TERMS OF USE

(Last Updated June 20th, 2012)

StudyCue, LLC (sometimes referred to herein as the “Company”), is the developer of www.StudyCure.com (this “Website”), and is granting you access to the Website and the information and materials on this Website (together, the “Materials”). This includes: (1) access to content; (2) textual information based on personal health and medical information you provide concerning you; (3) automatically generated information responsive to user-entered data; and (4) other information appearing here. You are granted only a limited license to use the Website and Materials, as set forth in the Legal Notices section of this Website. 

By using this Website, you agree to be bound by this User Agreement (the “Terms”). Capitalized terms are defined in these Terms. You may receive a copy of these Terms by emailing us at: info@StudyCure.com and indicating on the subject line “Request Copy of Terms”. These Terms constitute a legal and binding agreement.

 

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE WEBSITE.

 

DESCRIPTION OF THE SERVICES PROVIDED

The Company is an independent service that develops, operates and maintains a web-based that provides information for users to participate in user-generated studies that are designed to be informal studies to test certain simple, health-related concepts, such as “if I cut out sweets for 2 weeks, I will lose some weight” or “if I do yoga three times a week, I will have less joint and back pain.”  Users can join and generate health-related “experiments”.  From these experiments, we will present health-related information to users (including relevant experiments that users have run) and present products or services that may be of interest to users, based on the experiments in which they have participated (example:  Vitamin C supplements for people who have experimented with Vitamin C consumption).  We expect to provide a clinical trials listing and matching service, which will be available through the Website, in the future.

The Company maintains a secure, central database that stores information about individuals who have signed up for participation in the user-generated experiments.  This information may be used for future services that we may offer, including, but not limited to, matching you for possible participation in a professional research study in the future.  

You will be you will be given the option of entering information concerning your lifestyle, health, habits, hobbies, diet, exercise regimen, ailments, symptoms, medication and other health-related information.  By entering the information, you grant StudyCue, LLC both access and permission to digitize the Protected Health Information (“PHI”) as that term that term is used in the Health Insurance Portability and Accountability Act   (“HIPAA”).  See 45 C.F.R. Sections 160.103 and 164.501.  Although StudyCue, LLC is not subject to HIPAA regulations, StudyCue, LLC takes steps to protect your PHI nonetheless, as set forth in our Privacy Policy.  

A user’s health information that they have entered and the results of the experiment they run or participate in on this Website will be accessible by a user from any device that is able to establish a connection to the internet using a unique and individual user name/password.  A user will establish an exclusive user name.  Users should select their usernames carefully because, if they choose to make an experiment public to the community on this Website, such experiment will be tied to that username.  Users will have the option of not displaying their username to the community and password during account creation. You are able to change the password of your account.   Except as described in these Terms or in the Privacy Policy, your PHI will not be disclosed by the Company without your permission.

Each account can be tailored by the user to upload, maintain and store health or other information that pertains to the experiments that users create or join and for which they choose to submit data.  You  acknowledge and agree that the Company, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of StudyCue, LLC or of the Website shall have the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in your account to provide the products and services and operate the Website, with such information protected as described more fully in our Privacy Policy.

The Company reserves the right to refuse service and/or terminate any user’s account in its sole discretion.

THE WEBSITE IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY.

The Website is a sharing website. Our goal is to provide a platform for users who want to participate in informal research experiments and want to share their health information to create collective knowledge about preventing and treating disease and maintaining good health.  We know our success in achieving this goal depends on a shared belief that to be open about health status and be willing to participate in crowd-sourcing, public experiments, which will contribute to the collective good.  Not everyone will feel comfortable sharing their health information or participating in experiments, and we aim to be fully transparent about the benefits and risks of being part of this sharing site, including those related to privacy.  We collect health-related information that would otherwise, except for you agreeing to share it, not otherwise be sharable with other users who are conducting experiments in which you might participate.  Other users may include professional researchers who choose to participate in our community.  Our Privacy Policy outlines the type of information we collect from individuals who have registered to join the Website (“Members”) and how it is shared with other third parties, including, but not limited to, pharmaceutical companies, medical device companies, non-profits, and research institutions (“Partners”) and other users who may be conducting experiments or whom you have otherwise agreed to share your PHI.  Click here to read our Privacy Policy. 

The Company makes no effort to review the information provided by users for any purpose, including, but not limited to accuracy, legality or non-infringement.  The Company does not specifically endorse any study that is posted on this Website, but makes a platform available for users to receive information about studies.  This Website is not intended to provide medical advice to diagnose, treat, cure or prevent any condition or disease.  All the information provided in this site is for informational purposes only and is not reviewed by any health professionals employed by StudyCue, LLC.  Participation is solely a users responsibility.  StudyCue, LLC recommends that a user only sign up for experiments to test hypotheses with which a user is comfortable testing.  Ideal experiments are those that are testing that which a user already has been doing or has been wanting to try and which no medical professional has previously advised a user not to participate in.

Any content accessed through the Website is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects of any particular health practices, medication or medical treatment and is not intended to cover all the risks and benefits associated with participating in any informal or formal research study.  This Website and Materials should not be used for the diagnosis or treatment of any medical condition.  Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment or making changes to your lifestyle that could impact your health.  Do not ignore or delay obtaining professional medical advice because of information accessed through the Website.

This Website and Materials should not be used as a substitute for medical care, including, but not limited to, in medical emergencies.  Call 911 or your doctor if you are experiencing a medical emergency.

Based on the information you provide, the Company may present information relating to third party products or services.  The Company is not responsible for the products and services offered by or on third-party sites.  For more information on third party products and services, see the Section entitled Links and References to Third Parties’ Products and Services. 

