The following terms constitute an agreement between You and Optimed Research, LLC (“Optimed”), the operator of optimed.us.com, optimedresearch.com, optimedsiteservices.com, app.optimedsiteservices.com, Optimed Site Manager Application (OSM App) and any of our other mobile or web services, applications, application programming interfaces, or platforms that we make generally available to our customers (the “Site”). This agreement governs Your use of the Site, both as a casual visitor and a registered member as described below.

By accessing or using the Site, You agree to be bound by the terms of this Agreement. To the extent You register on the Site as a member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to members shall apply to You too. You ” and “ Your ” means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) that has accepted this Agreement under its own member account and that is using the Optimed Site or otherwise exercising rights under this Agreement. Your Membership means any one or more software programs developed by Optimed may have details specific to You that (a) meets and complies with all of this Agreement, and (b) and includes any additional permitted functionality, content or services provided by You from within an Application. For the sake of clarity, You may authorize contractors to work on Your behalf, but any such work must be owned by You, submitted under Your own member account, and distributed as Work only as expressly permitted herein. You are responsible to Optimed for Your contractors’ activities under Your account (e.g., adding them to Your team to perform work for You) and their compliance with this Agreement. Any actions undertaken by Your contractors arising out of this Agreement shall be deemed to have been taken by You, and You (in addition to Your contractors) shall be responsible to Optimed for all such actions.

Membership Eligibility

To become a member and access the area on this Site reserved for members (the “Member Area”), Optimed requires that You are either a (a) diagnosed patient of the particular community You are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to join such community, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants (e) developer using Optimed Application services or (f) guest as authorized by a Optimed member or employee.

Children under the age of 13 are prohibited from registering as members. By registering as a member You represent that You are age 13 or older.

This Site Does Not Provide Medical Advice

All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding Your health. Never disregard professional medical advice or delay in seeking it because of something You have read on this Site.

If You think You may have a medical emergency, call Your doctor or 911 immediately. Optimed does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Optimed, by persons appearing on the Site at the invitation of Optimed, or by other members is solely at Your own risk.

Acceptable and Lawful Use of Site by Members

Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

No Interference with Operation of Site

You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of Your membership account to take such actions.

Privacy

You agree that You have read, understood and accept Optimed's Privacy Policy. This policy explains Optimed's collection of personal and non-personal information from You when using the Site and its use of and sharing of such personal and non-personal information.

Digital Millennium Copyright Act

If You are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon Your copyright, You may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) Your address, telephone number, and email address; (v) a written statement that You have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Optimed’s designated Copyright Agent for notice of claims of infringement is:
support@optimedsiteservices.com
Subject: Notice of claims of infringement

Other feedback, comments, requests for technical support, and other communications may also be directed to Optimed at support@optimedsiteservices.com. You acknowledge that if You fail to comply with all of the notice requirements of the DMCA, Your notice may not be valid.

Member Password and Login Identity

You are responsible for maintaining the confidentiality of Your member password and login, and are fully responsible for all activities that occur under Your password or account with or without Your knowledge. If You knowingly provide Your login and password information to another person, Your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Optimed of any unauthorized use of Your membership password or login or any other breach of security.

Member Access Via Hashed Links

Some Member services are not accessed via password login, but rather custom encrypted hashed links specific to a member’s account. These are typically emailed to ‘Subject’ members to provide access to services without the need to memorize or keep an Optimed specific password. As with standard login members, ‘Subject’ members are expected to keep their custom login links private and confidential, are fully responsible for all activities that occur under your account with or without your knowledge and you agree to immediately notify Optimed of any unauthorized use of Your membership account or any other breach of security.

Platform Use License

Optimed hereby grants You a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the Internet for Your own internal purposes, subject to the Terms of Service. You may not permit membership areas of the Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant You any right to transfer or assign rights to access or use the Site. All rights not expressly granted to You are reserved by Optimed and its licensors. You further acknowledge and agree that, as between the parties, Optimed owns all right, title, and interest in and to Optimed, including all intellectual property rights therein.

Independent Development

Nothing in this Agreement will impair Optimed's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Licensed Applications, Covered Products, or any other products or technologies that You may develop, produce, market, or distribute. Regardless of possible competitive products or technologies You develop, Optimed will continue to provide the same service and pricing it provides to other Members.

Changes to the Service; Deprecation Policy

Optimed will announce if it intends to remove major features from the Site or discontinue a Study from the Service.
Optimed will use commercially reasonable efforts to continue to operate those features without these changes until six months after the announcement, unless Optimed determines in its reasonable good faith judgment that:
it is required by law or third-party relationship (including changes in law or relationships) to make those changes earlier; or
doing so could create a security risk or substantial economic or material technical burden.

Links to Other Websites

Optimed may contain links to other websites that are not under the control of Optimed. The inclusion of any link does not imply endorsement by Optimed of such site and Optimed is not responsible for the content of such linked sites.

Membership Termination

You agree that Optimed may, with or without cause, immediately terminate Your Optimed membership or limit or terminate Your access to the Member Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Optimed of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Optimed has no obligation to maintain, store, or transfer to You, unless otherwise agreed upon, information or data that You have posted on or uploaded to the Site.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage You to review this Agreement periodically for any updates or changes, which will have an update effective date.

Fees

Membership with Optimed is currently free. Using Optimed to facilitate research studies may result in agreed-upon platform fees based on usage. These fees are for our data services and storage only, and Optimed will not sell (i.e., monetize) the data on its platform for advertising or other purposes. Optimed, LLC reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.

Disclaimer of Warranties

The Site and the content and services made available on the Site are provided on an “as is”, “where is” and “as available” basis. Optimed does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. Optimed does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected. The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by Optimed, and You use such information at Your own risk.

Limitation of Liability

Under no circumstances shall Optimed, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to Your use of this Site or due to Your reliance on any of the content contained or the services provided on the Site.

Indemnification

You agree to indemnify and hold harmless Optimed, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of this Agreement.

International Users

Optimed makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If You are a non-U.S. user, You acknowledge and agree that Optimed may collect and use Your Information and disclose it to other entities outside Your resident jurisdiction. In addition, such Information may be stored on servers located outside Your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with Your Information, You acknowledge that You consent to the transfer of such Information outside Your resident jurisdiction as detailed in our Privacy Policy. If You do not consent to such transfer, You may not use this Site.

Member Notices

If You register as a member, You agree that Optimed may send notices to You by email at the email address You provide when registering to become a member (or which You later update using the functionality of the Site).

Governing Law and Venue

This agreement shall be governed by the laws of the State of Ohio and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of Ohio, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Ohio.

Miscellaneous Terms

Optimed and the Optimed logo are trademarks of Optimed. You agree not to display or use these trademarks in any manner without Optimed's prior, written permission. Optimed may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
support@optimedsiteservices.com
Subject: User agreement Issues

History of Updates/Changes to Terms and Conditions of Use:
On November 6, 2020, original version of this Agreement was added to the site.