Terms of Use

 

Last Updated: January 2019

 

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING the Sanguine Biosciences website or mobile application. Sanguine BioSciences (“Sanguine” “we,” or “us”) has developed this website and mobile app (collectively our “Site”) to facilitate research projects and to help connect patients and researchers seamlessly and conveniently for research studies to advance medical research (our “Services”). The Terms of Use are an agreement between you and Sanguine.  All users of the Site are subject to the following terms and conditions under applicable law. If you do not agree to these terms and conditions, please do not use the Site.

The following Terms of Use govern use of the Site and the Privacy Policy describes how information collected on the Site will be used. These policies are subject to change. Please check this page for updates.  We will deem your continued use of our Site to constitute your acceptance of and agreement to such modification.

 

Eligibility and Authority

The Site are available only to users who can form legally binding contracts under applicable law.  By using the Site you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

 

Medical Disclaimer

The Site does not provide medical advice. The information contained in the Site is not a substitute for medical advice or treatment. Please consult with your doctor or health care professional for medical advice or treatment or with any questions or concerns you may have regarding your individual needs or medical conditions or any questions about your rehabilitation.  Reliance on any information appearing in the Site is solely at your own risk. If you have a life-threatening emergency, call 911 or go the hospital immediately.

Sanguine does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by treating providers, each of whom is responsible for his or her services and compliance with requirements applicable to his or her profession and license. Any information or advice you receive from a health care provider comes from that professional, and not from Sanguine.  Sanguine will not be liable for any professional advice you obtain from a health care provider when using the Site or any research study in which you might participate.  Sanguine does not make any representations or warranties about the training or skill of any health care provider who utilizes the Site or who arranges for, develops, or implements a research study.

 

Prohibited Uses of the Site

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation to: (1) accessing data not intended for you or logging onto a server or an account you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (3) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Sanguine will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted through the Site.

 

Privacy Policy

The Privacy Policy is incorporated and made part of this Agreement. To view the most current version of the Privacy Policy, please visit the Privacy Policy

 

Intellectual Property Rights

Sanguine and its licensors own all proprietary rights to the service and technology related thereto, and grants you a personal, revocable, non-assignable, and non-exclusive license to use the Site in accordance with these Terms of Use. Except as expressly set forth herein, you have no right, title or license to any of intellectual property of Sanguine or its licensors.

Permission is granted to electronically copy and print hard copy portions of Site to utilize for your personal use, including for consultation with your health care providers.  Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of the Site is strictly prohibited, unless authorized by Sanguine. You further agree not to change or delete any proprietary notices from materials associated with the Site.

All trademarks, service marks, and trade names of Sanguine, affiliates and vendors used in the Site are owned and copyrighted by Sanguine or its affiliates and vendors are protected by U.S. and international copyright laws.

Any use of the Site or its content that is not expressly permitted by these Terms of Use is a breach of this Agreement and may violate copyright, trademark, and other laws. All rights not expressly granted to you in this Agreement are reserved by us and our licensors.

 

Warranty Disclaimer

The Site and the materials and products in the Site are provided “as is” and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sanguine disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sanguine does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Sanguine does not make any warrantees or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations apply unless prohibited by law.

 

Limitation of Liability

IN NO EVENT WILL SANGUINE AND ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Release for Events Beyond Our Control

You absolve and release Sanguine from any claim of harm resulting from any cause(s) over which Sanguine does not have control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

Term; Termination

These terms and conditions are applicable to you upon your accessing of the Site. These terms and conditions, or any part of them, may be terminated by Sanguine without notice at any time, for any reason. The provisions relating to Medical Disclaimer, Intellectual Property, Limitation of Liability, and Indemnification shall survive any termination.

 

Use of Site

Harassment in any manner or form on the Site is strictly forbidden. Impersonation of others, including a Sanguine or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not post or upload anything that contains a software virus or other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including any denial of service attack.  You also may not exceed your authorized access, may not use data mining, robots, screen scraping, or similar data gathering and extraction tools, and may not collect or store personal data about anyone else.

 

Indemnification

You agree to indemnify, defend, and hold harmless Sanguine, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) and its program partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

 

Enforceability

Except as set forth otherwise herein, Sanguine controls and operates the Site from the United States of America and makes no representation that the Site made available to you is appropriate or available for use outside of the United States of America. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

You agree that these Terms of Use, the Privacy Statement, and any legal action or proceeding relating to the Site shall be governed by the state of Delaware without reference to its choice of law rules.

 

Contact Information

All notices to you relating to this Agreement shall be posted on the Site. You may contact us any time regarding these Terms of Use by email to [email protected].