Who We Are and What We Do

We are CorEvitas, LLC (“CorEvitas”, “we”, “us”, “our”). We provide this website (“the Site”) for your general understanding and use.

CorEvitas, LLC conducts and administers studies and surveys. If you are reading these Terms of Use, you are on one of our websites. References in these Terms of Use to “the Site” shall include a reference to any and all CorEvitas-operated sites. When you use the Site, you do so subject to these Terms of Use, which govern the relationship between you and CorEvitas.

We may provide information, and links to help you understand your health and your options. However, please understand that we are not doctors, we are not licensed to practice medicine and we do not offer medical information services, and we do not offer advice or endorsements.

These Terms of Use include provisions in which you agree any dispute with CorEvitas will be resolved by mandatory and binding arbitration, as well as limited procedures which enable you to opt out of those provisions. Please read these Terms of Use carefully before you use the Site and our services.

To contact CorEvitas, please email RSV@corevitas.com or call the Study Team toll-free at 1-800-616-3791. Within the study website, you may also use the Contact Us or direct messaging features.

Acceptance of Terms

By using the Site, and submitting information through it, you agree and acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any amendments or supplements to them, and that you consent to processing of your personal data in accordance with our Privacy Policy. Please read both these Terms of Use and our Privacy Policy carefully. The Terms of Use and Privacy Policy are collectively referred as the “Terms”. You also represent that you are legally able to accept these Terms. If you do not agree to these Terms of Use, lack legal capacity or have not attained the age of majority, you must not use the Site. As long as you agree to and comply with these Terms, CorEvitas grants you a personal license to use this Site on the terms set out below. Your use of the Site is subject to any disclaimers and caveats that may appear on the Site from time to time. CorEvitas, its officers, employees, consultants, contractors and/or agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or other material made available on the Site. While we make every effort to keep the information on the Site accurate, complete, and up to date, we do not guarantee, and are not responsible for, any damage or loss, direct or indirect, related to or arising out of the information on the Site. Accessing the Site from a location where the Site or its content may be illegal is prohibited.

What We Don’t Do

The Site does not provide medical advice, information, diagnosis, treatment, or prescriptions. The information we provide may help you make better-informed health decisions, but we are not your doctor. You should seek medical advice and treatment from a professional healthcare provider. If you think you may have a medical emergency, you should call your doctor or an emergency number immediately. Nothing on the Site should be construed as an endorsement of any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned or linked on the Site. Any health-related content on the Site is for informational purposes only. You assume full responsibility for the use of any information obtained through the Site and agree that we are not responsible or liable for any claim, loss, or damage, direct or indirect, arising from the use of the Site by you or anyone else. If you or your doctor rely on any information provided by the Sites, you or they do so at your or their own risk.

Changes to these Terms of Use

CorEvitas reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. CorEvitas may, without notice, post any revision to these Terms of Use on this Site and the revision shall be effective immediately upon such posting. We may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.

Restrictions

Age and Legal Capacity: You must be 18 years of age or older to use the Site. By using the Site and agreeing to the Terms, you represent and warrant to us that you are at least eighteen years of age and of full legal capacity. If you send text messages to, or receive text messages from, CorEvitas, you represent that you are the owner or authorized user of the device you use for texting, and that you are authorized to approve any applicable charges. You may not provide any required consent on behalf of someone else unless this is expressly indicated by CorEvitas in writing.

Registration and Accounts: Some of our Sites require creation of a User Account. You may register for an account on our Site by completing and submitting the registration form and clicking on the verification link in the email or SMS that we may send to you. You must not allow any other person to use your account to access the Site. You must notify us in writing immediately if you become aware of any unauthorized use of your account. You must not use any other person's account to access the website.

Passwords: You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. You must not create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party, or which are vulgar, obscene, discriminatory or in any other way inappropriate.

No Commercial Use: The content on the Site is for your personal, individual information only, and not for commercial or external use. Users may not solicit custom or promote their products or services on the Site without CorEvitas’ prior authorization. To apply to partner with CorEvitas, email us at RSV@CorEvitas.com.

What You Provide to Us When You Use the Site

You may use the Site in different ways, sometimes at the same time.

