CONNECTED RESEARCH & CONSULTING
PANEL REGISTRATION CONSENT FOR HCPs and PATIENTS
Last Updated: June 29th, 2020
Thank you for your interest in joining the Connected Research and Consulting Panel (the “Panel”), operated by Connected Research and Consulting, LLC (referred to herein as “Connected,” “we,” “our,” or “us”).
If you do not agree to these Terms, you should not access the Services. Connected reserves the right to refuse, restrict, prohibit, or reject your access to the Services, at any time, for any reason.
Our collection and use of your personal information is also governed by our Privacy Notice, which is incorporated into these Terms by this reference.
Connected reserves the right to revise these Terms at any time. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.
Connected does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned in connection with the Services.
- USE OF THE SERVICES
We grant you a personal, limited, revocable, non-transferable, non-exclusive license to access and use the Services. We reserve the right, in our sole discretion and without notice to you, to change, suspend, add to, or discontinue any aspect of the Services, and we will not be liable to you or to any third party for doing so. Your continued use of the Services will constitute your acceptance of any such changes.
You may use the Services only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information in connection with your Panel membership, and are responsible for the consequences of such communications.
You agree you will not use the Services for any of the following purposes:
- Posting, communicating, or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate, or not your own (this includes all information you provide as part of the registration form for the Panel, research activities, surveys, and any other information that you submit to Connected Research in any medium);
- Engaging in conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Attempting to interfere in any way with Connected’s network security, or attempting to use the Services to gain unauthorized access to any other computer system;
- Using spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services;
- Manipulating the results of any survey or research project;
- Collecting any personal information of any other user of the Services;
- Opening, using, or maintaining more than one Panel membership;
- Forging or masking your true identity, using proxy servers, or engaging in any other activity that, in Connected’s sole and absolute discretion, suggests an effort to abuse the Services;
- Posting or transmitting any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate applicable laws; or
- Engaging in any fraudulent activity, including but not limited to speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, or redeeming or attempting to redeem rewards, prizes or incentives through false or fraudulent means.
You are responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately in the event of any unauthorized use of your account or other breach of security.
- ADDITIONAL TERMS AND CONDITIONS
You agree that additional terms and conditions may apply to specific research opportunities or specific uses of certain portions of the Services (“Additional Terms”). Such Additional Terms, if any, are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
- PANEL MEMBERSHIP
The Services are available to individuals who are [eighteen (18)] years and older, who have not been suspended or removed by Connected for any reason, and must fulfil at least one of the following criteria:
Patients: You are a patient (diagnosed by a medical professional) with a medical condition. We reserve the right to verify the information you provide during our survey qualification process, such as a photograph of your current prescription medication, photo identification and/or a letter of confirmation of diagnosis from your doctor. Any personal information provided for such verification will be retained for the data retention period noted in the consent form for the associated study. The Services are not a substitute for professional medical advice and provides only general medical information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any health issues you experience.
Healthcare professional: You are a qualified licensed and registered physician or other healthcare professional. We reserve the right to verify your status as licensed and registered healthcare professional via cms.gov, medical board directories and or other publicly available and applicable registries. In order to participate in our panel, you cannot be included on any of the following: the FDA debarment list, the OIG List of Excluded Individuals/Entities or any city or state level exclusion lists.
You acknowledge that you are accessing the Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
You can unsubscribe from our Panel at any time after joining by emailing us or calling us at the contact information below. You agree to notify Connected promptly of any changes in or to the information contained in your account profile. We reserve the right to revoke your membership for any reason at any time, including with limitation as a result of a violation of these Terms or applicable law, without notice. Membership is void where prohibited by law.
If you complete a market research study with Connected that includes a financial incentive, you will be compensated by either an e-check sent to your designated email account or as a hard copy check issued via postal mail to your designated address, for the incentive amount noted in the study invitation. You acknowledge and agree that you will not be compensated unless the applicable study is completed, and that whether a study is completed will be decided in our sole discretion.
We use a third party provider, Deluxe eCheck, to process our incentive payments and your personal information (name, email address and postal address) will be transferred to Deluxe eCheck in order to complete the fulfilment process. For more details on our incentive fulfilment process, please refer to our Privacy Notice.
- PROFESSIONAL PAYMENT DISCLOSURE REQUIREMENTS
Our incentive program is administered in accordance with federal, state and foreign laws, including Section 6002 of the Patient Protection and Affordable Care Act (also known as the “Physician Payments Sunshine Act”). You acknowledge and agree that Connected may, under certain limited circumstances, such as inadvertent disclosures of physician identities to study sponsors or certain state or international rules, be required by applicable law and regulation to disclose the existence of rewards redeemed, the terms of this redemption including financial terms, and the subject matter associated with each payment. To learn more, please contact us at at 844-401-4400 or via our online contact form.
- ADVERSE EVENT, PRODUCT QUALITY AND SPECIAL REPORTING SITUATIONS: REPORTING REQUIREMENTS
You acknowledge and agree that Connected may be required by applicable laws and regulations to follow-up with you if you mention an Adverse Event, Product Complaint or Special Reporting Situation (referred to herein as “AE/PC/SRS”) during your participation in a market research study.
We are committed to supporting our clients and the pharmaceutical and medical device manufacturers who sponsor the research in responding to requests for follow-up on the AE/PC/SRS within the timeframe required by the federal, state, and foreign laws and regulations which govern such matters.
By participating in our Panel, you are agreeing to be contacted via phone and/or email outreach by members of the Connected team to follow-up for additional details regarding the AE/PC/SRS referred to by you within a market research study.