FOR PERSONAL USE ONLY

This Website and the Materials are designed for personal use by persons age 18 or older and is exclusively designed for residents of the United States.  StudyCue, LLC is a Delaware limited liability company that is based in New York, New York, in the United States of America.  The Company makes no claim that the Website and Materials are appropriate or may be downloaded or accessed outside of the United States.  Access to the Website and Materials may not be legal by certain persons or in certain countries.  If you access the Website and Materials from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The Website and the Materials may not be used in connection with any commercial endeavors by individuals.  No commercial business or not-for-profit organization may sign-up on the Website or use the Website or the Materials for any purpose, unless special permission to do so is obtained in writing from the Company.  By using the Website and the Materials, you represent and warrant that you have the right, authority and capacity to abide by all of the terms and conditions set forth in these Terms and that you will abide by all of them.

You may not authorize others to use your account.  As a Member, you may not assign or otherwise transfer your account to another person.  You are responsible for logging out of your computer to prevent unauthorized access to information you may receive from the Company. You must immediately notify the Company of any unauthorized use of your password or account by writing to us at password@StudyCure.com and entering on the subject line: “Unauthorized Access.”

PASSWORD VERIFICATION

Initially, upon registration you will provide the Company with your designated password for accessing your account.  You will be able to reset and change your password as directed by prompts on our Website or by logging into your account.  It will be your sole responsibility to maintain the account password security, and any changes to your password must be completed while logged-in to your secure account.  In the event you forget your password, you will be required to validate your identity.  Once the verification process has been completed, the Company will send an email to you at the email address associated with the account with instructions on how to reset your password.

StudyCue, LLC relies on knowledge of usernames and passwords to determine your permission in the disclosure of information.  You are responsible for protecting your username and password or assigning guest users access.  The Company not be held liable for access to accounts where a valid username and password has been used.

Restriction Of Access To Minors

We are committed to protecting the privacy of children. This Website and the Materials are not intended or designed to be used directly by minors.  You are entirely responsible for your children’s use of the Internet to access this Website and the Materials and to access any of our products and services.  To prevent or limit your children’s access to such materials, a number of parental control protections (such as computer hardware, software or filtering services) are commercially available. We will not knowingly collect information directly from minors.

YOUR DUTY TO PROVIDE ACCURATE INFORMATION

You agree to: (a) provide true, accurate, current and complete information (which may include, but is not limited to, legal name, email address, a username and password, any and all contact phone/fax numbers and phone carrier you provide as prompted by the registration form (such information being the “Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StudyCue, LLC has the right to suspend or terminate your request and or account and refuse any and all current or future use of the Company’s products or services.

VERIFICATION OF YOUR HEALTH INFORMATION

The Company is not responsible or liable in any way for the accuracy or completeness of any PHI that you input or upload to the Website.

As to information on the Website, such information may contain typographical errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to content, promotions, product or service descriptions or specifications or other information on the Site.  The Company does not provide any guarantee of the accuracy of the data or medical records shown on your account. 

 If you create, transmit, or display health or other information while using the Website, you may provide only information that you own or have the right to use.  When you provide information through the Website, you give the Company a license to use and distribute it in connection with our services, as permitted pursuant to our Privacy Policy.  

HIPAA DOES NOT GENERALLY APPLY TO THIS WEBSITE

This Company is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (collectively, HIPAA”).  However, the Company may only use health information you provide as permitted by our Privacy Policy and applicable law. Please click here for more information about this Company and the Website and HIPAA.  

Notwithstanding the foregoing, you may have certain rights regarding your PHI, including, but not limited to:

1.      The right to request that we place additional restrictions on our uses and disclosures of the PHI.  Note: that we are not obligated to agree to impose any such additional restrictions.

2.      The right to access, inspect and copy the PHI that we maintain in our files, and the right to have us correct or amend any information that you have created by participating in an experiment.  Notwithstanding the foregoing, if an experiment has concluded, you may not be able to correct or amend any information that you have created for that study.  Requests to access or amend your PHI should be either “flagged” using the tools on the Website or sent to customer service at membership@StudyCure.com; be sure to include the email address that serves as your account login. 

3.     The right to receive an accounting of the disclosures of the PHI we maintain on you that we make for purposes other than activities related to your health care data collection and maintenance.

4.      The right to request that communications containing PHI are sent in a confidential manner.

5.      If you received a notice from us electronically, the right to obtain a paper copy of this notice from us on request.

In the event of any unauthorized acquisition, access, use or disclosure of PHI, we shall fully comply with the applicable breach notification requirements, including any and all applicable regulations which have been or may be promulgated.

NO PROFESSIONAL ADVICE RENDERED

In publishing this Website, the Company is providing general information regarding participation in health-related experiments.  The Website is intended only to assist you in your decision-making about participation in health-related experiments and is broad in scope. The Website and Materials may not have been reviewed by health professionals and has not been evaluated by the Food and Drug Administration. 

Although the Company allows users to input health and medical information into the system and provides general feedback based on automated processes and may suggest user-generated experiments that the user may be interested in participating in, based on proprietary algorithms employed in the Website, the Company is not engaged in rendering individualized health or medical advice, nor does the Company provide any health care or medical services, and the Company express no opinion on whether any particular experiment is a study any particular user should participate in.  Your personal health situation is unique, and any information obtained through the Website, including, but not limited to, any recommendations that may be generated and sent to you, may not be appropriate for your particular situation.

Medical and research concepts are complex, and it is impossible to describe or program for every health condition or diagnosis that may apply to every person. To make the content understandable to people, we have simplified our explanations.  Before making any final decisions or implementing any strategy relating to your health care or course of treatment or deciding to participate in a formal or informal experiment, you should consider obtaining additional information and advice from your medical doctors or other health care providers who are fully aware of your individual circumstances.

For medical advice and treatment, you should seek the services of a competent medical or other health care professional, and you should review all informed consent materials provided by the user who has generated the experiment, if any.  StudyCue, LLC is not involved in the preparation of any specific informed consent materials for any experiments with which you may be matched or in which you participate; general information concerning “informed consent” applicable to all experiments that users generate may be accessed by clicking here. 

