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Terms of Service

Please Read These Terms of Use Carefully

The following Agreement sets forth the legally binding terms and conditions for use of products or services provided by TREND Community PBC (“Provider”), such products or services include but are not limited to trend.community (“Trend”) or websites owned by Provider (“Sites”). Trend provides tools useful to individuals, organizations, or their representatives (“Participants”) for tracking and sharing information about their own health, the health of another individual legally under their care, or the health of other consenting individuals, as well as viewing the Data (“Services”). By using the Services, or any copyrights or trademarks owned by Provider in any manner, you agree to be bound by this Agreement.

This Site Does Not Provide Medical Advice

Text, treatments, dosages, diets, outcomes, data, results, charts, profiles, graphics, photographs, images (“Data”), as well as advice, messages, discussions, other information obtained from Provider, its licensors, successors or assigns, or other material provided by Trend or contained on the Sites (“Content”) are for information purposes only.

The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Provider does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites. Reliance on Data is solely at your own risk.

Summary of Services

Provider makes available tools useful to Participants in tracking, sharing, and viewing health-related information. Though not required to do so based on Provider’s policies and procedures, Provider makes commercially reasonable efforts to ensure that the tools used by Provider in the performance of the Services are HIPPA (The Health Insurance Portability and Accountability Act) compliant. Provider does not make available medical devices, perform experimentation on Participants, nor provide medical advice.

Acceptable Use of Site

You represent and warrant that, to the best of your knowledge, any information provided to the Sites, Trend, or Provider to be true and accurate. You agree not to provide information that is false, obscene, defamatory, or that infringes on any intellectual property. You also agree not to interfere with other Participant’s ability to use, enjoy, or take advantage of the Sites, nor to use the Sites or Services made available by Provider for illegal purposes.

You agree not to disclose to any person or entity personally identifiable information about other Participants that you encounter when using Provider’s Services without the express written consent of the Participant. You may disclose general information to third parties, subject to the restrictions on commercial use below.

Participants agree not to use the Sites, Data, Content, or Services for commercial activities without prior written consent from Provider. Participants also agree not to use the Sites as a means to solicit or promote their services. Participants who are not individuals are prohibited from creating profiles on the Sites without prior written consent of Provider.

Privacy

You agree that you have read, understood and accept Provider’s Privacy Policy.

Purpose

You desire Provider to perform Services on your behalf, and Provider desires to perform said Services (“Purpose”).

Acceptance of License

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use. These Terms of Use apply to every user of the Service. Some services offered through Provider may be subject to additional terms and conditions by Provider. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Terms of License

Upon Your acceptance all of the terms and conditions contained in this Agreement, Provider hereby grants a limited, non-exclusive, non-transferable, and revocable license to use our Services solely for the Purpose (the “License”).

Ownership and Use of Data

You acknowledge and agree that Provider (i) holds all right, title and interest to any Data, (ii) has the right to use for any purpose commercial or otherwise and (iii) publicly disclose any de-identified Data arising from this Agreement. Alternative rights of ownership and use of Data are possible under prior written agreement with Provider.

Termination

This Agreement shall terminate upon completion of the Services (“Termination”). Your right to use and make public any Data, Content or any associated reporting shall not end along with the Termination of this Agreement.

You agree that Provider may, with or without cause, terminate your ability to participate in the Services offered by Provider without prior notification.

Indemnification

You agree to indemnify and hold harmless Provider, 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.

TREND Communtiy PBC is the copyright owner of all text and graphics contained in the descriptions of Trend, or one of its products or Services. “Trend Community”, "Trend", “Turning Anecdote into Evidence", "Community Voice Report (CVR)" and “Community Powered Science” are copyright 2014, TREND Community PBC, All rights reserved.

Governing Law and Jurisdiction

This Agreement shall be governed by Pennsylvania law, without giving effect to the conflict or choice of law provisions thereunder that would dictate the application of the laws of any other jurisdiction. The exclusive venue for all legal proceedings arising from this Agreement shall be the federal and state courts situated in Philadelphia, Pennsylvania and each party hereby irrevocably consents to submit to the jurisdiction of such courts with respect thereto.

Modifications To This Agreement

Provider reserves right to modify this Agreement at any time, without prior notice, by posting amended terms on the Site. Please consider periodically reviewing this Agreement. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Provider reserves the right to change, suspend or discontinue the Service (including but not limited to the availability of any feature, database, or content) at any time for any reason. Provider may also impose limits on certain features and services or restrict you access to parts or all of the Service without notice nor liability.

Assignment

The terms of this Agreement, and any licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Provider without restriction. Any attempted transfer or assignment in violation of this Agreement will be deemed null and void.

Entire Agreement/Severability

The terms of this Agreement, together with any other agreements you may enter into with Provider in connection with the Services shall constitute the entire agreement between you and Provider concerning the Services. If any provision of the terms of this Agreement is deemed invalid then that provision is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Provider's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

DMCA Policy

This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the Provider’s policy to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Provider’s computing system are required to respect the legal protections provided by applicable copyright law.

Designated Agent

The Provider’s Designated Agent to receive notification of alleged infringement under the DMCA is:
  • DCMA AGENT: Christopher Lam
  • 133 E. Main St. Suite 2
  • Moorestown, NJ 08057
By Fax:
  • Attn: DCMA Agent, Trend
  • 856.206.4048

Upon receipt of proper notification of claimed infringement, Provider will follow the procedures outlined herein and in the DMCA.

Complain Notice Procedures for Copyright Owners

The following elements must be included in your copyright infringement claim:

  1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Provider to locate the material.
  4. Information reasonably sufficient to permit the Provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Failure to include all of the above information may result in a delay of the processing or the DCMA notification.

Notice and Takedown Procedure

It is expected that all users of any part of the Provider’s system will comply with applicable copyright laws. However, if Provider receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Provider will comply with the appropriate provisions of the DMCA in the event a counter notification is received.

Repeat Infringers

Under appropriate circumstances, Provider may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.

Accomodation of Standard Technical Measures

It is Provider policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.