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Terms of Service

WeLNES Terms of Service Statement

Update: October 28, 2020

WeLNES (We, Our, or Us), a research study of the WeLNES programs for weight loss, nutrition, and exercise at the Fred Hutchinson Cancer Research Center in Seattle, Washington, provides the Services, including the study website, online surveys, telephone calls, email and text reminders, and other research services. The purpose of the WeLNES is to test two telephone weight loss programs using the Services described above, and determine which one is most useful to enable people to lose weight, manage nutrition, and increase exercise. Please review Our Terms of Service carefully. If you have questions, please contact Us at Welnes@fredhutch.org.

By consenting to participate in this research study you acknowledge receipt of Our Privacy Policy. By using Our study website and online surveys (“Site”), you agree We may use data collected from and about you in accordance with this Terms of Service, the research consent forms and Our Privacy Policy.

By clicking “Join Now” or using the Site, you agree you are legally bound by these Terms of Service and all other operating rules, policies and procedures that may be published on the Site by Us. By accepting these Terms of Service, you agree to give up your right to go to court to assert or defend your rights under this agreement. In addition, study participation requires you to be compliant with all applicable local and federal laws. If you do not agree to these Terms of Service, you should not enroll in this research. Your failure to comply with the Terms can lead to your withdrawal from participation in the Program and terminate your authorization and rights to use the Program.

Your Use of the Program and Information Submitted

You agree that you will make only lawful use of the Program, and will use the Program only in compliance with all federal, state and local laws and regulations without ownership rights violations and only for the purposes of Program purposes. Fred Hutch may restrict your access to the Site, certain features, services or content at any time and without prior notice.

If you are a participant in the Research Study, any and all information you enter or submit in or through the Program Site and Fitbit, including registration, must be truthful. The information you submit through the Site and Fitbit is subject to Our Privacy Policy. As a participant in the research study, the information you submit through the Site and Fitbit will also be subject to the signed research consent.

Log-in Credentials and Security

To access Site and Fitbit, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site (and other) that all the information you provide is correct, current and complete. You may also be provided with or asked to choose log-in credentials (username and password). You shall not share or disclose your log-in credentials with or to any other individual or entity. If you discover or suspect that your log-in credentials have been accessed or used by anyone other than you, you must promptly change or reset your password. You agree to notify Us promptly of any unauthorized use of your account and of any loss, theft or disclosure of your information. Failure to comply with these requirements shall constitute a breach of these Terms of Service and We will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your information secure.

You agree that you will not upload, post, transmit, distribute or otherwise publish on or to the study Site any materials that contain a software virus or other harmful components.

Use by Children

If you are under the age of 18 (17 and younger), you may not register for or participate in this program, even with parent or guardian approval.

Participant Eligibility

Only Individuals with the ability to independently give full consent to participating in a research study are eligible WeLNES. By joining the WeLNES Program, you represent and warrant that you are capable of independently understanding the consent forms posted by researchers and of giving full consent. We have sole discretion to terminate accounts of any participant or entity upon determination of ineligibility. We may change Our eligibility criteria at any time. You are solely responsible for any consequences, of any nature, as a result of violating these eligibility criteria. You (or your authorized agents) must notify us immediately of any change in your eligibility.

Registration

To join the Program, you must complete the consents and eligibility surveys, provide accurate and complete information and keep your information updated. You shall not: (i) use as your own identity any information of another person or organization; or (ii) use any information subject to any rights of a person or organization other than you without appropriate authorization.

Participant Duties

You agree as a participant in the WeLNES Program you will not distribute, post, store, link, or otherwise traffic in content, information, or materials on or through the Services that (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of researchers’ privacy and well-being, tortious, offensive, profane, contain or depict pornography that is unlawful, or is otherwise inappropriate as determined by us in Our sole discretion, (ii) you know are false, misleading, untruthful or inaccurate, (iii) constitute unauthorized or unsolicited advertising, (iv) impersonate any person or entity, or (v) include anyone’s identification documents or sensitive financial information.

You further agree as a participant in the WeLNES Program you will not purposefully mislead researchers by providing inaccurate, untruthful, irresponsible information and responses in your participant profile and during the course of this research study. We may, in Our sole discretion, withdraw from participation any participant upon determination of violation of participant duties.

Changes to These Terms

Terms of Service and all other operating rules, policies and procedures published on the Site may be modified from time to time without notice to you. All changes are effective immediately when posted and apply thereafter. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Program Content Ownership and Intellectual Property

The Site, program materials, survey sites, study content, materials and documentation for describing the features and functions Our Services and all intellectual property rights associated therewith are and shall remain the sole and exclusive property of Fred Hutch, unless otherwise expressly noted. Protected content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, music, the program as a whole and any other materials created by Fred Hutch researchers for the program. You agree not to remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Site or Fitbit, including any copy thereof. Any Intellectual Property developed by Our collaborators and vendors is used with their permission and using Our Services does not transfer any of their Intellectual Property rights to us.

Limitations of Liability

You assume full responsibility for any use of any information, goods or services offered on or through the Program. You understand and agree that Fred Hutch will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services. You agree to defend, indemnify and hold harmless Fred Hutch and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Program in violation of any of the Terms.

Neither We nor Our affiliates or any of Our or their respective licensors or service providers have any liability to you related to or arising from use, interruption, delay or inability to use the Site or Fitbit.

Export Regulation

The Site and Fitbit may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Site to, or access or make the Site accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation.

Termination

In event of termination, your obligations to Fred Hutch under these Terms of Services will continue. Upon termination of your rights, you must promptly destroy all Content obtained from this Program, as well as all copies of any Content.

Applicable Law

The Terms will be construed according to Washington law, without regard to provisions governing conflicts of laws. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, will be resolved exclusively by the state and federal courts of the State of Washington. Your use of the Site constitutes your consent to the jurisdiction and venue of such courts with respect to any such dispute.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. Waiver of any provision of these Terms of Service will not result in the waiver of any other provision of these Terms of Service or subsequent waiver of the same provision. Failure or delay at any time to enforce any of the provisions of these Terms of Service will not be construed as a waiver of such provisions or in any way affect the validity of these Terms of Service or parts thereof.