Study Participant Content: “Study Participant Content” is the information you provide to us when you become a participant in one of our studies. This information is confidential between you and us. Please read our Privacy Policy to understand how we treat your personal data. You are responsible for what you choose to share with us, so be careful about what information you submit to us. You must respect the rights of third parties to their image, to their confidential information and to their intellectual property. You must answer the questions we ask truthfully and fully and you warrant the accuracy of any information you provide to us.

User Content: “User Content” includes anything that users (including you) share publicly on the Site, such as comments and photos. You understand that your User Content may not be confidential and may be viewed and shared by others. You also understand that CorEvitas may not be able to remove or delete your User Content once it is made public on the Site. You are responsible for any information you post, so you must be truthful and think carefully about what you share.

Permission for CorEvitas to Use What you Submit to Us: You agree that CorEvitas may use your Study Participant Content in connection with conducting our studies and your User Content in connection with operating, providing, and improving our services, including this Site. In particular, you grant CorEvitas a worldwide, royalty-free, transferable, sub-licensable, nonexclusive, irrevocable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating, providing, and improving our services, including this Site, and for marketing or commercial purposes.

Modifying Your User Content: If you want to remove some of your User Content from the Site, please email us at RSV@CorEvitas.com. We will consider your request on an individual basis and we may (but are not obliged to) take steps to delete your User Content. Even if we take steps to delete specific User Content at your request, some of your User Content may remain in archived/backup copies for our records or as otherwise required by law. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

The above does not apply when you wish to erase, rectify or modify your Personal Data/ Information. In that case, you may exercise your legal rights under applicable data protection legislation; please refer to our Privacy Policy for additional information.

What We Own: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such items (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to CorEvitas, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Permission for You to Use What We Provide to You: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to view, copy, display, and print the Content made available on the Site solely in connection with your permitted use of the Site and solely for your personal and non-commercial purpose. You may also use information purposely made available by CorEvitas for downloading from the Sites, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information. If you violate any of these Terms, your permission to use the Content automatically terminates without notice and you must immediately destroy any copies you have made of any portion of the Content.

Protecting our Rights: Except as expressly provided in these Terms of Use, no part of the Site, including any Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without CorEvitas’ express prior written consent. You agree not to infringe CorEvitas’ copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights. You may not use, display, mirror, or frame CorEvitas, or any of our trademarks, including the CorEvitas logo, or other proprietary information, without our prior written consent. You may not access, search, download, or copy the Content through automated means (including spiders, robots, crawlers, data mining tools or the like), other than the software and/or search agents provided by us or by generally available third-party web browsers.

Policies

Privacy Policy: Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. The Privacy Policy is expressly incorporated into these Terms by reference. By using the Site, you agree to allow your personal data to be processed in accordance with the terms of the Privacy Policy. In the event of any inconsistency between the Privacy Policy and these Terms, the terms of the Privacy Policy shall prevail.

Indemnity: By using the Site, you agree to defend, indemnify, and hold harmless CorEvitas, its officers, directors, Advisory Board members, employees, consultants, contractors and agents, from and against any and all losses, liabilities, claims, damages, and costs (including reasonable legal and professional fees) that arise from your access to or use of the Site or its Content, your Study Participant Content, your User Content, or your breach of these Terms of Use. CorEvitas reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any action or claim that is covered by this indemnity provision.

Compliance with Intellectual Property Laws: When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to all applicable laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you use, provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

Copyright Policy: Please refer to our Copyright Policy for information on how we deal with complaints concerning Content that may infringe copyright. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who infringe the copyrights or other intellectual property rights of others.

Prohibited Uses: CorEvitas imposes certain restrictions on your use of the Site and its related services (“Prohibited Uses”). You are prohibited from engaging in any criminal or tortious activity in connection with your use of the Site and from violating our Rules regarding Content. You must not behave in a manner which is vulgar, obscene, offensive, defamatory, discriminatory, fraudulent, or otherwise in breach of applicable laws when using our Site. We may in our sole discretion suspend your access to this or any other Site controlled by us without notice.

You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation: (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering with or attempting to interfere with service to any user, host, or network, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or submitting a virus to the Site; (iv) using the Sites to send unsolicited e-mail, including without limitation, promotions or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any email to CorEvitas; and (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Sites. Any violation of CorEvitas’ system or network security may subject you to civil and/or criminal liability. CorEvitas reserves the right to define and add activities to the list of Prohibited Uses at its sole discretion.

