opt out. In the event you opt out, this arbitration provision shall not apply to you and all remaining Terms shall continue in full force and effect.
Judicial forum. Any dispute not subject to arbitration shall be instituted exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts and waive any objection to venue therein.
We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including where we have reason to believe that you have breached these Terms or that your use presents a risk to Eureka, to other users, to the integrity of clinical research, or to any Third-Party Provider. You may discontinue use of the Services at any time.
Upon termination, your right to use the Services shall cease immediately. Termination does not effect withdrawal from any study in which you have enrolled and does not operate to retrieve information previously transmitted to a sponsor or research site at your request, such matters being governed by the applicable informed consent document and by the policies of such sponsor or site.
The provisions of these Terms concerning intellectual property, disclaimer of warranties, limitation of liability, indemnification, limitation on time to file claims, and dispute resolution shall survive any termination.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Certain jurisdictions do not permit the shortening of an applicable limitations period, and accordingly this provision may not apply to you.
All matters relating to the Services and to these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision set forth above.
These Terms, together with the policies and Additional Terms referenced herein, constitute the entire agreement between you and Eureka with respect to the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether oral or written. In the event any provision hereof is held to be invalid, illegal, or unenforceable, such provision shall be limited or severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect. No failure to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof. You may not assign or transfer these Terms without our prior written consent, and we may assign, subcontract, or transfer our rights and obligations without restriction, including to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets. These Terms are for the benefit of you and Eureka only and are not intended to confer any right or remedy upon any third party, save that the persons released and indemnified hereunder are intended third-party beneficiaries of the provisions concerning third parties, disclaimer of warranties, limitation of liability, and indemnification. You consent to receive communications from us electronically and agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing. These Terms are drafted in the English language, and any translation is provided for convenience only, the English version controlling in the event of any inconsistency.
Eureka Trials, Inc.
5 Union Square West FRNT 1, #1442
New York, NY 10003
Support: hello@eurekatrials.com
Privacy: privacy@eurekatrials.com
Legal: legal@eurekatrials.com
Telephone: (929) 265-0739