Terms of Use

Section 1. Terms of Use

The ResearchMatch website is a web-based tool that was established as a unique collaborative effort with participating sites in the NIH Clinical and Translational Science Awards Consortium and is hosted by Vanderbilt University. The ResearchMatch website (accessible at www.researchmatch.org) contains a volunteer registry available to any individual who wishes to express interest in participating in research projects across the United States. The ResearchMatch website is owned and operated by Vanderbilt University, and its services are offered to you under the terms and conditions described in this Terms of Use. As used in this Terms of Use, the term "ResearchMatch" shall mean Vanderbilt University, and the terms "ResearchMatch" and "Vanderbilt University" shall both refer to Vanderbilt University. Your use of the ResearchMatch website constitutes your agreement to be bound by this Terms of Use. If you do not agree to the following Terms of Use, you may not use the ResearchMatch website.

Section 2. Use of Services

NOT FOR EMERGENCIES OR MEDICAL OR PROFESSIONAL ADVICE

The ResearchMatch website does not provide any medical or healthcare products, services or advice, and is not for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. Also, information contained on this website is not a substitute for a doctor's medical judgment or advice. ResearchMatch recommends that you discuss your specific, individual health concerns with your doctor or health care professional. The information and services offered on the ResearchMatch website are designed to match individuals within the public who may be interested in participating in research with appropriate studies being conducted by eligible researchers utilizing the ResearchMatch registry as a study recruitment tool.

Cost

There is no charge for using the ResearchMatch website.

Educational Resources

ResearchMatch may send you newsletters regarding common medical and health related topics and research or preventive care messages containing specific medical and health related information and links to other related websites. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by ResearchMatch. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained in these communications and resources may be compiled from a variety of sources. ResearchMatch makes no warranty as to the content of these materials or the information contained therein.

Your Account

Upon registration, you will develop a unique username and password. You are solely responsible for maintaining the confidentiality of your unique username and password and for all activities that occur under your username and password. You agree to prohibit anyone else from using your username and password and will immediately notify ResearchMatch and your Institutional Liaison, if applicable, of any unauthorized use of your username and password or other security concerns of which you become aware.
You agree that ResearchMatch and Vanderbilt University may access, preserve, and disclose your account information, including your username and password, if required to do so by law or in good faith belief that it is necessary to: (i) enforce this Terms of Use, (ii) respond to your requests for customer service, (iii) comply with federal, state, or local laws or legal process, (iv) respond to claims that information you have provided violates the rights of others, or (v) protect the rights, property or personal safety of ResearchMatch and its users, Vanderbilt University, or the public. Furthermore, you represent and warrant that you reside in the United States, are at least nineteen years of age, and that you possess the legal right and ability to enter into this Terms of Use and abide by the obligations hereunder. You agree to use the ResearchMatch website in accordance with this Terms of Use and abide by the obligations hereunder. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and will immediately notify ResearchMatch of any unauthorized use of your password or other security concerns of which you may become aware.

Intellectual Property

ResearchMatch hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the ResearchMatch website and to use the ResearchMatch website to the extent necessary to use the ResearchMatch services solely for their intended purposes. With the exception of any personal information submitted by a potential research volunteer, Vanderbilt University retains all right, title and interest in and to the ResearchMatch website, the ResearchMatch services and any content, products, documentation, or other materials on the ResearchMatch website and any patent, copyright, trade secret, trademark, service mark, or other intellectual property or proprietary right in any of the foregoing. With the exception of any personal information submitted by a potential research volunteer, the information available through the ResearchMatch website is the property of Vanderbilt University and its network sites and is protected by United States copyright, trademark, and other intellectual property laws; and any copy made of such information obtained from the ResearchMatch website as provided herein must include the copyright and/or trademark notice when applicable. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by ResearchMatch, or received from any other party or individual through the ResearchMatch website or registry to anyone, including but not limited to others in your organization. Use, reproduction, copying, or redistribution of the ResearchMatch or Vanderbilt University name, mark, or logo or any of its participating sites' name, mark, or logo is strictly prohibited without written permission from ResearchMatch or its participating sites.

