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.
There is no charge for using the ResearchMatch website.
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.
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.
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
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
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
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 firstname.lastname@example.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.