StudyCue, LLC does not endorse or recommend any of the specific experiments listed by individual users.  All suggestions for suitable matches of a user with a particular experiment are based on our computer-based algorithms.  We cannot guarantee complete accuracy of these suggested matches or that a match would guarantee inclusion in any user-generated experiment or in any professional clinical trial with which you may be matched in the future.

Service Features

Some of the features of the Website and Materials may not be available to you. The Company, in its sole discretion, determines what features are available and may add or discontinue any features of the Website at any time or make certain Materials available or discontinue access to certain Materials at any time.

Blocking Of IP Addresses

In order to protect the integrity of the Website and the Materials, the Company, in its sole discretion, reserves the right at any time to block members from certain IP addresses from accessing the Website and the Materials.

MEDICAL AND HEALTH-RELATED CONTENT

The Company believes its content to be useful, reliable, and current, but accuracy or completeness is not guaranteed.  Any providers whose data or calculation formulas and strategies (for example, formulas for calculating normal ranges of weight and height for an adult) we may use furnishes information to us without warranting its accuracy, and you agree that errors contained in such data shall not be the basis for any claim, demand, or cause of action against StudyCue, LLC or any of its providers.

Although we try to keep up with changes in scientific and medical knowledge and update our own content accordingly, the Company does not undertake any responsibility to immediately update the content on this Website to reflect changes in scientific and medical knowledge.

The Company shall not be held responsible for any inaccurate information or statements made on this Website, including, but not limited to, any errors in any health-related or medical information you have input.  You should verify the information and statements contained in any report, recommendation or statement which the Website generates based on information you have input before acting on information and statements provided in the reports or otherwise on this Website.

NO RELIANCE FOR MEDICAL OR OTHER PURPOSES

The Company will not be responsible for any action or failure to act in reliance upon the Website, the Materials or any third party website that may be accessible through a link on this Website. No information about health and medical matters included in this Website or the Materials, or any website to which this Website may be linked, should be construed as a prediction of future results.  StudyCue, LLC provides this Website as a platform and is not responsible for obtaining the required ethical and regulatory approval for posting clinical trial information and promotional materials; any professional research studies that we may list on our Website are sponsored by third parties not affiliated with this Website or the Company.

OUR ANALYSES

The Company provides general information about health and medical products and services offered in the U.S. in its analysis. The Website and the Materials may contain information from credible sources representing different points of view.  This information is either provided by vendors who contact the Company or is the result of experiments that our users have conducted or is otherwise collected from publicly available sources.  Lists of products and services are not exhaustive, nor are any individualized recommendations implied.  A user should always consult with a medical professional before making changes to his or her health-regime or medical treatment.  While the Company makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website or in the Materials.

RESPONSIBILITY FOR MEDICAL DECISIONS

Each user is solely responsible for the outcome of his or her health.  Users are free to choose their own professionals to assist in their health care planning.  StudyCue, LLC shall not be required to make any recommendations for any primary care physician, pediatrician, nutritionist or other health care provider.

StudyCue, LLC shall not be responsible for any medical decision a user makes using the information reported on any webpage or other source of the Website or in the Materials, through third-party links or any other third party source.  Any statement by the Company regarding generalized medical issues should not be construed as a specific recommendation for the user to act in a certain way when making health care decisions, even when provided in connection with the user’s data.  For example, generalized recommendations regarding ranges of weight should not be construed as a recommendation that any specific amount of weight can be gained by a user. The information provided here should be used to guide further inquiry in consultation with licensed professionals. 

We can provide you no guarantees about the outcome of your participation in any experiment – whether formal or informal.  Among other reasons we cannot provide a guarantee, your health condition is not constant, and not only can your health situation change, but also your needs and resources may change.  Also, you may devote less time to implementing any health care strategy than is necessary to achieve the desired results or may selectively choose to focus on specific medical issues that are not optimal to maintain good health, and we have no control over the experiments themselves.  In professional research studies, you may be assigned to a control group and receive no treatment at all (for example, in an experiment concerning a drug that if you received it, you might benefit).  Similarly, you may have adverse reactions to treatments or lifestyle changes that you make as part of your participation in an experiment.  In no event will the Company be responsible for any negative impact on your health or well-being or otherwise as a result of your participation in an experiment.

You acknowledge that the Company has made no representations to you concerning the use of the Website and Materials, outcome of any experiment – whether formal or informal – in which you participate, the specific benefits or risks involved in sharing your health information with other users, including, but not limited to, any guarantee of success in maintaining good health as a result of using the Website and Materials.  Projections concerning your future health condition are estimates only and should not be relied upon by you for any purpose.  

The Company recommends that you review your health and medical status with a qualified medical professional periodically by going for regular check-ups, and be mindful of any fundamental change in your health status, including, but not limited to, having regular blood work, blood pressure monitoring and a physical examination.  This Website and the Materials are not intended or designed to replace your physician’s independent judgment about the appropriateness or risks of symptoms, conditions, or treatments (including, but not limited to, participating in any experiment) for any given person, including those individuals with special symptoms and health conditions.  

STUDYCUE, LLC IS NOT YOUR DOCTOR OR OTHER HEALTH CARE PROVIDER.  THE WEBSITE AND THE MATERIALS DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. 

StudyCue, LLC has no continuing obligations to you, pursuant to this Agreement, once the service has been terminated or your membership has been cancelled. 

CHANGES IN AVAILABLE SCIENTIFIC OR MEDICAL INFORMATION

StudyCue, LLC has no duty to advise users of changes in the scientific or medical information that may affect a user’s health or medical situation or re-analyze a user’s information based on changes in the available scientific or medical information or otherwise.  Users may receive periodic newsletters and other information from the Company, but such materials are sent as courtesies.  Receiving such materials after the expiration or termination of this Agreement does not extend the term of this Agreement or extend the Company’s obligations under this Agreement. 

