Terms of Service & Use
Profound Research LLC (hereafter, “Profound,” the “Organization,” “we,” or “us”) operates this website (this “Site”) to provide online access to information about Profound and its business, including information about current opportunities in clinical research and other areas in which Profound may do business. These Terms of Service and Use (“Terms”) apply to your access to and use of the websites, mobile sites and other online offerings (collectively, the “Site”) provided by Profound that link to these Terms. If you do not agree to these Terms, do not use the Site.
Acceptance
Your access to and use of this Site is subject to these Terms, the Profound Privacy Policy and all applicable laws. By accessing, browsing, or using this Site, you agree that you have read, understand, and are bound to the current version of these Terms. You accept, without qualification or limitation, these Terms and acknowledge that any other agreements regarding your use of this Site are superseded and of no force or effect. If you disagree with these Terms or are dissatisfied with the Site, your sole remedy is to discontinue your use of this Site.
Your Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You may freely browse this Site, and you may access or use information from this Site, including any images, text, audio, and video (the “Content”) for your own personal, non-commercial use only.
Prohibited Conduct
Except with Profound’s advance written permission, you may not distribute, modify, transmit, reuse, repost, or use or link to this Site or its Content for any commercial purpose. You further agree not to:
- Use the Site or Content except as provided in these Terms or in the text on the Site or for any reason other than the intended purpose;
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Use any robot, spider, data mining, or other automatic device, process, or means to access the Site for any purpose, including monitoring, copying, scraping any of the Content, material, or data on the Site;
- Use any device, software, or routine that interferes with the proper working of the Site;
- Introduce any viruses, corrupted data, Trojan horses, worms, logic bombs, or other material that is disruptive, destructive, malicious or in any way technologically harmful;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site; or
- Develop or use any applications that interact with our Site without our prior written consent.
Information You Submit to Profound
This Site is not intended to collect confidential or proprietary information or protected health information. You should not submit any such information to this Site. Where personal information may be submitted, you agree that you are submitting such information freely and voluntarily and that you will not submit private or personal information of any third-party. Personal Information that you elect to submit to the Site through Site contact forms is governed by the Profound Privacy Policy. Any other submission by you to Profound, including but not limited to general inquiries, questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of Profound. By any submission of information to this Site, you grant to Profound (inclusive of third-parties working for or on behalf of Profound) an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information for any and all legitimate business purpose, including the specific purposes you may separately agree at the time of submission. Profound shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing content, materials, or products incorporating such information.
Trademarks and Proprietary Rights; Copyright Notice
This Site and its Content may include Profound trademarks or may include or reference proprietary information, technologies, products, processes, or other proprietary rights of Profound and/or third-parties. No license to or right in any such trademarks, copyrights, patents, trade secrets, technologies, products, processes, and other proprietary rights is granted to or conferred upon you through your use of this Site. Nothing in this Agreement is intended to grant any rights whatsoever in or to Content, except the limited right to use such Content, as described herein. You should assume that all Content is copyrighted unless otherwise noted. You must retain and reproduce all copyright notices or other notices of proprietary rights contained in Content you download. You may not, without Profound’s written permission, "mirror" any Content contained on the Site.
Content Subject to Change
Profound reserves the right to modify our Site or to suspend, stop providing, or discontinue all or portions of our Site or make additions, deletions, or modifications to Content or information included on this Site at any time without prior notification. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
Medical Information and Conditions; No Medical Advice
All information included in Content that relates to a disease, condition, signs, symptoms, diagnosis, current research, treatment options, therapies, or any medical information whatsoever, is provided strictly for information only. Through this Site, Profound does not offer any advice regarding the diagnosis or treatment of any medical condition. Content provided on this Site does not take into account the medical condition or health history of any specific User or other individual. Profound encourages patients to discuss current treatment options, medical information, conditions, health history, and all issues of medical care with qualified and trusted healthcare providers. If you are currently enrolled in a Profound clinical trial and have questions related to your participation, please contact your research site. IF YOU HAVE AN IMMEDIATE MEDICAL CONCERN, SEE A QUALIFIED HEALTH CARE PROVIDER OR CONTACT YOUR LOCAL EMERGENCY OR URGENT CARE SERVICES.
User Assumption of Responsibility; Disclaimer of Warranties
Each Site user assumes full responsibility and all risks arising from use of the Site. Profound uses reasonable efforts to ensure that information on this Site is accurate and up to date. The information is presented “AS IS.” Profound assumes no responsibility for any errors or omissions in the Content or information on the Site. Profound makes no representations or warranties whatsoever with respect to the Site or the information or Content included on the Site. Profound hereby disclaims all representations and warranties, whether express or implied, including, without limitation, any warranties of completeness or accuracy, merchantability, fitness for a particular purpose, title, or non-infringement.
Third Party Content and Links to Third Party Sites
Profound may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Website (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content and links to third-party websites may be provided for the convenience of Site users. When you leave this Site, you should be aware that these Terms may no longer apply. Your dealings or correspondence with third parties and your use of or interaction with any third-party websites or Third-Party Content are solely between you and the third party. The Organization does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content or third-party website. Further, Profound will not edit, censor, or otherwise control any content provided by third-parties on any third-party website, bulletin board, chat room, or other third-party forum. Your access to and use of such Third-Party Content and third-party websites is at your own risk. Profound accepts no responsibility for the accuracy or legality of content on any third-party websites and accepts no liability whatsoever with respect to any Third-Party Content, third-party website, or third-party privacy practices.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Profound and its independent contractors, service providers, and consultants, successor organizations, and partner organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your violation of these Terms; (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (c) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims including, but not limited to, attorneys’ fees. You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
Limitation of Liability
To the fullest extent permitted by applicable law, Profound and its contractors, service providers, consultants, successor organizations, and partner organizations, and each of their respective officers, directors, agents, and employees (collectively the “Parties to the Organization”), will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. The total liability of the Organization and Parties to the Organization for any claim arising out of or relating to these Terms or our Website, regardless of the form of the action, is limited to $5.
Applicable Law and Jurisdiction
This Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of Tennessee applicable to contracts deemed to be made within such state, without regard to the choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Policy shall be brought and heard either in the state or federal courts of proper jurisdiction located in Davidson County Tennessee. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
The failure of Profound to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Terms Subject to Change
Without prejudice to any rights you may have under applicable law, Profound reserves the right to amend these Terms to reflect changes to Profound’s lines of business and service offerings, advancements in technology, and changes to legal and regulatory requirements, as well as good business practices. If Profound changes these Terms, an updated version of these Terms will reflect those changes and will be posted to the Site and with an updated effective date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If you have any questions about these Terms or our Site, please contact us at legal@profoundresearch.io.
