Introduction

Thank you for using our website.

This website, any related applications and platforms, telephonic, video, and all other related services (collectively the “Site”) are provided by CHMConnect, a division of CHM, Inc (“CHMConnect,” “we,” or “us”) and covered by these Terms of Service (these “Terms”). The Site includes direct communications between you and CHMConnect, you and CHMConnect’s Partners, and “CHMConnect Community Discussion,” including web-based community discussion, group email messages, discussion archives, and other communications among and between users. These Terms incorporate the terms and conditions set out in our Privacy Policy, making the Privacy Policy part of the binding agreement you accept through your acceptance of these Terms.

Acceptance of Terms

By using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, then your only option is not to use the Site. You may only use the Site and other services we offer if you can enter in the contract represented by these Terms.

Updates to These Terms

We may modify these Terms at any time, although we expect that most changes will be only editorial or reflect changes in our services. It is your responsibility to check the Terms periodically for changes. Your continued use of the Site after the date when any such changes become effective will constitute your acceptance of the new or revised Terms. However, in the unlikely event that we make material changes, for example, a change that would permit us to share your information more broadly than we have previously described, we will use reasonable efforts to notify you of such a change so you can make an informed decision about continuing to use the Site.

The date of the last update to these Terms can be found at the end of these Terms.

No Practice of Medicine

You understand and acknowledge that we are not engaged in the practice of medicine, either through the Site or any associated communications or services, and that the Site is not a substitute for professional medical advice, diagnosis, or treatment. The Site is provided for informational purposes only. You are encouraged to seek professional diagnosis and treatment for medical conditions or assistance. You agree that we have no responsibility to provide medical advice or take any medically related action in response to any information you provide on the site. You also agree that we have no control over our clients, and you should not construe any information you receive from them as medical advice either.

We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, clinicians, opinions, products, or other information that may appear on the Site or on links reached through the Site.

We have no control over any research studies, clinical trials, products, or services described on the Site, and we cannot guarantee the accuracy of information about any research studies, clinical trials, treatments, products, or services described on the Site. We are not liable for canceled or unavailable research studies, including but not limited to surveys, focus groups, interviews, discussion boards, advisory boards, workshops, services, or clinical trials, which you may have been made aware of through CHMConnect, your inability to participate in any of the described activities, or any consequences resulting from your participating or not participating in any of the described activities that you may have been made aware of through CHMConnect. Further, other than protecting your Personal Information, we have no control over and cannot guarantee how the results from your participation are used by the Client or Partner you connected to through CHMConnect. 

Eligible Users of the Site

By using the Site, you affirm that you: (i) are at least 18 years of age or older, (ii) are an emancipated minor, (iii) possess the consent of a legal parent and/or guardian to use the Site and agree to these Terms, or (iv) are using and engaging with the Site for the benefit of a minor for whom you are the legal parent and/or guardian. By accepting these Terms, you affirm that you are fully able and competent to enter into and abide by all of the terms and conditions outlined in these Terms. If a parent and/or legal guardian and their minor use the Site, then both the parent and/or legal guardian and the minor shall be bound by these Terms and responsible for their use of the Site.

The Site is intended primarily for U.S. users. Except as may otherwise be stated in these Terms and/or our Privacy Policy, if you are not a resident of the U.S.:

1. We make no claim that information on the Site is appropriate or permissible in your country. Products and clinical studies discussed on the Site may have different product labeling and disclosure requirements in different countries; and
2. If you register or submit information on the Site, you agree that we may, subject to the protections and limitations described in the Terms, in our Privacy Policy, and on the Site, collect, use, store, or disclose that information in the United States or in another country outside your jurisdiction. You understand that information protection laws outside your country of residence may vary. By providing your information, you consent to the international transfer of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere on the Site.

Users may be asked to identify as one of two categories; (i) Consumers and (ii) Partners. Consumers are individuals who seek to make their personal information, health condition, and experiences available through the Site (each a “Consumer”). Partners are either individuals or entities that seek to engage Consumers for research studies, clinical trials, or other opportunities (each a “Partner”). 

Use Limitation

Consumers will only use the Site for each Consumer’s purposes. Each Consumer understands and agrees that any commercial or organizational use is strictly prohibited.

Partners will only use the Site for each Partner’s authorized commercial purposes as agreed upon in an executed agreement with us. Unless otherwise authorized, each Partner may only use the Site for its own purposes, not on behalf of another person or entity, and not as a broker or intermediary. Each Partner further agrees that Consumer involvement and disclosure of information is purely voluntary and may be revoked at the Consumer’s sole discretion at any time. A Partner’s use of the Site does not guarantee a Partner’s access to Consumer information or participation unless agreed to by a Consumer.

