SHARE For Cures Terms of Agreement
Welcome to SHARE For Cures!
SHARE For Cures is a website for motivated individuals who choose to collect and share their health and other information with researchers in order to accelerate the search for medical treatments and cures. SHARE For Cures runs on our SHARE platform (System For Health And Research data Exchange). Using the SHARE platform, individual users can import their medical information from the electronic health records of their doctors and other providers, save it to their account, and share it with researchers. Users can also import health, wellness, and lifestyle data from apps and medical devices, laboratories, and social media sources. Users will have numerous choices about what data they decide to import and share.
SHARE For Cures (or “we/us”) is a not-for-profit organization providing these services through our website and the SHARE platform (“the Site”).
Agreement to Terms
If you visit or use the Site and do not create a SHARE For Cures account, you are also agreeing to these Terms. If you do not agree with these Terms, you are not permitted to visit or use the Site.
No Medical Advice or Endorsements
You understand and agree that SHARE For Cures does not provide medical advice, diagnosis, treatment, or prescriptions, either through the Site or in any other way. The Site is not a substitute for professional medical advice, diagnosis, or treatment. If you think you may have a medical emergency, call your healthcare provider or 911 immediately.
We have no responsibility for, and will not have any liability associated with, the actions or inactions, or the data protection practices, of any person or entity that may receive your Anonymized Data through the Site or any Data Recipient designated by you to receive your data. Such data is provided to third parties solely at your own risk. We also do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information or content that may appear on the Site or on links reached through the Site. We have no control over any clinical trial, treatment, product, or service described on the Site, and we do not guarantee the accuracy of information about any trial, treatment, product, or service described on the Site. We are not liable for cancelled or unavailable clinical trials, your inability to participate in a clinical trial, or any consequences resulting from your participating or not participating in a clinical trial.
ANY CONTENT PROVIDED VIA THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM USING THAT CONTENT AND WE DISCLAIM ANY LIABILITY RELATING TO IT.
YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED OR OTHER ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE DIRECTLY OR INDIRECTLY THROUGH THE SITE.
Changes to Terms or Services
You understand and agree that we may modify these Terms at any time. We expect that most changes will only be editorial in nature or reflect changes in the Site or services we offer. However, in the unlikely event that we would ever make material changes that would permit us to share your information more broadly than we have previously described, we would ask you to consent to the new Terms before they applied to you. If you did not consent, the Site might be unavailable to you.
Because the Site is evolving, we may change all or any part of the Site, or stop providing the Site, at any time and without notice, at our sole discretion.
“SHARE For Cures” includes SHARE For Cures and its affiliates, subsidiaries, officers, directors, employees and agents.
Who May Use the Site
You may use the Site only if you are 18 years or older and legally competent.
You may use the Site solely for your personal purposes; you understand and agree that any commercial use is strictly prohibited.
Information You Provide
Alerts and Notifications
You agree that we may email or mail you communications about the Site, such as news about new Site features and content, customer surveys, or other information. If you do not want to receive these communications from us, simply reply to any email and state that you want to unsubscribe or send us an email at Support@SHAREForCures.org, and request that we remove you from our mailing list. If you use emails or (if available) text messages to communicate with us about your use of the Site, you are acknowledging that these methods of communication are not completely secure and carry a risk of being read or intercepted by a third party, and you are agreeing to receive and send these emails or text messages and accept this risk. You are responsible for any messaging or data fees you may be charged by your technology vendors.
Intellectual Property Rights
The Site and the content accessible through our website, and all intellectual property rights included in or associated with our website, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to our website and Content remains with us. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. You acknowledge that the Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary notice or legend incorporated in or accompanying the Site. Except as ordinarily occurs when visiting a website, material from the Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent.
If you believe that your intellectual property has been copied or is accessible via the Site in a manner that constitutes copyright infringement, please contact us at Support@SHAREForCures.org. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512.
You agree that you will not use the Site in any way prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
- You may not present, enter, or otherwise use the credentials, whether fraudulent or not, for any healthcare provider or other person, including your child or dependent.
- You may not make any misrepresentations to us or to any third party through the Site.
- You may not damage, overburden, or impair the Site or its availability.
- You may not use the Site in any way that is illegal, fraudulent, or harmful.
- You may not attempt to gain unauthorized access to the Site or other accounts, computers, or networks via the Site.
- You may not use the Site to copy, store, host, transmit, send, use, publish or distribute any malicious software or other harmful item.
- You may not copy, modify, distribute, sell, or lease any part of the Site or its content or software, nor may you reverse engineer or attempt to extract the source code of that software.
