Terms of Service Agreement

This Terms of Service Agreement became effective on: September 23, 2016

FindingFive (the “Website”, “we, “us”, or “our”) is a community-based and community-supported service (the “Services”) provided to researchers and participants in behavioral sciences. These terms and conditions of services govern the use of FindingFive and all its services provided to all users (including participants AND researchers, “user”, “you”, or “your”). By accessing the Website and using its Services, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may not, under any circumstances or for any reason, use or access this site.

If you are using the Services on behalf of an entity, university, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization. Agreeing to use the Services by clicking “Sign up” constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which may be modified from time to time without notice to you. You acknowledge receipt of our Privacy Policy. By using our Website, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.

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. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

1. Eligibility & Registration

1.1. Participant Eligibility

The Website is not targeted towards, nor intended for use by, anyone without the ability to give full consent to participating in a research study. By using the Website, you represent and warrant that you are capable of understanding the consent forms posted by researchers and giving full consent. If you are incapable of giving full consent on your own, you may not, under any circumstances or for any reason, use the Website. We may, in our sole discretion, 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. FindingFive will not liable for any loss or damage as a result of participating in a research study without the ability to give full consent on your own.

1.2. Researcher Eligibility

Functions related to conducting research on the Website are not targeted towards, nor intended for use by, anyone not affiliated with a fully accredited research institution or a business with its own Institutional Review Board (IRB). Individual researchers, at the time being, are NOT PERMITTED to sign up as researchers on the Website, unless they can obtain IRB approval for their studies through accredited research institutions. We may, in our sole discretion, remove researcher prvileges from any account 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 falsely representing your researcher eligibility.

1.3. Registration

To sign up for the Services, you must register for an account on the Website (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) use as your own identity any information of another person or organization with the intent to impersonate that person or organization; (ii) use any information subject to any rights of a person or organization other than you without appropriate authorization; or (iii) use, as a username or part of your account information, expressions that are otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You (or your authorized agents) must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You agree to provide accurate information in your registration and not to share your password with third parties. You agree to notify FindingFive promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. FindingFive 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 ACCOUNT SECURE.

2. Content

For the purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services by us and users.

2.1. Responsibility

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (including both participants and researchers; collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content (such as materials used in a research study), accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

2.2. Copyrights

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

2.3. Ownership and Rights

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services or for all academic purposes. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services or academia-related activities is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid license to use, aggregate, reproduce, analyze, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Content and User Content generated through user submission to the Website and user activity on the Website, in connection with the Website, the Services and our businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services.

For clarity, the foregoing licenses granted to us do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

3. Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of the activities associated with your account in connection with the Services.

3.1. Researcher Duties

You agree that, as a researcher conducting behavioral studies on FindingFive, 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 participants’ 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 that, as a researcher conducting behavioral studies on FindingFive, you will only post research studies that are approved by the Institutional Review Board (IRB) at your home institution, each of which must be accompanied with a consent form displaying evidence of valid IRB approval. Studies posted without IRB approval will be immediately banned upon discovery, and all participant data collected from such studies will be irrevocably deleted. We reserve the right to report such incidents violating these rules to your home institution solely at our discretion.

3.2. Participant Duties

You agree that, as a participant in behavioral studies on FindingFive, 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 that, as a participant in behavioral studies on FindingFive, you will NOT purposefully mislead researchers by providing inaccurate, untruthful, irresponsible information and responses in your participant profile and during the course of any research study. We may, in our sole discretion, terminate accounts of any participant upon determination of violation of participant duties.

3.3. General Rules of Conduct

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (v) harvest or scrape any Content from the Services; or (vi) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

4. Warranty Disclaimer

The services, including without limitation any information delivered as part of the services, and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, noninterference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our website or that the services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We do not warrant that: (i) the services will be perfectly secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements.

Your use of the services is solely at your own risk. The services contain information provided by one or more third party data providers. FindingFive does not control and is not responsible for the information provided by any such third party provider. You acknowledge and agree that neither FindingFive nor any such third party provider has any obligation to correct information about you except as required by applicable law. Information you request may not be available or may not be provided, and FindingFive has no liability for such failure. In no event will FindingFive warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, products, or services on this website. The information, products, and services available on the website may include technical inaccuracies or typographical errors. Therefore, you agree that your access to and use of our website, products, services and content are at your own risk.

5. Limitation of Liability

In no event shall we, nor anyone associated with FindingFive, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if FindingFive had been advised of, knew, or should have known, of the possibility thereof. User acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that FindingFive would not enter into this agreement without these limitations. User hereby waives any and all claims against FindingFive arising out of subscriber’s purchase or use of the services, or any conduct of FindingFive’s directors, officers, employees, agents or representatives. your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.

In addition, you agree that FindingFive is not responsible for any data compiled by our services and that FindingFive will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall FindingFive, or any third party provider of any component of the services or of any information delivered as part of the services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the services, content, products, the use or inability to use this website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if FindingFive is advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.

6. Publicity

Each user is permitted to state publicly that such User is a User of the Services. Subject to FindingFive’s Privacy Policy, each Subscriber agrees that FindingFive may include such User’s name and affiliation in a list of FindingFive User, online or in promotional materials. Each User also agrees that FindingFive may verbally reference such User as a User of the Services. User may opt out of the provisions in this Section e-mailing a request to contact@FindingFive.com.