Privacy and Protection of Personal Information

Our Privacy Policy describes how we manage and protect information. Our Privacy Policy is incorporated into these Terms.

User Content and Community Discussion Services

“User Content” is any content or information (including text, data, images, video, and audio) submitted, shared, or posted by users of CHMConnect and its Site (including but not limited to screening surveys and interviews, and community discussion boards). CHMConnect does not control or approve User Content and bears no responsibility for its accuracy, appropriateness, or quality. You must evaluate and bear all risks associated with any User Content, and you further acknowledge and agree that CHMConnect will be in no way liable for any User Content or any consequences of its inclusion or omission. Users promise and warrant that User Content is true and accurate in all material respects, and Users shall take necessary action through the Site to update User Content to the extent it is no longer true and accurate in all material respects.

CHMConnect retains the right (but not the obligation) to refuse to post or delete any User Content available through the Site or disqualify a user, if we believe, in our sole discretion, that the User Content posted by such user violates the letter or spirit of these Terms, is fraudulent, or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or delete any User Content.

By submitting User Content, such as a personal story, photograph, video, audio recording, you understand that CHMConnect may publish such User Content to its Site and any news media. You additionally understand that, once published or released, CHMConnect has no control over who views or uses the User Content. You further understand that submitting a story, photograph, video, or audio recording does not entitle you to any monetary or other compensation. 

You hereby release, waive, and discharge any claims of any kind or nature arising out of or relating to the use of User Content, including the statements, photographs, audio recordings, or video recordings, that you may have against CHMConnect or any person or firm authorized by CHMConnect to publish said materials (“Publisher”). Such release, waiver, and discharge shall also extend to all affiliated companies, shareholders, directors, officers, employees, agents, and assignees of CHMConnect, any CHMConnect Partner, and any Publisher. The release of rights described above shall be binding on your successors, heirs, assignees, executors, administrators, spouse, and next of kin.

You shall only share photographs to which you own the copyright or you have received express permission from the copyright owner to share. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph or have received the express permission of the copyright owner to have the photograph used and shared by CHMConnect. If any people pictured are minors, you must obtain their parent’s or guardian’s express written permission to have such minor’s image used by CHMConnect. You represent and warrant that you have the express permission of everyone who appears in any photograph (and their parent or guardian, if applicable) to be photographed and have the photograph used and shared by CHMConnect. You shall only share audio of yourself with third parties from whom you have received express permission to share for the purposes outlined in these Terms. By submitting, or otherwise agreeing to CHMConnect’s use of a photograph, video, audio, or other content, you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter, and otherwise use the content in whole or in part, without further consent, review, or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or created at any point in the future, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your commentary in connection with the content. We reserve the right to use, not use, or discontinue using any content at our sole discretion at any time. You understand that CHMConnect has no control over who views or uses any uploaded photograph or video content once published. You further understand that submitting a photograph or video does not entitle you to any monetary or other compensation.

By using the Site, filling out a profile, providing personal or health-related information or stating personal preferences, applying to “share your story” or “join a clinical trial” or other opportunities, you are expressly consenting to CHMConnect’s right to share the same with our Partners, and for the Partner to use de-identified forms of your User Content consistent with the Privacy Policy and as otherwise agreed to by you.

CHMConnect may delegate the task of managing Community Discussion services to internal or external community managers or list managers (collectively “Community Managers”). Community Managers will be authorized to refuse to post or delete any User Content if a Community Manager believes, in their sole discretion, that the User Content violates these Terms or is objectionable for any reason. You agree that CHMConnect is not liable for the actions or omissions of any Community Manager. You further agree that CHMConnect may transmit and give each Community Manager access to User Content for the purposes explained in these Terms and to fulfill the Community Manager’s role. 

When you submit User Content to be posted on our Site, you must follow these rules:

• Your User Content must be appropriate and civil.
• Your User Content must not:
  • violate any law; infringe on any third party’s legal rights or be capable of giving rise to legal action against you, us, or third parties;
  • be obscene, indecent, or pornographic;
  • infringe any copyright, trademark, or other intellectual property right;
  • infringe any right of privacy or violate any confidentiality obligation;
  • contain any negligent statement;
  • incite the commission of a crime;
  • be in breach of any contractual obligation owed to any person;
  • be false, misleading, or knowingly inaccurate;
  • contain any instructions, advice, or other information that could, if acted upon, cause illness, injury, death, or any other loss or damage;
  • constitute spam;
  • be offensive, blasphemous, threatening, harassing, defamatory, discriminatory, or inflammatory;
  • be likely to cause annoyance, inconvenience or needless anxiety to any person; or
  • link to a page containing material that would violate these prohibitions.

