Last modified: December 20, 2021
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Versiti, Inc. d/b/a Versiti Clinical Trials’ (“Versiti Clinical Trials,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
- www.Versiticlinicaltrials.org (our “Website”); and
- the services made available through our Website (the “Services”).
The Services and our Website are collectively referred to as our “Platform.”
Your compliance with these Terms of Use is a condition to your use of our Platform. If you are using our Platform on behalf of your employer, company, or organization (the “Organization”), you represent and warrant that you have the authority to accept these Terms of Use and our Privacy Policy on behalf of the Organization. If you (and your Organization, if applicable) do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services and you should promptly exit and cease using this Website. The terms “you,” “your,” etc. refers to both you as an individual user and your Organization (if applicable).
BINDING ARBITRATION. These Terms of Use provide that all disputes between you and Versiti Clinical Trials that in any way relate to these Terms of Use or your use of our Website, the Services, and/or the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Agreement to Arbitrate for the details regarding your agreement to arbitrate any disputes with Versiti Clinical Trials.
You agree that information provided by you in connection with the Platform and the Services shall be governed by our Privacy Policy, which is hereby incorporated and made part of these Terms of Use. Please review our Privacy Policy for a description of our privacy practices.
The Platform and its entire contents, features, and functionality (including, but not limited to, all data, files, documents, texts, photographs, displays, images, audio and video, software, and any materials accessed through or made available for use or download through the Platform) are owned by Versiti Clinical Trials, or its licensors, suppliers, or other providers of such material, as applicable, and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
These Terms of Use permit you to use the Platform for legitimate business purposes, namely for facilitating clinical trial studies run by sponsors, ordering kits and clinical supplies, reviewing and approving research involving human subjects, and/or providing operational services for our Platform (each, a “limited business purpose”).
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download a reasonable number of pages of Content available on the Platform for your own personal, non-commercial use or limited business purpose(s), and not for further reproduction, publication or distribution. Permission to reprint or electronically reproduce any such Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from Versiti Clinical Trials.
Content may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Versiti Clinical Trials. Any use of Content that is not in accordance with these Terms of Use is strictly prohibited. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Versiti Clinical Trials without our express written consent.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any Content on the Platform is transferred to you, and all rights not expressly granted are reserved by Versiti Clinical Trials. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
You must not access or use any part of the Platform or any Services, Content, or other materials available through the Platform for any commercial purposes, other than the limited business purposes described in these Terms of Use. You hereby agree that you will not reverse engineer, break into the Platform, or use Content from the Platform to violate the law.
The Content of the Platform is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Versiti Clinical Trials does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Platform. Reliance on any information appearing on the Platform, whether provided by Versiti Clinical Trials, its content providers, its clients, visitors to the Platform or others, is solely at your own risk.
In order to access certain Services on our Platform via portals, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at privacyofficer@versiti.org or call us at (414) 937-6418.
If you create a Versiti Clinical Trials account through the Platform or with Versiti Clinical Trials to access the Platform or a portion thereof, you agree to (a) provide, true, accurate, current, and complete information when establishing your account (“Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
Your account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under your Versiti Clinical Trials account or using your Versiti Clinical Trials account credentials. You agree to (a) protect the confidentiality of your account credentials; (b) not share or disclose your account credentials to any third party; (c) prohibit anyone else from using your account credentials; and (d) immediately notify Versiti Clinical Trials of any actual or suspected unauthorized use of your Versiti Clinical Trials account or other security concerns of which you become aware. Your access to the Platform may be revoked by Versiti Clinical Trials at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers, or bypass other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. Versiti Clinical Trials will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform.
Although Versiti Clinical Trials attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform or the Content. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Versiti Clinical Trials so that it can be corrected. Versiti Clinical Trials reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Versiti Clinical Trials shall have no responsibility or liability for Content posted to the Platform from any non-Versiti Clinical Trials affiliated third party.
Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that we will accept your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your accounts on the Platform may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified through our credit and fraud avoidance practices. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method has been charged, we will issue a credit to you in the amount of the charge to your original form of payment.
Quantity Limits
We reserve the right, at our sole discretion, to limit the quantity of purchases through the Platform. We will provide notification if such limits are applied.
Typographical Errors and Incorrect Pricing
In the event of any incorrect pricing due to typographical error or error in pricing information received from third parties on our Platform, we shall have the right to refuse or cancel any orders placed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method has been charged. If your payment method has already been charged and your order is canceled, we shall promptly issue a credit to your original payment method in the amount of the incorrect price.
You agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold harmless Versiti Clinical Trials and its affiliates for any and all claims, demands, damages, costs, fines, penalties, attorneys’ fees, and all other expenses arising from your failure to comply with this provision and/or applicable export control, anti-boycott, or economic sanctions laws and regulations.
We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Versiti Clinical Trials website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Versiti Clinical Trials website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.
