Version Date: 04/10/2020.
Introduction/Scope. This is a website (“Site”) that Carnegie Mellon University (“CMU”) is using to conduct a study researching a voice-based testing system for Covid-19 (the “Research Study”). The Site includes information on how to sign up for the Research Study, and individuals electing to participate will do so through the Site. The Site is not intended for any other purpose.
The Research Study has been approved by CMU’s Institutional Review Board as STUDY2020_00000164. Participation in the Research Study is voluntary and is subject to acceptance of the Research Study online consent form. Please see the Site for instructions on how to participate in the Research Study.
PLEASE NOTE THE RESEARCH STUDY IS GATHERING INFORMATION FOR RESEARCH PURPOSES ONLY. CMU IS NOT PROVIDING ANY HEALTH ADVICE OR MAKING ANY COVID-19 DIAGNOSES THROUGH THIS SITE AND/OR THE RESEARCH STUDY. IF YOU FEEL UNWELL, OR SUSPECT YOU HAVE BEEN EXPOSED TO COVID-19 OR SHOW ANY SYMPTOMS CONSISTENT WITH COVID-19, PLEASE CONTACT A DOCTOR IMMEDIATELY.
Account Set-Up; User Account Names and Passwords. If you elect to sign up for the Research Study, you will need to create a user name and password to access the Research Study part of the Site. You may not share your user name and password with others.
Prohibited Uses/Activities. The following activities are prohibited with respect to your use of the Site : (a) using the Site or any content in a manner not permitted under these TOU; (b) using another user’s credentials to access and/or participate in the Research Study ; (c) submitting any content that you do not have the right to transmit, submit or access (as applicable); (d) taking any action using the Site that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory or racially, ethnically or otherwise objectionable, or encourage and/or assist others to engage in these activities; (e) interfering with, removing or modifying any terms and conditions or other Site Content and/or any part of the Site used for the operation and/or security of the Site ; (f) impersonating any person or entity, including, but not limited to, any CMU personnel, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (g) knowingly uploading, posting, emailing, transmitting or otherwise making available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfering with or disrupting the Site or servers or networks connected to the Site , or disobeying any requirements, procedures, policies or regulations of networks connected to the Site (including but not limited to those of any relevant third party service providers used in connection with the Site ); (i) taking Site Content from the Site and reformatting it and/or displaying it on any other website; and/or (j) exceeding the scope of the relevant user’s account authority with respect to the user’s use of the Site , for example, a user accessing and using features or content that the user does do not have the authority to use, or deleting, adding to, or otherwise changing content when you have not been granted the privileges to do so.
Revocation, Suspension or Termination of Accounts. CMU retains the right to revoke, suspend and/or terminate any or all user account privileges at any time in its sole and absolute discretion including, without limitation, for any violation of the TOU. To the extent your use of the Site is subject to an applicable consent to participate in the Research Study, you acknowledge that CMU may terminate your use of the Research Study portion of the Site if you withdraw your consent.
If you become aware that your user account has been or may be compromised or is being used in violation of these TOU, please notify CMU by contacting email@example.com as soon as possible so that CMU may de-activate the applicable account.
Features of the Site ; Use of Third Party Providers. The Site and software embodied within the Site may include security components that permit digital materials to be protected, and use of these materials may be subject to usage rules set by CMU. In addition, such features may include tools or other features designed to protect the integrity of certain materials, provide security-related features (such as automatically logging off a user after a period of inactivity) and/or to detect improper activity with respect to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. CMU may, at its discretion, use certain third party service providers to support portions of the Site (including but not limited to hosting services).
Use of Information. CMU has the right to access, preserve and/or disclose account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any submitted content violates the rights of third parties; (d) respond to your requests for assistance; or (e) protect the rights, property or personal safety of CMU, its users and/or the public. Further, CMU reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion. In addition, CMU has the right to use data and information obtained or collected through the Site to improve the Site and/or for research or other activities consistent with CMU’s status as a 501(c)(3) organization, provided that CMU removes individually identifiable information (if any) contained in such data or information.
International Use. If you are not a United States resident and you are accessing the Site from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
CMU’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information to and in the United States and/or other countries; (ii) if you are using the Site from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Site ; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject CMU or its affiliates to any registration requirement within such jurisdiction or country.
