TERMS OF SERVICE AND USE
Date of Last Revision: 5/20/2016
1. BINDING EFFECT. This is a binding agreement. By providing eligibility biographical information for yourself or your minor child (“Child”) on our Internet site located at https://usacnestudy.com/ (the “Site”), you agree to abide by these Terms of Service and Use (“Terms”), as they may be amended by Cassiopea S.p.A. (“Cassiopea”) from time to time in its sole discretion. Cassiopea will post a notice on the Site any time these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site.
YOU AGREE THAT BY USING THE SITE AND PROVIDING YOUR OR YOUR CHILD’S ELIGIBILITY INFORMATION YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS. ONLY PERSONS OF LEGAL AGE CAN ACCEPT THESE TERMS AND SUBMIT ELIGIBILITY INFORMATION FOR PARTICIPATION IN THE STUDY CONDUCTED BY CASSIOPEA.
IF YOU VIOLATE ANY PORTION OF THIS PROVISION, CASSIOPEA WILL IMMEDIATELY CANCEL YOUR RIGHT TO USE THE SITE AND PARTICIPATE IN ITS STUDY.
3. STUDY. Cassiopea is evaluating the safety and effectiveness of a topical investigational drug for people with moderate to severe facial acne (“Study”). If you are chosen to participate in the Study, Cassiopea will provide you with Study information and disclosures as required under applicable FDA regulations. As part of the recruitment efforts for the Study, Cassiopea is publishing the Site to collect eligibility information for participants in the Study (“Participants”).
4. CLINICAL INVESTIGATOR. The name and address of the clinical investigator for the Study can be found here. If you have specific questions about the Study, you can contact the Project Manager at: firstname.lastname@example.org
5. STUDY PURPOSE. The purpose of the Study is to investigate the effectiveness of the investigational drug for indications of moderate to severe facial acne and to monitor and measure side effects.
6. PARTICIPANTS. Participants may be male or female, 9 years of age or older and must have moderate to severe facial acne. Female Participants may not be pregnant, lactating or planning to become pregnant. No person under 18 years of age will be permitted as a Participant unless his or her parent or guardian provides informed consent and authorization for participation in accordance with Cassiopea’s guidelines.
7. PARTICIPANT BENEFITS. Participants in the Study will receive no cost Study-related skin examinations by a Board Certified Dermatologist, supplies of the Study drug at no cost, and compensation for any time and travel involved with examinations and other Study visits, as more fully detailed in the Study information and disclosures.
8. PROVIDING ELIGIBILITY INFORMATION. In order to determine your or your Child’s eligibility for the Study, we require that you take a brief survey about your or your Child’s, as the case may be, acne and medications. In order to be able to provide eligibility information, you must complete the registration process by providing the complete and accurate information requested on the registration form, including your birth date, full name and email address, confirm that you are over the age of 18 and accept these Terms. If you are a parent or legal guardian of a Child and are providing your Child’s eligibility information, you must additionally enter your child’s first name and age. If you are a under the age of 18, you may not provide any information or use the Site. IF YOU PROVIDE ELIGIBILITY INFORMATION FOR ANY CHILD, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD. You are entirely responsible for maintaining the confidentiality of your Site credentials. You may not use the identity or Site credentials of someone else at any time. You agree to notify Cassiopea immediately on any unauthorized use of your Site credentials. You may be held liable for any false eligibility information you provide on the Site.
10. PROHIBITED USES. Cassiopea imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) 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; (c) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (d) 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 Cassiopea in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability. You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to use the Site to contact or otherwise solicit personal information from anyone under the age of 18.
11. COPYRIGHT. Copyright in the design and architecture of the Site is owned by Cassiopea except where otherwise indicated by a third party’s proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Site as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.
12. ALLEGED VIOLATIONS. Cassiopea reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Cassiopea believes that you have violated any of the Terms, furnished Cassiopea with false or misleading information, or interfered with use of the Site by others.
13. NO WARRANTIES. CASSIOPEA HEREBY DISCLAIMS ALL WARRANTIES. CASSIOPEA IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASSIOPEA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CASSIOPEA DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
14. LIMITED LIABILITY. CASSIOPEA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CASSIOPEA BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Should you or your Child be chosen to be a Participant, additional terms and limitations shall apply.
15. AFFILIATED SITES. Cassiopea has no control over, and no liability for any third party websites or materials. Cassiopea works with a number of operators of clinical trial locations whose Internet sites may be linked with the Site. Because neither Cassiopea nor the Site has control over the content and performance of these affiliate sites, Cassiopea makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Cassiopea assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
16. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. With respect to any disputes or claims not subject to arbitration, as set forth below, you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA in all disputes arising out of or related to the use of the Site.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. GENERAL. These Terms represent the entire agreement between you and Cassiopea with respect to your use of the Site. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Cassiopea or by any third party. In the event a dispute arises regarding these Terms or the use of this Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Cassiopea, but Cassiopea may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site.
20. MODIFICATIONS. Cassiopea may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site; and (c) discontinue the Site at any time. Cassiopea shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
21. ACKNOWLEDGEMENT. BY ACCESSING, BROWSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS IN ORDER TO USE THE SITE TO PROVIDE ELIGIBILITY INFORMATION.