TERMS OF SERVICE

SUMMARY

  • We only share your contact details when you explicitly contact a trial. If you choose to opt into our registry, we will share an anonymous version of your profile.

  • Study sponsors, not Power, are responsible for the safety of trial protocol and the validity of listing information.

  • We make every effort to share as much data with you as possible, but nothing present on Power should be treated as medical advice.

USE OF DATA

Power does not make any warranties, expressed or implied, with respect to data contained in our database, and, furthermore, assumes no liability for any party's use, or the results of such use, of any part of the database.

DISCLAIMER

Listing a study on this site does not mean it has been evaluated by Power. The safety and scientific validity of a study listed on Power is the responsibility of the study sponsor and investigators. Know the risks and potential benefits of clinical studies and talk to your health care provider before participating.

Power aggregates data from clinical research studies sponsored or funded by a broad range of public and private organizations around the world. Not all studies listed on Power are funded by the National Institutes of Health (NIH) or other agencies of the U.S. Federal Government. Not all listed studies are regulated and/or reviewed by the U.S. Food and Drug Administration or other governmental entities.

Information on Power is provided by study sponsors and investigators, and they are responsible for ensuring that the studies follow all applicable laws and regulations. Power does not verify the scientific validity or relevance of the submitted information beyond a limited quality control review for apparent errors, deficiencies, or inconsistencies.

Choosing to participate in a study is an important personal decision. Before you participate in a study, discuss all options with your health care provider and other trusted advisors.

GENERAL

THESE TERMS OF SERVICE (THESE “TERMS”) GOVERN YOUR USE OF THE WEBSITES AND MOBILE APPLICATIONS OWNED AND OPERATED BY Power CORP. (“Power”, "Company", “WE”, “US” OR “OUR”), INCLUDING WWW.WITHPOWER.COM (COLLECTIVELY, THE “SERVICE”). BY USING OR DOWNLOADING THE SERVICE, YOU: (A) AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE; AND (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

These Terms may be updated from time to time without notice to you. Your use of the Service after the Terms have been updated shall constitute acceptance by you of any modifications, additions or deletions to the Terms caused by such update. You may refer to the most current version of these Terms at any time by returning to this web page or section of the mobile application.

You can search for Studies and sign up to be a candidate through Power. In order to become a candidate for a particular study, you will need to provide your name, email address, and phone number (collectively, your “Personal Data”). Power uses your Personal Data to connect you with studies. We may also use your Personal Data for any other purposes described in our Privacy Policy. When you sign, we will keep your Personal Data for up to four years. After that time, we may reach out to you by email or phone and ask if you would like us to continue to keep your Personal Data on file so that you can continue to be a Candidate for other Studies. If we do not contact you, or you tell us that you do not want to continue to be a Candidate, we will delete your Personal Data as described in our Privacy Policy.

WE DO NOT PROVIDE MEDICAL ADVICE

The Service does not provide medical advice. If you think you have a medical emergency, call your health care provider or 911 immediately. YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SERVICE OR SENT TO YOU VIA EMAIL AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ARE ENCOURAGED TO SEEK PROFESSIONAL MEDICAL DIAGNOSIS AND TREATMENT FOR ANY MEDICAL CONDITION, AND TO DISCUSS INFORMATION ABOUT/FROM THE SERVICE WITH YOUR HEALTHCARE PROVIDER. INFORMATION PROVIDED ON THE SERVICE AND VIA EMAIL IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS IN NO WAY INTENDED TO SUBSTITUTE CONSULTING A MEDICAL PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. YOUR USE OF INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SERVICE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. RESULTS GENERATED FROM OUR DATABASE ARE NOT, AND SHOULD NOT BE CONSIDERED AS, MEDICAL ADVICE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR ON THE SERVICE, ON LINKS REACHED THROUGH THE SERVICE, OR OR ON LINKS SENT TO YOU VIA EMAIL. If you rely on any of the information provided by the Service, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the Service with your healthcare provider. We have no control over, and cannot guarantee the availability of any research study at any particular time. We will not be liable for cancelled research studies or your inability to participate in studies or any injury resulting there from. Studies presented on the Service may not be approved by the participating medical center's institutional review board, may be cancelled, or may not be enrolling patients.