Third Party Sites
- Although ResearchMatch may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by ResearchMatch or any of its participating sites. ResearchMatch takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does ResearchMatch take responsibility for the privacy policies and practices of these third-party links.
Operation and Record Retention
- Vanderbilt University reserves complete and sole discretion with respect to the operation of ResearchMatch website. ResearchMatch may, among other things withdraw, suspend or discontinue any functionality or feature of ResearchMatch features or services. ResearchMatch is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. ResearchMatch is not responsible for maintaining data arising from use of the ResearchMatch services. ResearchMatch reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to ResearchMatch.
Limitations on Use
- You agree not to access or use the ResearchMatch website in an unlawful way or for any unlawful purpose or for any purposes other than its intended purposes. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of ResearchMatch or any of its users. ResearchMatch reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Section 3. Disclaimers

General Disclaimers

YOU ACKNOWLEDGE THAT YOUR USE OF THE RESEARCHMATCH WEBSITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW VANDERBILT UNIVERSITY AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, VANDERBILT UNIVERSITY AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE RESEARCHMATCH WEBSITE, INFORMATION RECEIVED THROUGH THE RESEARCHMATCH WEBSITE, AND OTHER SERVICES PROVIDED HEREUNDER.

Limitation of Liability

IN NO EVENT SHALL RESEARCHMATCH OR VANDERBILT UNIVERSITY BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY TO YOU OR ANY OTHER USERS OF THE RESEARCHMATCH WEBSITE BEYOND $1,000 PER USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RESEARCHMATCH OR VANDERBILT UNIVERSITY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RESEARCHMATCH IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.

Section 4. General Provisions

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RESEARCHMATCH, VANDERBILT UNIVERSITY AND ITS TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH THE RESEARCHMATCH WEBSITE, OR ANY NEGLIGENT OR WRONGFUL USE OF THE RESEARCHMATCH WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

Third Party Rights

The indemnification provisions set forth above and the provisions under Section 3 Disclaimers are for the benefit of Vanderbilt University and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term and Termination

This Terms of Use shall commence upon the date you first access or use the ResearchMatch website. Either you or ResearchMatch may terminate this Terms of Use and your right to use the ResearchMatch website at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use or the ResearchMatch registry posted on the ResearchMatch website from time to time.

Notice

ResearchMatch may provide notice by e-mail to the e-mail address you provided ResearchMatch by a general notice on the ResearchMatch website, or by written communication delivered by first class U. S. mail or express courier to your address on record in the ResearchMatch account information. You may give notice to ResearchMatch at any time via electronic mail to info@researchmatch.org, through the ResearchMatch Contact Page, or by letter delivered by first class postage prepaid U. S. mail or overnight courier to ATTN: ResearchMatch, 2525 West End Avenue, Suite 600, Nashville TN 37203.

Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law rules or principles. You agree that Davidson County, Tennessee shall be the sole and exclusive venue for any legal action or proceeding between ResearchMatch or Vanderbilt University and you for any purpose concerning this Terms of Use. Any cause of action or claim you may have with respect to the use of the ResearchMatch website must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the ResearchMatch web site.

Severability

The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Waiver

If ResearchMatch does not exercise or enforce any particular right or provision in these Terms, ResearchMatch does not waive that right or provision. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by a signed writing. No single waiver shall be considered a continuing or permanent waiver.

Assignment

You may not assign, transfer, or delegate this Terms of Use or any part of it without the prior written consent of ResearchMatch. ResearchMatch may freely transfer, assign or delegate all or any part of this Terms of Use and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties.

Changes to Terms of Use

ResearchMatch reserves the right to update or change these Terms of Use at any time and for any reason by posting the modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions and you should therefore periodically visit this page of the website and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the top of this document. All Terms are automatically effective as soon as they are posted.

Thank you for reading the ResearchMatch Terms of Use.