You do have the right to refuse to provide additional details regarding the AE/PC/SRS including any personal information associated with you; however, a refusal does not override the requirement for us to report on the AE/PC/SRS mention to our clients and the pharmaceutical and medical device manufacturers who have sponsored the research. In case of your refusal, none of your personal information will be released as part of the reporting process.
- PROPRIETARY RIGHTS, NON-DISCLOSURE
You acknowledge and agree that the content (other than content that may be submitted by panelists), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Services are the property of Connected, our licensors, or our clients and are protected by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Services.
During the course of the market research studies you will participate in as a member of our Panel, confidential information may be shared with you as part of the study materials (“Confidential Information”). By joining our Panel, you acknowledge that all ideas and concepts discussed in any of our market research studies are considered Confidential Information. You agree that you shall not use, disclose, or reproduce the Confidential Information or discuss the Confidential Information with anyone. You further agree that you will not photograph, copy, or record any of the Confidential Information. You acknowledge and agree that any ideas, discoveries or inventions which you develop as a result of your participation in a research study will be the property of Connected or the research study sponsor, as applicable.
- SUBMITTED CONTENT
Connected does not claim ownership of any materials you make available through the Services, including but not limited to photos, videos, or written stories. With respect to any materials you submit or make available for inclusion on the Services, you grant Connected and Connected’s clients a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display (including but not limited to display for promotion purposes), modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including but not limited to text, images, music, or video) to which you do not have the full right to grant Connected the license specified above. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. Connected will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES. THE SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, OR ACCURACY.
SPECIFICALLY, BUT WITHOUT LIMITATION, CONNECTED DOES NOT WARRANT THAT: (1) THE INFORMATION WITH RESPECT TO THE SERVICES IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CONNECTED MAKES NO WARRANTIES OF ANY KIND REGARDING ANY THIRD-PARTY SITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THE SERVICES. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND CONNECTED MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY, OR SAFETY OF INFORMATION PROVIDED IN SUCH THIRD-PARTY SITES. CONNECTED DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES THROUGH THE SERVICES.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL CONNECTED, ITS AFFLIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF CONNECTED OR ANY OF THE RELATED PARTIES NAMED ABOVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF CONNECTED, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, ACTIONS BASED ON NEGLIGENCE) OR OTHERWISE, EXCEED THE THE LESSER OF: (A) THE AMOUNT OF INCENTIVES PAID TO YOU ON THE STUDY GIVING RISE TO YOUR CLAIM, OR (B) TWO HUNDRED AND FIFTY DOLLARS ($250.00).
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, ALL OF THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO ALL USERS.
- INTERNATIONAL USE
We control and operate the Services from the United States. We make no representation that materials on the Services are appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
- OPT-OUT POLICY
At any time, Panel members may opt out of the Services, including without limitation newsletters or other communications: (i) by following the unsubscribe procedures described on the Connected website or contained in any email received from Connected; or (ii) by contacting us as provided below. Connected shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. To opt-out, contact us at 844-401-4400 or via our online contact form.
UNLESS PROHIBITED OR RESTRICTED BY LAW AS AGAINST PUBLIC POLICY, ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE THE SERVICES OR THESE TERMS SHALL BE SUBMITTED TO ARBITRATION. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT, INCLUDING DISCOVERY AND RIGHTS TO APPEAL, ARE GENERALLY MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
ALL DISPUTES BETWEEN YOU AND CONNECTED, INCLUDING DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, OR YOUR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL, CONFIDENTIAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. YOU AND CONNECTED HEREBY EXPRESSLY WAIVE TRIAL BY JURY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK INTERIM RELIEF FROM ANY STATE OR FEDERAL COURT IN THE PARTY’S STATE OF RESIDENCE TO PROTECT THE PARTY’S INTELLECTUAL PROPERTY RIGHTS YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF.
THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IN ANY ARBITRATION, CONNECTED WILL PAY THE FILING, ADMINISTRATION, SERVICE OR CASE MANAGEMENT FEE, PLUS THE COSTS ASSOCIATED WITH THE FIRST DAY OF ARBITRATION, WITH THE REMAINING COSTS TO BE PAID BY THE NON-PREVAILING PARTY. UNLESS INCONSISTENT WITH APPLICABLE LAW, EACH PARTY SHALL BEAR THE EXPENSE OF THEIR RESPECTIVE ATTORNEYS’, EXPERTS’ AND WITNESS FEES, REGARDLESS OF WHICH PARTY PREVAILS IN THE ARBITRATION.
- CLASS ACTION WAIVER
UNLESS RESTRICTED OR PROHIBITED BY LAW AS AGAINST PUBLIC POLICY, ANY ACTION UNDER OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BEFORE A JUDGE OR JURY OR PURSUANT TO JUDICIAL REFERENCE, WILL TAKE PLACE ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE TERMS. REGARDLESS OF ANYTHING ELSE HEREIN, THE VALIDITY AND EFFECT OF THE CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A COURT.
- GOVERNING LAW AND VENUE
Arbitration shall take place in Miami, Florida, but may proceed telephonically if the parties so agree. These Terms shall be governed and enforced by applicable laws of the State of Florida, without regard to conflict of law provisions thereof.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation or application of these Terms. Connected’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent Connected from enforcing any subsequent breach by you of these Terms.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
- CONTACT US
To contact us with any questions or concerns in connection with these Terms or the Services, please contact us at 844-401-4400 or via our online contact form.