- You may not conduct any systematic or automated data collection activities without our specific, written pre-authorization (including, without limitation, any data mining, scraping, data extraction, or harvesting.)
- You may not use the Site to send spam or any other content or communications.
Links to Third Party Websites or Resources
The Site may contain links to third-party websites or resources that are not under our control or operation. We provide any such links only as a convenience to you. We do not endorse and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources (including those provided by your healthcare provider, Data Recipient or anyone else).
If access to the Site was provided through a link at another website, SHARE For Cures makes no representations, warranties, or endorsements regarding that website or any content on it.
In some instances we may contract with outside parties to collect and maintain our information collection servers and to perform technology and related services. We seek to provide any such third parties with only the information they need to perform their specific function. We are not responsible for the privacy practices of such third parties.
THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. YOU USE THE SITE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, malware-free, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Site or any information provided to you via the Site.
You assume total responsibility for your use of the Site and communications made via the Site, including by internet, email, and text message. You understand and agree that any uploads or transmissions through the Site could be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely yours. You also agree that SHARE For Cures will have no liability whatsoever for any unavailability of the Site or loss or inadvertent unauthorized use or disclosure of data or misdelivery or nondelivery of communications caused by system outages or any third party acts or any other outages involving the Site, internet providers, the internet infrastructure, or any third parties.
In using the Site, you may use third-party applications, services, or portals (“Applications”) to gather and import data into the Site. SHARE For Cures has no responsibility or liability related to these Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES NOT RELATED TO US OR SPONSORED BY US. USE OF SUCH APPLICATIONS IS AT YOUR OWN CHOICE AND RISK.
Limitation of Liability
NEITHER SHARE FOR CURES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOSS, CORRUPTION, COMPROMISE, UNAUTHORIZED DISCLOSURE, OR MISDELIVERY OF DATA, LOSS OF GOODWILL, LOST PROFITS, ATTORNEYS’ FEES, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER CAUSED BY US OR ANY THIRD PARTY, AND WHETHER OR NOT SHARE FOR CURES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY INURE TO OUR BENEFIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO TO THE EXTENT DISALLOWED BY APPLICABLE LAW, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE, OR ANY CLAIM RELATED TO THE SITE OR SHARE FOR CURES, IS TO STOP USING THE SITE.
IN NO EVENT WILL SHARE FOR CURES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED FIFTY DOLLARS ($50).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHARE FOR CURES AND YOU.
Indemnification for Consequences of User Violations
If you violate these Terms, or we reasonably suspect you have violated these Terms, we may block or suspend your use of the Site, bring legal action against you, and/or report you to law enforcement authorities. If we block your access to the Site, you agree not to attempt to circumvent our action (such as by creating or using a different account.)
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SHARE FOR CURES AND ANY OF OUR SERVICE PROVIDERS OR PARTNER ORGANIZATIONS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR MISUSE OR ABUSE OF THE SITE OR YOUR BREACH OF THESE TERMS. You will cooperate as reasonably required in SHARE For Cures’ defense of any claim. SHARE For Cures reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any matter without the written consent of SHARE For Cures.
Governing Law and Jurisdiction
Except for matters of United States federal law governing intellectual property, these Terms and any action related to the Terms or the Site will be governed by the laws of the State of Virginia without regard to conflict of laws provisions. If applicable, you consent to personal jurisdiction in Virginia courts and venue in Arlington County, Virginia.
You agree that, regardless of any law, any claim you may have against us must be brought within one year after the claim arises or is known or reasonably should have been known to you, or the claim will be forever barred.
Agreement to Arbitrate; No Class Actions
If you have a complaint, question, claim, or dispute (collectively, “Dispute”) regarding the Site, you are encouraged to bring it to our attention directly. Please email us at Support@SHAREForCures.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 the Terms or Site must be submitted to binding arbitration in Arlington County, Virginia, 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 shall be conducted in accordance with these Terms and the prevailing rules and procedures of the American Arbitration Association. Each party shall be responsible for its own costs and fees, and the joint costs of arbitration shall be 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 giving up (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.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SHARE For Cures may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings in these Terms are solely for convenience.
Any notices or other communications provided by SHARE For Cures under these Terms, including those regarding modifications to these Terms, may be given via email, text or via the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You consent to the use of these electronic methods of communication from us and agree that all communications, including Terms and agreements, that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
SHARE For Cures’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SHARE For Cures. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Site, or if you have any comments, complaints, or suggestions, please contact SHARE For Cures at Support@SHAREForCures.org.
The effective date of these Terms is October 16, 2016.