Last Updated Date: November 2023
Welcome to the SubjectWell website (the Site), which is owned and operated by SubjectWell, Inc. (SubjectWell, we, or us). Please read these Terms carefully before using the Site.
By using the Site, you accept the terms and restrictions described in these Terms. If you do not agree to any of these Terms, please do not use the Site, because you will be held to these Terms. We sometimes change these Terms and will post revised versions of these Terms on the Site. We last revised these Terms on May 27, 2020.
By submitting your information through the Site, you understand that we will contact you directly (by phone, SMS text, or other method, depending on the information you provide and the options you choose on the Site). By submitting your information, you understand and agree that if the phone number you provide is for a mobile phone, we may contact you using an auto-dialer, prerecorded or artificial voice message, or SMS text message. You also understand that your mobile carrier may charge message or data fees. Any information submitted through the Site will be managed in accordance with our Privacy Policy.
The Site is for your personal use only. You agree to tell us the truth in the information you provide, to obey the law, and that you will not sign up for the Site for business purposes. If you comply with this agreement and these Terms, you can use the Services and you may qualify for participation in one or more clinical trials. Using the Site in any other way than described in this paragraph may violate copyright and other laws or regulations and you may be subject to liability for such unauthorized use.
To this end, you may not access the Site in an unauthorized fashion or use automated programs to scrape information off of the Site or for any other purpose. You can’t reverse engineer the Site or access the source or metadata for any reason. You may not interact with other Site users or attempt to discover the identities or preferences of any other Site users. You agree not to damage or slow the workings of the Site in any way.
The content of the Site is provided solely for general informational purposes. We do not provide medical or similar professional advice through the Site, and the information set forth herein or therein is not intended to, and should not, replace medical advice provided by your physician or healthcare provider. We have no control over sites we link to, and their information may change without our knowledge. Any information you provide is no guarantee that you will qualify for any clinical studies or trials or that you will be enrolled in any clinical trials that you apply for or that you will receive any treatment or guarantee of specific medical results or outcomes.
We give you a limited license and access rights to the Site, based on your honest participation. We own the Site, including code and all aspects of “look and feel” of the Site, and have an interest in any information you give us.
We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights, except as expressly granted to you in these Terms. You shall not (i) alter any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, or (ii) make commercial use of the Site or the Services.
You may access the Site over the internet, but SubjectWell is not responsible for any costs you may incur to do so, or any costs related to any clinical trials you may contact or participate in. You consent to receiving information from us by electronic means, and if you provide your telephone number you consent to us calling you at that number. We may terminate your access to this Site and its benefits at any time for any reason or no reason.
Your use of the Services is at your sole risk. The Site and Services are provided “as is.”
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, THEIR FREEDOM FROM VIRUSES OR MALICIOUS CODE, OR THEIR RELIABILITY, TIMELINESS, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE DON’T PROMISE TO CORRECT ANY ERRORS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A)ÊANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS (USD $50.00). ANY CLAIM RELATED TO THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE.
You agree to indemnify, defend and hold us harmless from and against any and all losses, damages, claims, expenses and liabilities of any kind, including attorneys’ fees, arising from or relating to your access (or lack of access) and use of the Site, your violation of these Terms or violation of law or third-party right, and any other negligent or wrongful conduct by you.
These Terms, together with our Privacy Policy constitute the entire agreement between you and us regarding the Services. If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof. These Terms and the relationship between you and us will be governed and construed in accordance with the laws of Delaware, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of Delaware. The Services are operated out of the United States. We make no representation that the Services, or content or information available via the Services, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Site from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.
If you have any questions about these Terms, including if you feel your copyright has been violated, please feel free to contact us:
Mail: 8300 N MoPac Expy, Ste 300 Austin, TX 78759, USA Phone: 844-612-6317 Email: Privacy@subjectwell.com
