Terms and Conditions of Use for OnTimePoint

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ONTIMEPOINT.

In this document: “Us”, “Our,” and “We” means Salimetrics, LLC and its affiliates, and “You” and “Your” means you, the user.

By using OnTimePoint™, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, please refrain from using OnTimePoint™ (“OTP”) and delete it from any of your devices.

Salimetrics LLC (“Salimetrics”), the developer of OTP may revise and update these Terms and Conditions at any time. Your continued usage of OTP will mean you accept those changes.

OnTimePoint™ Does Not Provide Medical Advice

The contents of OTP, such as text, graphics, images, and other materials created by Salimetrics or obtained from Salimetrics licensors, and other materials contained on OTP (collectively, “Content”) are for informational purposes only. OTP does not provide medical advice, and if you feel that you need medical advice, you should seek the advice of your physician or other qualified health provider. Never ignore the advice of medical professionals because of information transmitted to you through OTP. Any interaction with researchers via OTP should not be considered medical advice.

Salimetrics does not recommend any course of medical treatment in conjunction with OTP. Reliance on any information provided through OTP is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that OTP is not intended or designed to attract or be used by children under the age of 13.

Use of the Software

You may not use OTP for any purposes prohibited by applicable local, state, or federal laws or regulations. You agree that your use of OTP shall be in compliance with all local, state, and federal laws or regulations applicable in any appropriate jurisdiction, including but not limited to the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. § 301 et seq.; the Health Information Portability and Accountability Act of 1996, as amended, Pub.L. 104-191; and the Health Information Technology for Economic and Clinical Health Act, as amended, Pub L. 111-5. You must be in compliance with all requirements regarding studies on human subjects including those dealing with submission to an Institutional Review Board found at 42 U.S.C. § 289; 45 CFR § 46.101 et seq; 45 CFR 50; and 21 CFR 56.

OTP is intended to access the internet via your mobile data plan or Wi-Fi connection. OTP shall not be responsible for any data overages or other charges from your mobile phone or telecommunications provider because of your use of OTP.

All Rights, Title, and Interest to the Content remains with Salimetrics or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Salimetrics. All rights not expressly granted herein are reserved to Salimetrics and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Salimetrics and Its Licensors

The use of OTP and all Content is at your own risk.

When using OTP, information will be transmitted over a medium that may be beyond the control and jurisdiction of Salimetrics, OTP and their suppliers. Accordingly, Salimetrics and OTP assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of OTP.

OTP and the Content are provided on an “as-is” basis. SALIMETRICS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Salimetrics and OTP, its licensors, and its suppliers make no representations or warranties whatsoever in regard to OTP.

FitBit Integration

Salimetrics supports that consumer wearable devices can add additional value to many research datasets. Salimetrics makes no claims to the accuracy and availability of information supplied by and through Fitbit® hardware and software.  Investigators should appropriately utilize and validate this device to decide when, if, and how this data should be validated and interpreted within study results.

Access

Data will be maintained within the OnTimePoint™ system for a period of (187) days after a study is completed or if no sample collection activity is reported over a period of 187 days. The account holder will receive notice(s) to export study data upon completion of the study and will have an additional 187 days before the data is removed from the OnTimePoint database.

In no event shall Salimetrics and OTP, its licensors, its suppliers, or any third parties mentioned on OTP be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use OTP or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Salimetrics, its licensors, its suppliers, or any third parties mentioned on OTP are advised of the possibility of such damages. Salimetrics, its licensors, its suppliers, or any third parties mentioned on OTP shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Salimetrics, its licensors, its suppliers, or any third parties mentioned on OTP are not liable for any personal injury, including death, caused by your use or misuse of OTP. Any claims arising in connection with your use OTP must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Privacy

Any personal information you submit to Salimetrics is governed by the Salimetrics Research Privacy Policy and Salimetrics Participant Privacy Policy. To the extent there is an inconsistency between this Agreement and the Salimetrics Privacy Policies, this Agreement shall govern.

Accounts

Salimetrics has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Salimetrics passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in credentials; (2) authorize, monitor, and control access to and use of your OTP account and password; (3) promptly inform Salimetrics if you believe your sign in credentials have been compromised or if there is any other reason you need to deactivate a password. You may contact us with any account related questions by emailing us at ontimepoint@salimetrics.com. You grant Salimetrics and all other persons or entities involved in the operation of the Site the right to transmit and use the information you provide via OTP in connection with the operation of your research program. Salimetrics cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Salimetrics tools and services.

Indemnity

You agree to defend, indemnify, and hold Salimetrics, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of OTP, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, (d) any liability arising out of your violation of any applicable law including but not limited to those detailed above; or (e) your violation of these Terms and Conditions.

General

Salimetrics is based in State College, Pennsylvania in the United States of America. Salimetrics makes no claims that Salimetrics or any information contained in the application or other Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the OTP application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Salimetrics, or in any way relating to your use of OTP, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the Court of Common Pleas of Centre County, Pennsylvania, or the United States District Court for the Middle District of Pennsylvania, Williamsport Division in connection with any such dispute including any claim involving Salimetrics or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the application infringe your copyright, you may request removal of those materials (or access thereto) from OTP by contacting Salimetrics’ copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Salimetrics’ agent for copyright issues relating to this application is as follows:

Salimetrics, LLC
Attn: Office of Privacy
101 Innovation Blvd; Suite 302
State College, PA 16803
ontimepoint@salimetrics.com
Or call: 814-234-7748

Any notices issued pursuant to these Terms and Conditions must be made in writing.

Complete Agreement

Except as expressly provided in a particular “legal notice” on OTP, these Terms and Conditions, the Salimetrics Research Privacy Policy and the Salimetrics Participant Privacy Policy constitute the entire agreement between you and Salimetrics with respect to the use of OTP, and Content.

Thank you for your cooperation. Questions or comments regarding OTP, including any reports of non-functioning aspects of the App or any other technical support questions, should be submitted using our Contact Form at https://salimetrics.com/contact/or via U.S. mail to: Salimetrics, LLC Office of Privacy, 101 Innovation Blvd., Suite 302, State College, PA 16803.