Account Access And Security

Your account on this Website is for your personal use only and shall only be accessed by you. You agree not to allow anyone else to use your username and password without our express permission. Individual subscribers’ access can be terminated, and StudyCue, LLC reserves the right to discontinue your subscription at any time.  

You are solely responsible for any and all activities that occur under your username and password.  You should use caution when accessing your account from a public or shared computer or over an unsecured wireless network so that others are not able to view or record your password or other personal information.  If you share your computer with others, you may wish to consider disabling any automatic sign-in features that may be available through this Website, through your web-browser or otherwise.

You are solely responsible for maintaining the confidentiality of your password that you designate during the registration process.  You agree to notify the Company immediately of any unauthorized use of your account, by or through the improper use of your password, or any other breach of security.  You further agree to sign-out of your account at the end of each session to prevent unauthorized use of your account by others who may utilize the same computer.  The Company will not be liable for your failure to comply with this provision.

EDUCATIONAL NEWSLETTERS

The Company may send you newsletters regarding results of experiments, summaries of studies looking for research participants, 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 as well as results that are generated from the user-generated experiments found on our Website. These communications do not provide comprehensive medical information and resources; these communications 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 the Company. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained in these communications may be compiled from a variety of sources. The Company makes no warranty as to the content of these materials or the information contained therein

LINKS AND REFERENCES TO THIRD PARTIES’ PRODUCTS AND SERVICES

The Company does not make any recommendations for specific third party medical products and services or experiments and does not directly sell any medical products or services, nor does the Company sponsor, endorse, conduct or organize experiments.  The Company merely creates opportunities for users to better understand their health behaviors by having developed a platform to capture those behaviors in a scientific manner; through our platform, users can participate in experiments.  We will use our proprietary algorithms to match users to user-generated experiments, and ultimately, as we expand our services, to professional research studies.  Links to access third party websites, outside of this Website, are provided for users’ information and convenience only.  Unless otherwise indicated, the companies operating such third party websites are not affiliated with the Company.  Most links to third party websites will open in a new window or tab.  The Company does not have any control over any of the content of such third party websites accessible through this Website, including, notwithstanding the presence of either our name or our logo appearing in connection with their websites.  

We may also link to the U.S. Food and Drug Administration (“FDA”) website found at www.fda.gov.  Clinical trials and other information accessible through the FDA’s website is solely the responsible of third parties and not the responsibility of StudyCue, LLC.

This Website also contains descriptions of and references to health and medical products, services and firms and may screen, modify, refuse, or remove certain content or third-party products services from our Website, but is not responsible for and does not endorse any third-party content, product or services or the entities providing them, including, but not limited to, any particular experiment.

It is the users’ responsibility to evaluate the information, advice or other content available through the Website and any products, services or firms referenced here and the propriety of being included as a research subject in any study.  Our inclusion of links to third parties’ websites does not imply any association with these third party websites’ operation or any endorsement or approval of the services, merchandise, materials or content available from or through these third parties’ websites.  When accessing third party websites, a user is obligated to become familiar with the user agreement and privacy policies of such websites.  The FDA has its own privacy policy, accessible at www.fda.gov.

The Company has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any merchant, research institute, pharmaceutical company, accessible through the Website.  The Company may receive a fee for any purchases you make from third party merchants’ websites accessible through this Website.  Notwithstanding any remuneration we may receive, the Company is not responsible for your usage of, or failure to use, such third party merchants’ products or services.

The Company cannot confirm that any particular third party research institute, pharmaceutical company, is who that third party claims to be. The Company cannot confirm the truth or accuracy of any statements made by such third parties or control whether those third parties, which post information on this Website or whose information is accessible through this Website or otherwise, will act in accordance with those statements.  That is also true for information included on our Website that is obtained from the FDA.  Clinical trials and other information accessible through the FDA’s website (www.fda.gov) is solely the responsible of third parties and not the responsibility of StudyCue, LLC.

The Company will not get involved in any dispute between users of this Website and any third party providers whose products and services are accessible through this Website or whose experiments have been introduced to you through this Website.

The Company does not endorse any third-party service providers, other health care providers, products, services, experiments, opinions, or websites accessed through the Website.

YOUR USE OF ANY THIRD PARTY PRODUCTS AND SERVICES ACCESSIBLE THROUGH THIS WEBSITE IS SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. PLEASE CAREFULLY REVIEW THOSE PROVISIONS.

FEES AND REFUNDS

You may use portions of this Website without charge for as long as it is made available for your use without a fee.  The Website and Materials currently offered are being offered free of charge, but we may offer paid services in the future, including paid premium memberships or additional services. We will never ask you for your credit card or other payment information, unless you tell us you would like to use a paid service that we offer.

Canceling Your Membership

If you no longer want to be a member after joining, you may cancel your subscription by clicking on appropriate link under “My Account”. 

YOUR INFORMATION IN OUR SYSTEM

Please note that removal from our active database may not result in complete removal of your information from our systems, as we reserve the right to preserve your information for any lawful purpose.  We may retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce these Terms, take actions we deem necessary to protect the integrity of the Website, protect our users or take other actions as required or permitted by law.

Please also note that removal from our active database will not automatically result in removal of your information from any third party’s product or service that you may have accessed through this Website, including, but not limited to, any third party in whose study you have applied to participate in or in which you have participated.  To remove information from a third party’s database, you will need to contact such third party directly. 

Please refer to our Privacy Policy for further information.

Respecting Our Intellectual Property Rights

You agree to respect the Company’s intellectual property rights for the Website and the Materials. Please refer to the Legal Notices section of this Website for more information on our intellectual property rights. 