Operation and Record Retention

Power reserves complete and sole discretion with respect to the operation of withpower.com. The Service reserves the right, in its sole discretion, to immediately modify, suspend or terminate Services and/or your access to some or all of them without cause and without notice. Power is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Violations of the operating policies or other provisions of this Agreement may also result in termination or suspension of the Service. Power is not responsible for maintaining data arising from use of its services. Power reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the site.

WARRANTY DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Power NOR ANY PERSON ASSOCIATED WITH Power MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER Power NOR ANYONE ASSOCIATED WITH Power REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Power HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS ON USE

You agree not to access or use the Power website in an unlawful way or for any unlawful purpose or for any purposes other than its intended purposes. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of Power or any of its users. Power reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

POWER LOCAL PATIENTS REGISTRY

Anyone who lives in the United States can join Power’s Local Patients Registry as a Volunteer. You do not have to be diagnosed with a health condition to be a Power’s Local Patients Registry Volunteer. If you decide to join, you will be asked if you are registering for yourself or someone else as their guardian when submitting the Volunteer registration form. A parent, legal guardian, or caregiver can register someone under the age of 18. They can also register an adult that is not able to enter his or her own information.

By agreeing to this Volunteer Agreement, you willingly agree to let Power’s Local Patients Registry use and share your de-identified data as described here and in the Power Privacy Policy. You also agree to let Power’s Local Patients Registry access, keep or share your registration information if required to do so by law or in the good faith belief that it is necessary to: i) enforce the terms of this Volunteer Agreement or the site’s Terms of Us, ii) respond to your requests for customer service, or iii) comply with federal, state or local legal process

Power’s Local Patients Registry does not promise that researchers will contact you about studies through the Power’s Local Patients Registry system. Power’s Local Patients Registry does not support any specific research, research institution, or study. Receiving study recruitment invitations does not mean Power’s Local Patients Registry has reviewed the study, although all researchers on the platform will have verified their affiliation with at least one study approved for listing on clinicaltrials.gov. It also does not mean that Power’s Local Patients Registry recommends that you participate in that study.

Power’s Local Patients Registry will only give your contact information to researchers when you opt to contact them. Once you have said it is okay to release your contact information, Power’s Local Patients Registry no longer manages the connection between you and your research study. Power’s Local Patients Registry is not responsible for how your contact information is handled by the research study. If you ask Power’s Local Patients Registry to release your information, and you have questions or concerns about a particular study, you can contact the researcher and/or that study’s Institutional Review Board.

You are able to remove your personal information from Power’s Local Patients Registry at any time by going to your profile and selecting this option. If you have already released your information to some researchers or study databases, removing yourself from Power’s Local Patients Registry does not mean that your contact information will be removed from these other places. It only means that future researchers and studies will no longer have access to your profile when looking for people who match their study in the Power’s Local Patients Registry.

LIMITATION OF LIABILITY

IN NO EVENT WILL Power, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Power TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Power, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your user content, any use of the Service's Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

GOVERNING LAW

These Terms shall be governed by the laws of the State of Massachusetts without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Middlesex County, Massachusetts in all disputes arising out of or relating to the use of the Service or these Terms and you hereby waive any right to claim that such courts constitute an inconvenient forum for such disputes. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph.

NO CLASS ACTION

You may only resolve disputes with Power on an individual basis, and you hereby waive your right to bring a claim as a plaintiff or participate in a class member in a class, consolidated or representative action, against Power. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

MISCELLANEOUS

The Service is intended for use only within the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Power's provision of the Service and these Terms are participant to existing laws and legal process, and nothing contained in these Terms is in derogation of Power's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service and or information provided to or gathered by Power with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. Unless otherwise specified herein, these Terms and the accompanying Power Privacy Policy constitute the entire agreement between you and Power with respect to the Service and it supersedes all prior communications and agreements, whether electronic, oral or written, between you and Power with respect to the Service.