THE PLATFORM AND ALL OF ITS CONTENTS AND INFORMATION AND ANY PLATFORM-RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WHILE WE TRY TO KEEP THE INFORMATION ON THE PLATFORM AS ACCURATE AS POSSIBLE, WE DISCLAIM ANY WARRANTY REGARDING ITS ACCURACY, TIMELINESS, COMPLETENESS, QUALITY, OR ACCURACY FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT ACCESS TO OR USE OF THE PLATFORM OR PLATFORM-RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE PLATFORM OR PLATFORM-RELATED SERVICES WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR USING THE PLATFORM, PLATFORM-RELATED SERVICES, THE INFORMATION ON THE PLATFORM, AND LINKED WEBSITES, AND YOU UNDERSTAND AND AGREE THAT VERSITI CLINICAL TRIALS, ITS AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM SUCH USE BY YOU OR ANY OTHER USER.
VERSITI CLINICAL TRIALS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD THROUGH THE PLATFORM WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. VERSITI CLINICAL TRIALS DOES NOT WARRANT THAT FILES OR MATERIAL UPLOADED BY VERSITI CLINICAL TRIALS, YOU OR ANY OTHER USER THROUGH OR TO THE PLATFORM WILL BE AVAILABLE, ACCURATE, COMPLETE, OR FREE FROM ERRORS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
PRODUCTS OR SERVICES OFFERED, SOLD, AND/OR DISTRIBUTED BY VERSITI CLINICAL TRIALS MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS AND SEPARATE WARRANTY TERMS, IF ANY, WILL BE PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
VERSITI CLINICAL TRIALS SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. VERSITI CLINICAL TRIALS AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR LINKED WEBSITES, IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF VERSITI CLINICAL TRIALS TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS FIVE HUNDRED DOLLARS ($500). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS OR CLAIMS THAT LIMIT THE EFFICACY OF THE LIMITATIONS ON VERSITI CLINICAL TRIALS’ LIABILITY AND THE INDEMNIFICATIONS AND/OR RELEASES SET FORTH IN THESE TERMS OF USE.
You agree to indemnify, defend, and hold harmless Versiti Clinical Trials, its affiliates, officers, directors, employees, third party licensors, contractors, and agents (the “Indemnitees”) from and against all third party claims, losses, expenses, damages, and costs, including, without limitation, lost wages, revenue, or business and reasonable attorneys’ fees, expert fees, and court costs, against or incurred by the Indemnitees arising directly or indirectly out of or in connection with: (a) your access to and/or use of the Content, the Website, the Platform, or other products and Services available on or through the Website or Platform; (b) any Content that you submit, post to, or transmit through the Platform; (c) your breach of these Terms of Use or our Privacy Policy; (d) your noncompliance with applicable law; (e) any unauthorized access to the Platform by a party using your User ID and password or other credentials to your Versiti Clinical Trials account; or (f) your violation of any rights of any third party.
We will try work in good faith to resolve any issue you have with the Platform, including any products purchased on the Platform (such as kit orders), if you bring that issue to the attention of your Project Manager contact at Versiti Clinical Trials, the designated point of contact listed in the order confirmation email that you receive from us, or our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to an individual’s satisfaction.
You and Versiti Clinical Trials agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including donations and purchases made through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Versiti Clinical Trials are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Versiti Clinical Trials.
If you desire to assert a claim against Versiti Clinical Trials, and you therefore elect to seek arbitration, you must first send to Versiti Clinical Trials, by certified mail, a written notice of your claim (“Notice”). The Notice to Versiti Clinical Trials should be addressed to: Versiti, Inc., 638 North 18th Street, Milwaukee, Wisconsin 53233, Attention: Legal Notices (“Notice Address”). If Versiti Clinical Trials desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Versiti Clinical Trials, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Versiti Clinical Trials and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Versiti Clinical Trials may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Versiti Clinical Trials or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Versiti Clinical Trials receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Versiti Clinical Trials and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Versiti Clinical Trials’ last written settlement offer made before an arbitrator was selected (or if Versiti Clinical Trials did not make a settlement offer before an arbitrator was selected), then Versiti Clinical Trials will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND VERSITI CLINICAL TRIALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Versiti Clinical Trials agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for located in and for Milwaukee, Wisconsin in accordance with Wisconsin law, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The Platform is made available at the sole discretion of Versiti Clinical Trials. Versiti Clinical Trials reserves the right to modify, withdraw, suspend, or discontinue, either temporarily or permanently, any functionality or feature of the Platform or any part thereof without notice. Versiti Clinical Trials is not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier and is not responsible for maintaining information arising from use of the Platform. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Platform in accordance with our internal record retention or destruction policies.
Revisions; General
Versiti Clinical Trials’ failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Versiti Clinical Trials nor trade practice shall act to modify any provision of these Terms of Use. Versiti Clinical Trials reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. The provisions of these Terms of Use are severable. In the event that any provision hereof is held to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between Versiti Clinical Trials and you pertaining to the subject matter hereof. Versiti Clinical Trials reserves the right to modify these Terms of Use in its sole discretion. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. All rights not expressly granted by these Terms of Use are reserved by Versiti Clinical Trials.
How to Contact Us:
Versiti, Inc. d/b/a Versiti Clinical Trials
638 North 18th Street
Milwaukee, Wisconsin 53233
Attention: Privacy Officer
Telephone: 414-937-6418
Email: privacyofficer@versiti.org