Rights You Give Us To Use Your Information And Ideas

All information and content you enter into this Website or otherwise provide to the Company, including, but not limited to, any data, experiment, ideas, feedback, suggestions and other creation  by you for this Website (collectively, “Your Submissions”) will continue to be yours; you will retain all intellectual property and other ownership rights in and to Your Submissions. However, you agree to provide to the Company (and its successors and assigns) a license for Your Submissions as set forth below. Please note, however, that you will not become a recognized contributor to our Website by making such submissions. Recognition of Your Submissions is solely at our discretion and except as required by our Privacy Policy, the Company has no obligation to keep Your Submissions confidential.

For all of Your Submissions, you grant the Company (and its successors and assigns) a non-exclusive, world-wide, irrevocable, fully paid, royalty free, perpetual license (with the right to sublicense through multiple tiers) in and to all rights you have in and to Your Submissions, including, but not limited to, the rights to use, copy, transmit, publish, promote, publicly display, publicly perform, adapt, modify, create compilations and derivative works of, and distribute Your Submissions directly or in connection with the Website and the Materials and any products and services offered by the Company or any of its licensees or sublicensees. Such license shall apply with respect to any form, media or technology now known or later developed.

You are free to license Your Submissions to anyone else in addition to us, provided that you do not provide such persons or entities an exclusive license for Your Submissions. This license will last forever, even after you have terminated your membership or other interaction with the Company. The Company does not have to pay you for the use of Your Submissions now or in the future.

In connection with the rights granted by you to the Company as set forth above, you represent and warrant to the Company that you own your Submissions or otherwise have the right to make this grant of this license and that the submission of Your Submissions and the grant of this license will not infringe or violate the rights of any third party, including, but not limited to, contract rights, the rights of privacy or publicity or copyrights or other intellectual property rights. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of the submission of Your Submissions to or through this Website.

IF YOU DO NOT WANT THE COMPANY TO BE ABLE TO USE YOUR SUBMISSIONS, DO NOT PROVIDE YOUR SUBMISSIONS TO THE COMPANY.

You may only post or upload Submissions that you have created yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any person. 

In order to protect your privacy, you must be careful in uploading Submissions to the Website.  You agree that you will not provide any Submission that contains personally identifiable information (like name, phone number, email address or website URL) of you or of anyone else, that is intended to be posted in a public forum.  Uploading any Submissions that consist of images or video of other people without their consent is strictly prohibited.  By uploading or otherwise providing your Submissions, you warrant that you have permission from all persons appearing in or referenced in the Submissions to do so. 

If you believe that Your Submissions in which you have a valid copyright interest are being misused, you may have certain rights provided by law. See the section entitled Digital Millennium Copyright Act found in our Legal Notices section of this Website.

For more information about our rights to use Your Submissions and our intellectual property rights in and to this Website and the Materials, please review our Legal Notices section.

PUBLIC FORUM POSTINGS

If you submit to or share any information on a public page or engage in any communications on a public page, you are solely responsible for your own information and communications, the consequences of those communications and information, and your reliance on any information or communications found on a public page.  StudyCue, LLC and its licensors are not responsible for the consequences of any communications or information posted on a public page. 

Notwithstanding the foregoing, in order to maximize your experience using the Website and Materials, to maintain functionality and for security purposes, StudyCue, LLC reserves the right, but has no obligation to do any or all of the following:

1. Record, copy or duplicate dialogue on public pages;

2.  Investigate an allegation that a submission or post does not conform to these Terms and determine in its sole discretion to remove or request the removal of the submission or post;

3. Remove any post which is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms or the Privacy Policy;

4. Terminate a user’s access to any or all Public pages and the Website upon any breach of these Terms or the Privacy Policy;

5. Monitor, edit, or disclose any communication or submission appearing on a public page; and

6. Edit or delete any communication or submission posted on the Website, regardless of whether such communication or submission violates these Terms or the Privacy Policy.

StudyCue, LLC and its licensors have no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of those activities mentioned.

StudyCue, LLC cannot guarantee the identity of any other members with whom a user may interact in the course of using the Website or who may have access to a member’s data you share in any public place.  Additionally, we cannot guarantee the authenticity of any data that members may provide about themselves.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. 

If you think you may have a medical emergency, call your doctor or 911 immediately.

Legal Notices And Privacy Policy

You agree to be bound by all the terms set forth in the Legal Notices and Privacy Policy  sections of this Website.

Prohibited Conduct

You agree that you will not use this Website or the Materials or any of our products and services, including, but not limited to, any report generated by the Website, to:

1.  Upload, post, email, otherwise transmit, or post links to any content, or select any user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;

2.  Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including, but not limited to, posting instructions to commit illegal acts;

3.  Upload, post, email, otherwise transmit, or post links to any content that exploits the images of minors, or that discloses personally identifying information belonging to minors; make any sexual request on behalf of a minor or make any sexual request of a minor; or harm minors in any other way;

4.  Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized mass mailing, advertising, promotional materials, “junk mail,” “spam,” “spim” “chain letters,” “pyramid schemes,” or any other form of solicitation through this Website, to the Company or to any of the Company’s patrons;

5.  Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other intellectual property or proprietary rights of the Company or of any other party, or that contributes to inducing or facilitating such infringement, including, but not limited to, software piracy;

6.  Upload, post, email, otherwise transmit, or post links to any content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of this Website or any of the Company’s and our patrons’ hardware or software;

7.  Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or are prohibited from so transmitting under contractual or fiduciary relationships;

8.  Remove any copyright, trademark or other intellectual property or proprietary rights contained on this Website or the Materials;

9.  Use automated means, including scripts, spiders, robots, crawlers, or the like to download data from any of the Company’s databases or any of our patrons’ databases or send comments or messages through the Website;

10.  Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including, but not limited to, emails, transmitted through this Website, to the Company or to any of the Company’s patrons;