Creating an Account, Passwords, and Security

If you register and create an account on the Site, you must provide us with accurate information, and you will choose a password. You are responsible for maintaining the confidentiality of your password. You are not permitted to share your password with others and are responsible for all activities under your account. You will notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. CHMConnect will not be liable for any loss you or others may incur due to someone else using your account, either with or without your knowledge. You may not use anyone else’s account.

You may choose to post information using the Community Discussion services or elsewhere on the Site about yourself or about someone else, such as a family member. If you post information about someone else, you must have that person’s prior permission.

If you choose to post information, whether about yourself or any other person:

• You understand and agree that all current and future users participating in Community Discussion or using the Site, as applicable, will be able to view the information you share, and
• You understand that, whether or not it is permitted, current or future users participating in Community Discussion might save or disclose your information in other places without your knowledge or consent. If that outcome occurs, neither you nor anyone else will have a remedy or claim against CHMConnect, as explained in the Warranty Disclaimer and Limitations of Liability section of these Terms. Therefore, please exercise discretion when deciding what information you choose to post.

Prohibited Uses

As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:

• You must not use our Site in any way that may damage, overburden, or impair the Site or its availability; or in any way that is illegal, fraudulent, or harmful or related to any illegal, fraudulent, or harmful activity.
• You may not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or CHMConnect, including but not limited to using another person’s login credentials.
• You must not use our Site to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any malicious computer software.

• You may not copy, modify, distribute, sell, or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission.
• You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or concerning our Site without our express written consent.
• You must not use our Site to send spam, surveys, or any unsolicited commercial communications.
• You must not use our Site for any marketing, research, or other commercial or organizational purposes without our prior express written consent.
• You are required to respect the confidentiality and trust of others in the CHMConnect communities you participate in. If users participating in Community Discussion share their username, picture, or other content in a way that reveals their identity or enables you to guess who they are, you are forbidden to share this on the CHMConnect website or anywhere else, unless it is to reply to their posts or refer to their username within Community Discussion.

Use of Materials and Information on the Site

Subject to applicable law, we or our licensors (people or entities from whom we license content) own the intellectual property rights in the Site and materials on the Site. Subject to the protections and limitations described in these Terms and our Privacy Policy, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any media; provided that, as described in our Privacy Policy, this license does not include Personal Data such as your email address. You also grant us the right to sub-license these rights and bring an action for infringement of these rights. All these intellectual property rights are reserved.

You may view, save, and print pages from the Site for your personal use, subject to the restrictions below and elsewhere in these Terms.

You must not:

• republish or repost material from the Site (including on another website), except for User Content you have authored yourself or content specifically and expressly made available for redistribution;
• sell, rent, or sub-license material from the Site; or
• copy or otherwise exploit material on the Site for a commercial purpose.

Links

For your convenience, the Site may provide specific links to other applications, services, and websites provided by third parties. CHMConnect is not responsible for the content of any other applications, services, or websites linked to or from the Site. If you follow any such links, you will leave the Site and do so entirely at your own risk. CHMConnect provides links from the Site solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor, or owner of any other applications, services, and/or websites. CHMCONNECT DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES, LIABILITIES, CONDITIONS, OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF LINKED APPLICATIONS, SERVICES, OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY SUCH THIRD PARTIES.

Taxes

All taxes applicable to any compensation CHMConnect provides to you through use of the Site will be your responsibility. CHMConnect shall not withhold or pay any amounts for federal, state, or local income tax, social security, unemployment, worker’s compensation, or any similar tax or charge. Under current law, if CHMConnect is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the gross annual compensation paid by CHMConnect to you, then you will be required to complete and submit a Form W-9. You acknowledge that you shall be solely responsible for reporting and paying all federal, state, and local income taxes, social security taxes, all federal and state self-employment taxes, and other governmental obligations resulting from your receipt of compensation from CHMConnect. You will indemnify and save harmless CHMConnect from any liability for any taxes, penalties, or interest that any taxing authority may assess with respect to compensation received by you from CHMConnect.

Data Collection

Various types of programs and activities are available on the Site, sponsored by CHMConnect, its members, Clients, and/or Partners. You will not be required to participate in a specific program to use the Site. You may be qualified to receive compensation for certain programs or activities you participate in. CHMConnect uses the data collected from these activities to assist its Partners in providing you and others with better services and products. Without your consent, CHMConnect will never provide information that identifies you personally to members, Clients, or Partners, as more fully described in the Privacy Policy.

Trademarks, Copyrights, and Other Intellectual Property

CHMConnect, CHM, Inc and our logos, and any other words or images marked by the ™ or ® symbols are trademarks belonging to us. We do not permit the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Site are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.

