Synexus Healthyminds Registry (Synexus HMR) Study Website Terms and Conditions
Terms and Conditions of Use
Use of our site
This site is operated by the University of Exeter (“Exeter”) and Synexus Clinical Research Limited (“Synexus”) (together, “we” or “us”)). The University of Exeter is established by Royal Charter in the UK (RC000653) and the main administrative address is Northcote House, The Queen’s Drive, Exeter, Devon, EX4 4QJ, United Kingdom. Synexus Clinical Research Limited is a company registered in the United Kingdom with a registered office at Sandringham House, Ackhurst Park, Chorley, Lancashire, PR7 1NY.
By using the site, you confirm that:
- you are of legal age to form a binding contract with us.
If you do not meet all of these requirements, you must not access or use the site.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Every time you wish to use the site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes. The date posted at the bottom of this page indicates the date of our most recent review or modification of these Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
The site is made available free of charge. We do not guarantee that the site, or any content on it, will always be available or be uninterrupted. We may amend, suspend, withdraw or restrict the availability of all or any part of the site for operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at HMRsupport@exeter.ac.uk
Material on our site
Either Exeter or Synexus is the owner or the licensee of all intellectual property rights in the site, including trade marks, and in the material published on it. Such material is protected by trade mark laws and/or copyright laws and treaties around the world. All such rights are reserved. The content on the site may be viewed, printed or downloaded for personal, non-commercial use only. It is not to be modified, reproduced, transmitted, published or otherwise made available in whole or in part without the prior written consent of Exeter or Synexus, who is the relevant owner or licensee. You agree not to use the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our status (and that of any identified contributors) as the authors of content on the site must always be acknowledged.
In no event shall any user of this website use the name or logo or trade marks, whether registered or unregistered, of the University of Exeter or SYNEXUS Clinical Research Limited, other than with the express written consent of an authorised representative of the University of Exeter or SYNEXUS Clinical Research Limited as applicable.
Neither Exeter nor Synexus gives any warranty as to the accuracy of the information or guidance for any specific purpose. The information and guidance contained on the website does not constitute legal or professional advice and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site. Although we make reasonable efforts to update the information on the site, neither Exeter nor Synexus makes any representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.
Responsibilities for Loss or Damage Caused/Disclaimer
Neither Exeter nor Synexus is in any way responsible or liable for any damage or loss whatsoever arising from viewing or downloading information from this website and from the use of, or reliance on, the information and guidance on this website. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
By accessing and using this site you acknowledge and accept that the use of the website is at your own risk. Neither Exeter nor Synexus shall be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the website. Without limiting the foregoing:
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE”. THIS WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. REFERENCE IN THIS WEBSITE TO ANY THIRD PARTY PRODUCTS, EVENTS OR SERVICES DO NOT CONSTITUTE OR IMPLY OUR ENDORSEMENT OR RECOMMENDATION OF ANY KIND. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SERVICES. WE DO NOT ENGAGE IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. WE ENCOURAGE YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
NEITHER EXETER NOR SYNEXUS ASSUMES RESPONSIBILITY NOR SHALL BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.
The website should not be used as a substitute for discussions with or evaluations from qualified health care professionals. If you feel you have a medical condition, please discuss this with a qualified health care professional.
Neither Exeter nor Synexus guarantees that the site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software. You are responsible for your own hardware, software and facilities and we cannot guarantee compatibility of this website with your systems.
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page.
Any links we include from the site to other websites and resources provided by third parties are provided for convenience and for general information purposes only. The inclusion of such links should not be interpreted as approval by either Exeter or Synexus of those linked websites or information you may obtain from them. Neither Exeter nor Synexus has control over such websites and neither accepts any liability whatsoever in respect of any such information. Any use of and reliance that you place on such information is at your own risk.
You may use the site only for lawful purposes. You must not use this website, and/or any interactive facilities which are available through it:
- To breach in any way any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect including but not limited to misrepresenting your identity;
- To hack, or attempt to hack, any part of the website or any system used to run it;
- To store or use any personal data derived from the website;
- To post material that is obscene, offensive, defamatory or otherwise unlawful;
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Any complaint made about any material available on the website or information relating to the study will be addressed as soon as possible. Feedback should be sent to the study email address HMRsupport@exeter.ac.uk.
Governing Law and Jurisdiction
Our site is directed to people residing in the United States of America. We do not represent that content available on or through the site is appropriate for use or available in other locations.
Notice of Arbitration Agreement and Class Action Waiver
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the website shall be finally resolved by binding arbitration.
This Arbitration Agreement does not bar us from seeking injunctive relief in any court to preliminarily enjoin your infringement or other misuse of intellectual property rights, or the website that we allege in good faith violates these Terms and Conditions.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and us are each waiving the right to a trial by jury or to participate in a Class Action. This Arbitration Agreement shall survive any termination of these Terms and Conditions.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address. If you are an individual, the arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. The arbitration will be conducted in the English language in the city of New York, New York. New York law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause below entitled “Class Action Waiver.”
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Waiver and Severability
No waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
V1_14 February 2019