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