CHMConnect shall retain exclusive right, title and interest (including all intellectual property rights) in and to the Site, all materials that are part of the Site (including past, present, and future versions) (excluding User Content), including, without limitation: art, icons, graphics, layout, text, images, audio and/or video, designs, features, advertisements, logos, domain names, trade names and marks, and service marks, any and all copyrightable material, the “look and feel,” the compilation, assembly, and arrangement of the materials of the Site, and all other materials or content made available on the Site (collectively, “Company Content”) and any such Company Content is protected from unauthorized use, copying, and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

Copyright Infringement Notice

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please write to us at chm@chmconnect.org to get a message to our Copyright Agent. The requirements for what you must include in your notice are set out in the Digital Millennium Copyright Act, 17 U.S.C. § 512. We respond expeditiously to notices of claimed copyright infringement. If we become aware that a user is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate or block that user.

Warranty Disclaimer

CHMConnect is only a venue and CHMConnect does not screen, censor, or guarantee information on the Site.

You acknowledge that some of the information published on the Site is submitted by Users, or Partners. We do not warrant the completeness or accuracy of any information published on the Site, whether submitted by us, Users or Partners. We do not warrant that the Site will remain available or that the material on the Site is or will be kept up-to-date.

WE PROVIDE THE SITE “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.

Limitation of Liability

TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU CANNOT RECOVER ANY DAMAGES FROM US RELATED TO YOUR USE OF THE SITE, WHETHER IN STATUTE, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, LOST DATA, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.

CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.

If you post content on the Site, you understand and agree that comments relating to your posts may be submitted by other users on our Site. You acknowledge that such comments may be critical, offensive, or defamatory, and you agree that we are not nor will you hold us liable for any such comments, regardless of whether we are aware or ought to have been aware of such comments.

Breaches of These Terms and Indemnification by You

If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may but are not required to: send you one or more warnings; temporarily suspend your access to the Site; permanently prohibit you from accessing the Site; withhold any compensation to which you may have been eligible for completing a research study or opportunity; block devices using your IP address from accessing the Site; ask your internet service provider to block your access to the Site; suspend or delete your account; delete or edit your User Content; bring court proceedings against you seeking damages and/or injunctions; report you to law enforcement authorities; and/or any other remedy or recourse available to us. If we suspend, terminate, or block your access to the Site, you agree not to take any action to circumvent our action (such as creating or using a different account). If we bring a legal action against you, we agree that the jurisdiction and venue for such action will be the federal or state courts of the jurisdiction where our principal place of business is located. We further agree that a judgment in any such action may be enforced in other jurisdictions by suit on the judgment or ruling, or in any other manner provided by law.

Indemnification: You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.

Governing Law, Arbitration, and Jurisdiction

All matters related to these Terms and the Site will be governed by the laws of Florida, without regard to conflicts of laws provisions.

If you have a complaint, question, or dispute (collectively, “dispute”) regarding these Terms and/or the Site, you are encouraged to bring it to our attention. You may write to us at chm@chmconnect.org, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to these Terms and/or the Site shall be submitted to confidential arbitration in Hillsborough County, Florida, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted following the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.

By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.

You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.

Other Legal Provisions

Any failure or delay by either party to enforce any part of these Terms will not constitute a waiver of that party’s rights under these Terms. These Terms control the relationship between you and CHMConnect. These Terms do not create any third-party beneficiary rights. If we enter into an additional or separate agreement with you with additional terms, the additional or separate agreement will control if there is a conflict with these Terms. If a particular provision of these Terms is determined by a court of competent jurisdiction to be unenforceable, the other provisions will remain in effect. You may not transfer your account or rights under these Terms to any other person or entity. In our sole discretion, we may transfer, delegate, or assign our rights and obligations under these Terms to others without notifying you or obtaining your consent. The current version of these Terms, which incorporate our Privacy Policy by reference, constitutes the entire agreement between you and us concerning the Site.

Definitions

• “Partner” means any customer, client or other third-party that contracts with CHMConnect to receive services for consideration, to gain access to User participation in research studies, clinical trials, opportunities or other engagements in the ordinary course of business involving User Content on both a de-identified and personally identified basis.
• “Personal Data” is individually identifiable information or information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a User.
• “Publisher” means any news or media organization that produces, compiles, publishes, promotes, or distributes news content.

If you have any concerns, inquiries, or complaints about the Site, including any actions a Community Manager took, please write to us at chm@chmconnect.org. We appreciate your input.

Thank you for using our Site, and we hope it is helpful to you.

Effective Date

These terms of use are effective October 26, 2023.