Community Rules

Rules regarding Study Participant Content and User Content:
These Rules are a non-exhaustive list of Prohibited Uses relating to Study Participant Content and User Content (collectively “Your Content”).

Your Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your Content, and the use of your Content by us in accordance with these terms and conditions, must not:


(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe or misappropriate any copyright, moral right, database right, trade mark right, design right, right in passing off, patent, trade secret, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) depict violence in an explicit, graphic or gratuitous manner;
(l) be pornographic, lewd, suggestive or sexually explicit;
(m) be untrue, false, inaccurate or misleading;
(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o) constitute spam;
(p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, antisocial, menacing, hateful, discriminatory or inflammatory; or
(q) cause annoyance, inconvenience or needless anxiety to any person.

Hyperlinks: The Site may contain hyperlinks to third-party websites. When you access these third-party websites through the Site, you do so at your own risk. CorEvitas in no way investigates, monitors, or checks the accuracy or completeness of such third-party websites, and CorEvitas is not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside on such websites. CorEvitas is not responsible for the processing of personal data by third-party websites and you should refer to their Privacy Policy for details of how they treat your data. Third-party websites may, from time to time, publish hyperlinks that redirect users to this Site. Except as expressly authorized, the link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory, or other malicious, and may not appear or be positioned in such a way as to damage or dilute the goodwill associated with CorEvitas’ good name and trademarks. Further, the appearance, position and other aspects of the link must not create the false impression that an entity is associated with, sponsored by or endorsed by CorEvitas.

Liability and Disclaimers

Disclaimer of Warranties: THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND ALL WARRANTIES ARE DISCLAIMED. To the fullest extent permissible by law, CorEvitas disclaims all warranties, express or implied, of any kind, regarding the Sites. The warranties disclaimed include, but are not limited to, fitness for a particular purpose, merchantability, title, non-infringement, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus, as well as any warranties arising out of course-of-dealing, usage, or trade. You agree that CorEvitas will not be liable for any damages or losses, including direct, indirect and consequential loss, special, incidental or punitive damages and/or lost profits, in connection with your use of the Site. CorEvitas does not guarantee that any products available through the Site will be effective or meet your requirements. You assume the risk that you may be unable to use the Site, and that use of the Site may be interrupted. CorEvitas makes no representations or warranties about the accuracy, reliability, completeness, or currency of the information provided on the Site, including text, graphics, links, or communications provided on or through the use of the Sites. You use the Site at your own risk.

We make no warranties about our websites or services, or the associated content.

Enforcement and Termination: CorEvitas has the right (but not obligation), in its sole discretion, to: pre-screen and approve User Content before it appears on the Site, and monitor use of the Site and User Content (in each case) to make sure they comply with these Terms and with legal requirements; reject or remove any User Content, including Content that we consider to be objectionable or that violates these Terms of Use; investigate complaints or violations of these Terms or conduct that affects CorEvitas; and suspend or terminate any user’s account and/or access to the Site for any reason at any time, without notice. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to take any other action we think is necessary to protect the safety of CorEvitas, users of the Site and the public. Upon any termination, discontinuation, or cancellation of the Site or your use of the Sites, all provisions of these Terms which by their nature should survive do, including as to content ownership, disclaimers, indemnity, limitations of liability, and governing law and jurisdiction.

We may remove you and/or your User Content from the Sites if you violate these Terms or for any other reason if we think it’s necessary.

Governing Law and Jurisdiction: These Terms, and all disputes arising out of or relating to these Terms or the use of the Sites or the Content, are subject to the laws of the State of California without regard to its conflict of laws provisions. The state and federal courts located in the Southern District of California shall have exclusive jurisdiction over any lawsuits filed arising from these Terms or the use of the Sites or the Content, to the extent the claims in any such lawsuit are not subject to arbitration pursuant to these Terms, as discussed below.