Notice to California Residents. BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." HOWEVER, IN NO EVENT ARE RESEARCH STUDY PARTICIPANTS RELEASING ANY LIABILITY OR CLAIMS WITH RESPECT TO THE MALPRACTICE, NEGLIGENCE, BLAME, FAULT, OR GUILT ON THE PART OF THOSE INVOLVED IN THE RESEARCH STUDY (INCLUDING CMU).
If the Site is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Site is:
Carnegie Mellon University
5000 Forbes Avenue
Pittsburgh, PA 15213
If the Site is deemed as electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” at the above address.
Disclaimer of Warranties. THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CMU, ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, CONTRACTORS (INCLUDING ANY THIRD PARTY PROVIDERS) AND SPONSORS (COLLECTIVELY THE “SITE PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND DUTIES, INCLUDING, WITHOUT LIMITATION: THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT YOU PROVIDE OR OTHERWISE OBTAIN ANY AND ALL INFORMATION, MATERIAL, DATA AND/OR OTHER CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND CMU IS NOT ASSUMING RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH ITEMS; PROVIDED THAT THESE TERMS DO NOT PRECLUDE YOU FROM PURSUING LEGAL ACTION TO SEEK COMPENSATION IN THE EVENT OF MALPRACTICE, NEGLIGENCE, BLAME, FAULT, OR GUILT ON THE PART OF THOSE INVOLVED IN THE RESEARCH STUDY (INCLUDING CMU). IN ADDITION, SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY; LIMITATION ON DAMAGES. UNDER NO CIRCUMSTANCES ARE CMU OR ANY OTHER SITE PARTIES BE LIABLE TO YOU, YOUR ORGANIZATION OR ANY USER ON ACCOUNT OF USE OR MISUSE OF OR RELIANCE ON THE SITE ARISING FROM ANY CLAIM FOR THE RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, (EVEN IF CMU AND/OR THE SITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); PROVIDED, HOWEVER, THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY CLAIMS DUE TO THE MALPRACTICE, NEGLIGENCE, BLAME, FAULT, OR GUILT ON THE PART OF THOSE INVOLVED IN THE RESEARCH STUDY (INCLUDING CMU).
Some states or other jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations and exclusions shall apply only to the extent permitted under applicable law.
Force Majeure. In the event CMU’s performance of its obligations is delayed or prevented directly or indirectly by acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, CMU may take additional time to perform commensurate with the delay or may elect to terminate account access as described in these TOU.
Permitted Users; No CMU Status or Credit Conferred. Using the Site does not confer any CMU course credit and/or any employment or student status at CMU.
Miscellaneous. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. CMU’s failure to act with respect to a breach by you or any other users does not waive CMU’s right to act with respect to subsequent or similar breaches. The failure of CMU to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms of these TOU. These TOU and any disputes related to them shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. All claims and/or controversies of every kind and nature arising out of or relating to these TOU, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination shall be settled (1) at CMU’s election, by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, in such case (a) the arbitration proceedings shall be conducted before a panel of three arbitrators, with each party selecting one disinterested arbitrator from a list submitted by the AAA and the two disinterested arbitrators selecting a third arbitrator from the list, (b) each party shall bear its own costs of arbitration, (c) all arbitration hearings shall be conducted in Allegheny County, Pennsylvania, and (d) the provisions hereof shall be a complete defense to any suit, action or proceeding instituted in any Federal, state or local court or before any administrative tribunal with respect to any claim or controversy arising out of or relating to these TOU and which is arbitrable as provided in these TOU, provided that either party may seek injunctive relief in a court of law or equity to assert, protect or enforce its rights hereunder (2) in the event that CMU does not elect binding arbitration as permitted in point (1) above, exclusively in the United States District Court for the Western District of Pennsylvania or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts. Notwithstanding any provision hereof, for all purposes of these TOU each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. You are agreeing to these TOU on behalf of yourself. You agree that, except as otherwise expressly provided in these TOU, there shall be no third-party beneficiaries to these TOU.
If you have a question about the Site or the Research Study, please contact CMU via email at firstname.lastname@example.org.