11.  Collect or store personally identifying information about our patrons for commercial or unlawful purposes; or display any advertisement on your profile or accept payment or anything of value from a third person in exchange for you performing any commercial activity on or through the Website, including, but not limited to, posting blogs with a commercial purpose;

12.  Utilize this Website and the Materials if you are under 18 years of age or if you are otherwise for any reason ineligible to so utilize the Website and the Materials;

13.  Impersonate any person or entity, including, but not limited to, a representative of the Company; or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, the Company;

14.  Interfere with or disrupt the servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;

15.  Purchase or use any products or services, including, but not limited to, membership services, that you are prohibited from using, purchasing or possessing by any law applicable to you in the United States or in your jurisdiction, if you reside outside the United States or otherwise access the products and services outside of the United States;

16.  Act in an abusive, obscene, profane, sexist, threatening, harassing, racially offensive or other inappropriate manner with any of the Company’s representatives; or disobey any of the Company’s representatives or interfere with any action by any of our representatives to redress any violation of these Terms;

17.  “Frame” or “mirror” any part of the Website or Materials without the Company’s prior written authorization;

18.  Use any meta-tags or code or other devices containing any reference to the Company or the Website and Materials in order to direct any person to any other website or service for any purpose;

19.  Advertise, offer for sale, or sell any of the following items, through this Website, to the Company or to any of the Company’s patrons:

        a.  Any firearms, explosives or weapons;

2. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;

3. Any alcoholic beverages;

4. Any tobacco products for human consumption, including, but not limited to, cigarettes and cigars;

5. Any sexual act; or any escort services;

        f.   Any events, concerts, performances or parties, whether or not such activities are free of charge;

7. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or that are harmful to minors;

8. Any controlled substances or pharmaceuticals;

9. Any items that are counterfeit or stolen;

10. Any dangerous items;

11. Any goods or services that do not exist;

12. Any registered or unregistered securities;

13. Any sweepstakes or contest;

14. Any items that violate or infringe the Company's or any other party’s rights; and

15. Any items that you do not have the legal right to sell;

20.  Behave inappropriately on-line or off-line with any of our representatives or customers;

21.  Upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking; or hack into the Company’s databases or administration features or any of the Company’s or its members’ accounts or email accounts;

22.  Copy, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause others to do so, including, but not limited to, the content, interactive features, tools, or technology of the Website in any format without an express written license from StudyCue, LLC;

23.  Solicit passwords or personally identifying information for commercial, unlawful or otherwise improper purposes from other users; and

24.  Access the Website and Materials or purchase or use any of our products and services, including, but not limited to, a membership, after access to the Website, the Materials and any of our products and services has been terminated by us for violations of these Terms or any of our other policies.

25.  Actively encourage anyone to participate in any unhealthy or harmful lifestyle practice or experiment. 

Any posting of PHI by you in violation of the Company’s policies is purely at your own risk. 

Should you violate these Terms or any other of the Company’s policies, the Company reserves the right to pursue any and all legal and equitable remedies against you, including, but not limited to, discontinuing service to you and recovering through legal proceedings damages that you have caused the Company. The Company is not required to give you any notice prior to pursuing such remedies except as may be required by law.

If you are aware of any violations of these Terms by any of our users, please write to us at abuse@StudyCure.com put in the subject line “Report Violation of Company’s Policies.”  The Company will endeavor to investigate the alleged abuse issue; the Company will determine in its sole discretion how to respond to complaints against any member, except as may be required by law.

POTENTIALLY OFFENSIVE CONTENT

The Company may include content that you find offensive, including health-related content that concerns the process of conception, including, but not limited to, medical terms describing genital and sexual acts in connection with experiments or otherwise.  Some may find this information to be sexually explicit, but it is not the Company’s intention to appeal to a prurient interest, but rather to relay medically and scientifically relevant information pertaining to experiments or health and medicine.

Response Time

The Company makes reasonable efforts to respond to questions, requests and other inquiries from members. The Company shall have no liability for failure to respond within any specific period or otherwise, except as may be required by law.

DOCUMENT RETENTION

Upon cancellation of your membership with StudyCue, LLC or other termination of your relationship with the Company, the Company will retain any and all documents and

 records that you have stored, provided to, or uploaded with the Company for a

 period of six (6) months.  After the expiration of this six (6) month period, the Company may delete and/or destroy all such documents and records and part of the Company’s ordinary course of  business. StudyCue, LLC will keep medical information for aggregated data purposes or other purposes as described in the Terms and our Privacy Policy. 

NO RESPONSIBILITY FOR COMPUTER MALFUNCTIONS AND SERVICE INTERRUPTIONS

We use a proprietary system to capture and analyze data users provide.  StudyCue, LLC is not responsible for any computer software failures or malfunctions, including, but not limited to, miscalculations resulting from programming errors.  The Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. StudyCue, LLC cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.  

GOVERNING LAW

The law governing these Terms shall be that of the State of New York located in the United States, without regard to conflicts of law principles. 

When you utilize this Website and the Materials, you agree that, for all purposes connected with this Website and the Materials, you are interacting with a United States company. The Company does not intend to be bound by any jurisdiction’s laws outside of the United States. Laws in the United States may be more or less protective than the laws of your country, if you are located outside of the United States.  Please refer to the sections entitled For Personal Use Only, Export Controls, Complaints And Disputes, and Limitations On Liability for more information on the application of United States law to the Company’s activities, including, but not limited to, providing the Website and Materials to you. 

In addition, it is important to note that the medical information provided is based on the U.S. health-care system, unless otherwise noted.  The practices described on this Website may not be appropriate outside the United States.

Export Controls

This Website and the Materials are further subject to United States export controls. The Website and the Materials may not be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading information from or otherwise using the Website and Materials is at your sole risk.