Arbitration: CorEvitas agrees to binding arbitration should it have any dispute with you. Likewise, you agree to binding arbitration should you have any dispute with CorEvitas. A dispute includes any and all claims that relate in any way to, without limitation, your use of the Site, the Content, or the use or attempted use of any products or services available through the Site or any third party through the Site. This agreement to arbitrate, and the terms that discuss arbitration, are referred to as the “arbitration” provisions. BY AGREEING TO ARBITRATE, YOU WAIVE THE RIGHT TO HAVE YOUR CLAIMS AGAINST COREVITAS DECIDED BY A COURT OR JURY. The arbitration provisions set forth the terms and conditions of our agreement to binding arbitration. These provisions are governed by and enforceable under the Federal Arbitration Act (the “FAA”) 9 U.S.C. § 1-16, as amended.

Mandatory Pre-Dispute Procedures: You agree that, before initiating any arbitration against CorEvitas, you will first give CorEvitas an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us with sufficient detail to allow us to try to address the problem or dispute. You may send the written description by U.S. mail to 500 Totten Pond Road, Floor 5, Waltham, MA, 02451. You agree to negotiate with CorEvitas in good faith regarding your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after CorEvitas’ receipt of your written dispute, you may proceed to arbitration.

Time Limitations: You and CorEvitas agree to commence any arbitration proceedings within one (1) year after the dispute arises (including the mandatory pre-arbitration procedure outlined above) and that any proceeding regarding any dispute commenced after one (1) year shall be barred. This provision operates as a statute of limitations with respect to any dispute arising from or in connection with the use of CorEvitas.

Arbitration Details and Rules: The arbitration will be conducted in the state of Massachusetts. It may be held by telephone or through written submissions if both you and CorEvitas agree. The arbitrator shall have the discretion to select another venue if the arbitrator finds that the state of Massachusetts will be unreasonably burdensome to you, even taking into account the option of holding the arbitration by telephone or written submissions. The dispute shall be submitted to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the dispute. The arbitrator shall be chosen from JAMS, and the JAMS commercial arbitration rules then in effect shall apply. They can be obtained by calling JAMS. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or CorEvitas.

CorEvitas shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Arbitration Award: The arbitrator may award any form of individual relief, including injunctions and punitive damages, as long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing in these Terms shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. As an exception to binding arbitration, you and CorEvitas both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. CorEvitas reserves the right to amend this arbitration provision at any time. Your continued use of CorEvitas is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, CorEvitas will provide you with notice and an opportunity to opt-out. Your continued use of CorEvitas without opting out is affirmation of your consent to such material changes. If any portion of these arbitration provisions is deemed unenforceable, the remaining portions of the arbitration provision shall remain in full force and effect.

Opt-Out: YOU HAVE THE RIGHT TO OPT-OUT OF THESE ARBITRATION PROVISIONS WITHIN THIRTY (30) DAYS FROM THE DATE OF FIRST USE OR ATTEMPTED USE OF THE SITES BY WRITING TO 500 Totten Pond Road, Floor 5, Waltham, MA, 02451. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING YOUR USE OR ATTEMPTED USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST USED OR ATTEMPTED TO USE THE SITES. UNTIMELY OPT-OUTS WILL NOT BE VALID.

No Class Actions: To the fullest extent allowed by law, you agree not to act as a representative for any class of individuals or participate as a member in any class or collective action filed in connection with any claims that are asserted against CorEvitas. If this class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then the entire arbitration provision shall be rendered null and void and shall not apply.

Miscellaneous Terms: These Terms are the entire and exclusive understanding and agreement between CorEvitas, LLC and you regarding CorEvitas, the Site and the Content. Other than as specifically indicated, if a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect. You may not assign these Terms without our prior written consent, and any attempt to do so will be null. We may assign these Terms without restriction.

Any notices or other communications provided by us under these Terms, including those regarding changes to these Terms, will be given: (i) by email; or (ii) by posting to the Site. Notices given by email will be deemed to be received on the date they are sent. We don’t waive any right under these Terms unless we do so in writing and our duly authorized representative signs the waiver. The exercise of any remedy under these Terms of Use doesn’t affect our right to use other remedies under these Terms of Use or otherwise.

These Terms of Use must be read in conjunction with the CorEvitas website Terms of Use, which can be found here: https://www.corevitas.com/terms/

Version Date: 26 April 2024