Indemnification

By using the Website and the Materials, purchasing or using any products or services provided to you by the Company or submitting any of Your Submissions to the Company, you agree to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, successors and assigns and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives from and against any and all losses, claims, damages (indirect, consequential, exemplary, incidental, special or punitive), awards, expenses, attorneys’ fees, costs, penalties or injuries incurred by the Company and its parents, subsidiaries, affiliates, successors and assigns and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives arising from your use of the Website and the Materials; your membership; your participation in any experiments, whether or not you were matched by our computer-generated algorithms, that were posted on this Website; your use of the reports generated by our system based on the information you input; your purchase or use of any other products or services provided to you by the Company; your submission of Your Submissions to the Company; or a breach of these Terms, including, but not limited to, any of your representations and warranties.

Release

You on your own behalf and on behalf of your minor children whose information you may have entered into the Website hereby agree to release the Company and its parents, subsidiaries, affiliates, successors and assigns, and any and all of their members, shareholders, principals, directors, officers, managers, employees, independent contractors, licensors, licensees, sublicensees, agents and representatives from and against any and all losses, claims, damages (indirect, consequential, exemplary, incidental, special or punitive), awards, expenses, attorneys’ fees, costs, penalties or injuries of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any or all of them arising out of or in any way related to your use of the Website and Materials; your participation in any experiments, whether or not you were matched by our computer-generated algorithms, that were posted on this Website; your membership; your use of the reports generated by our system based on the data you input; or your purchase or use of any other products and services provided to you by the Company; or your submission of Your Submissions to the Company.

Technical Failures

The Company is not responsible for any (1) technical failures, malfunctions, traffic congestion on the Internet or other problems you may encounter in connection with your usage of the Website and the Materials, including, but not limited to, any email problems; any problems with telephone network or lines, any wireless system, any cable connection or other connection allowing access to the Website and the Materials; any problems with computer networks, servers or providers used to access the Website and the Materials; or any problems with computer equipment or software; (2) any damages resulting from any of the foregoing, including, but not limited to death, bodily injury, emotional distress or property damage to users or to computers used by such users as a result of accessing the Website and the Materials.

Limitation Of Actions

YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU OR YOUR MINOR CHILDREN MAY HAVE ARISING OUT OF, OR RELATING TO, YOUR USE OF THE WEBSITE AND THE MATERIALS OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR PARTICIPATION IN ANY EXPERIMENTS, WHETHER OR NOT YOU WERE MATCHED BY OUR COMPUTER-GENERATED ALGORITHMS, THAT WERE POSTED ON THIS WEBSITE; ANY REPORTS GENERATED BY THE WEBSITE BASED ON YOUR PERSONAL HEALTH OR MEDICAL INFORMATION OR YOUR MEMBERSHIP ENABLING YOU TO PROVIDE YOUR PERSONAL HEALTH OR MEDICAL INFORMATION ON THIS WEBSITE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.

No Warranties

STUDYCUE, LLC PROVIDES THE WEBSITE AND THE MATERIALS ON A STRICTLY “AS IS” BASIS.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (IN CONNECTION WITH THE WEBSITE AND THE MATERIALS, IN ANY COMMUNICATION WITH THE COMPANY OR ITS REPRESENTATIVES , ANY WEBSITE WHICH MAY BE ACCESSED BY A LINK FROM THIS WEBSITE AND ANY OF THE PRODUCTS OR SERVICES OFFERED BY THE COMPANY (INCLUDING, BUT NOT LIMITED TO, YOUR PARTICIPATION IN ANY EXPERIMENTS, WHETHER OR NOT YOU WERE MATCHED BY OUR COMPUTER-GENERATED ALGORITHMS, THAT WERE POSTED ON THIS WEBSITE; THE REPORTS GENERATED BY THE WEBSITE THAT INCLUDE COMMENTARY ON ANY MEDICAL DATA YOU HAVE INPUT INTO THE SYSTEM), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  TO THE EXTENT ANY STATUTORILY MANDATED WARRANTIES MAY BE DISCLAIMED, STUDYCUE, LLC INTENDS HEREBY TO DISCLAIM ANY AND ALL OF THEM.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF USE OR SUBSCRIPTION, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

USERS acknowledge that any reliance on representations and warranties provided by any third party shall be at their own risk.

THE COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH THIS WEBSITE.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE AND MATERIALS AND THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO GUARANTEES OF ANY SPECIFIC RESULTS. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION OR WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY, AVAILABILITY, ACCURACY, TIMELINESS AND COMPLETENESS.

THE WEBSITE AND MATERIALS ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT STUDYCUE, LLC AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING MEDICAL OR OTHER HEALTH SERVICES. IF HEALTH OR MEDICAL ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT MEDICAL OR OTHER HEALTH CARE PROFESSIONAL SHOULD BE SOUGHT.  STUDYCUE, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE AND MATERIALS WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. 

LIMITATIONS ON LIABILITY

THE COMPANY’S LIABILITY IS LIMITED IN RESPECT OF YOUR USE OF THIS WEBSITE AND THE MATERIALS AND IN RESPECT OF ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR PARTICIAPTION IN ANY EXPERIMENTS, WHETHER OR NOT YOU WERE MATCHED BY OUR COMPUTER-GENERATED ALGORITHMS, THAT WERE POSTED ON THIS WEBSITE; ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL HEALTH OR MEDICAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO PROVIDE YOUR PERSONAL HEALTH OR MEDICAL INFORMATION ON THIS WEBSITE. UNLESS THE JURISDICTION IN WHICH YOU RESIDE LIMITS THE COMPANY’S ABILITY TO LIMIT ITS LIABILITY, THE COMPANY WILL NOT BE LIABLE TO YOU, YOUR HEIRS, SUCCESSORS AND ASSIGNS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, FAILURE OF INVESTMENTS, REDUCTION IN ASSETS, LOST PROFITS OR LOSS OF BUSINESS, ARISING FROM YOUR USE OF THE WEBSITE OR THE MATERIALS OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL HEALTH OR MEDICAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO UPLOAD YOUR PERSONAL HEALTH OR MEDICAL INFORMATION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USE OF, AND RELIANCE ON, ANY THIRD PARTY CONTENT, PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. STUDYCUE, LLC MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY CONTENT, PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY EXPERIMENT.

YOU ACKNOWLEDGE THAT THE COMPANY HAS NO INTENTION TO BE BOUND BY LAWS OUTSIDE OF THE UNITED STATES AND AGREE THAT NO LAW OF ANY JURISDICTION OUTSIDE OF THE UNITED STATES SHALL HAVE ANY APPLICATION TO YOUR USE OF THE WEBSITE AND THE MATERIALS OR YOUR USE OF ANY OF OUR PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, YOUR PARTICIAPTION IN ANY EXPERIMENTS, WHETHER OR NOT YOU WERE MATCHED BY OUR COMPUTER-GENERATED ALGORITHMS, THAT WERE POSTED ON THIS WEBSITE ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL HEALTH OR MEDICAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO PROVIDE YOUR PERSONAL HEALTH OR MEDICAL INFORMATION TO THIS WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR USE OF THE WEBSITE AND THE MATERIALS OR ANY OF THE COMPANY’S PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR PARTICIAPTION IN ANY EXPERIMENTS, WHETHER OR NOT YOU WERE MATCHED BY OUR COMPUTER-GENERATED ALGORITHMS, THAT WERE POSTED ON THIS WEBSITE; ANY REPORT GENERATED BY THIS WEBSITE BASED ON YOUR PERSONAL HEALTH OR MEDICAL INFORMATION OR YOUR MEMBERSHIP ENABLING TO PROVIDE YOUR PERSONAL HEALTH OR MEDICAL INFORMATION TO THIS WEBSITE.

THESE LIMITATIONS WILL ALSO APPLY TO ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, ANY OF THE USER’S HEIRS CLAIMING RIGHTS DERIVED FROM THE USER’S RIGHTS. 

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM  OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Complaints And Disputes

To resolve a complaint regarding your usage of the Website and Materials, you should first contact our Customer Service Department. You may write to us at complaints@StudyCure.com and put in the subject line “Complaint”, except that matters involving abuses by or members should be reported to abuse@StudyCure.com and put in the subject line “Report Violation of Company’s Policies.” For more information above reporting abuse, see the section above entitled Reporting Abuse.

For any complaints between you and the Company that cannot be resolved through an informal complaint resolution process or other disputes that you may have with the Company, you and the Company agree to submit to the exclusive jurisdiction of the courts of the State of New York, New York County and/or the U.S. District Court for Southern District of New York for any disputes arising hereunder, except as otherwise set forth below. You and the Company hereby waive any objection they may now or hereafter have as to the venue of any such suit, action or proceeding brought in such court or that such court is an inconvenient forum.

Unless the Company consents, no claim may be brought as class action, combined or consolidated with any other proceeding, nor may any claim be pursued in a representative capacity or on behalf of a class.

Headings

The headings in these Terms are inserted for convenience only and shall not be used to define, limit or describe the scope of these Terms or any of the obligations set forth in them. The singular shall include the plural, and vice versa, as the context requires.

No Waiver

The failure of the Company to enforce at any time any of the provisions of these Terms, or to require at any time performance by you or any other patron of any of its provisions, shall in no way be construed to be a waiver of any such provision or the right of the Company to enforce each and every provision in accordance with the Terms. The waiver by the Company of any of the provisions of the Terms shall not operate or be construed as a waiver of any subsequent breach. No provision of these Terms may be waived by the Company unless in writing.

Severability

The invalidity of all or any part of any provision of these Terms shall not render invalid the remainder of such provision or any other provision of these Terms. If any provision of these Terms is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable.

Surviving Provisions After Termination or Cancellation

Any provisions set forth in these Terms, which, by their very nature extend beyond the termination or cancellation of your membership, removal from our mailing list or the conclusion of your use of the Website and Materials, shall survive such termination, cancellation or conclusion. These include, but are not limited to, your grant of rights to the Company to use Your Submissions, provisions concerning indemnification, disclaimers of warranties and limitations on liability.

Assigns

You may not assign

 your rights or delegate your duties under these Terms to anyone else. The Company may assign its rights or delegate its duties to any person or entity at any time. These Terms shall inure to the benefit of, and be binding upon, yours and the Company’s successors and permitted assigns.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there are no third party beneficiaries to this Agreement between you and the Company, including, but not limited to, any third parties that are conducting research in which you may participate.

OBTAINING A COPY OF THESE TERMS

By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.  However, you have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to terms@StudyCure.com and put in the subject line “Request Copy of Terms” or send a letter and self-addressed stamped envelope to: StudyCue, LLC, 175 Varick Street New York, NY 10013.

Future Changes To These Terms

The Company reserves the right to update and revise these Terms at any time. You can determine if these Terms have been revised by referring to the “Last Updated” date at the top of this page, or if you write to us at terms@StudyCure.com and put in the subject line “Changes To Terms”, the Company will inform you by email each time the Terms are updated. Your use of this Website and the Materials constitutes your acceptance of these Terms as amended or revised by the Company. The Company recommends that you review the Terms regularly to ensure that you are aware of the terms and conditions of your usage of this Website and the Materials and all products and services available from the Company.

Void Where Prohibited

Your use of the Website and Materials and any of the Company’s products and services, including, but not limited to, your membership, is void where prohibited.

Entire Agreement

These Terms, accepted upon your use of the Website and the Materials or otherwise upon your use of any of the Company’s products and services contain the entire agreement between you and the Company regarding your use of the Website and the Materials and the use of products and services from the Company, including, but not limited to, your membership

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVSIONS CONTAINED ABOVE