PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These Terms and Conditions of Use describe the terms and conditions of ProSciento, Inc. and its subsidiaries (“us,” “we,” or “ProSciento”) that apply in connection with the www.prosciento.com website and any other website that we own or control and which refers to this Notice (this “Website”), or any services provided in connection with this Website (the “Service”), such as phone, email, SMS text or any other online service platform. By using this Website, you agree to the Terms and Conditions of Use set forth below. If you do not agree to all of these Terms and Conditions of Use, please exit this Website.
ProSciento, Inc. may modify this Website, and the rules and regulations governing its use at any time and without notice, simply by posting a change, update or modification on this Website. Any such change, update or modification will be effective immediately upon posting on this Website. Your continued use of this Website after any such change, update or modification is made deems your acceptance of such change, update or modification.
The content of this Website is intended to be a general information resource in regard to the subject matter covered, but it is provided solely on an “AS IS” and “AS AVAILABLE” basis. ProSciento, Inc. is not engaged in rendering medical or other professional services or advice via this Website, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe ProSciento, Inc. publication of this content as an endorsement by ProSciento, Inc. of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the content.
1. Binding Effect. These Terms and Conditions of Use constitute a binding agreement (“Agreement”). By using this Website or Service, you agree to abide by these Terms and Conditions of Use, as such Terms and Conditions of Use may be amended by ProSciento, Inc. from time to time in its sole discretion. It is your responsibility to review these Terms and Conditions of Use periodically; and, if at any time you find that these Terms and Conditions of Use are unacceptable, you must immediately leave this Website and cease all use of the Service and this Website. YOU AGREE THAT, BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. Notice Concerning Children. This Website is a general audience website, and we do not direct any of our content specifically at children who are under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Website user is under age thirteen (13), we will promptly delete any personal information.
3. Privacy Notice. Privacy Notice. ProSciento, Inc. respects your privacy and, to the extent practicable and in accordance with applicable laws, permits you to exercise certain rights regarding our use of your personal information. A complete statement of ProSciento’s current Privacy Notice can be found by clicking here.
When you open an account to use or access this Website or the Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You also will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify ProSciento, Inc. immediately upon any unauthorized use of your account, username, or password. ProSciento, Inc. shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by ProSciento, Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. Use of Software. ProSciento, Inc. may make certain software available to you from this Website. If you download software from this Website, the software, including all files and images contained in or generated by the software, including any accompanying data (collectively, “Software”), are deemed to be licensed to you by ProSciento, Inc. only for your personal and noncommercial use. ProSciento, Inc. does not transfer either the title or the intellectual property rights to the Software, and ProSciento, Inc. retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by ProSciento, Inc. or its licensors, and you may not copy or use them in any manner.
5. Use of Communication. ProSciento, Inc. may, in accordance with its Privacy Notice, use your contact information collected to communicate with you, including to send you information about clinical trial participation, upcoming clinical trial opportunities, send you marketing and promotional communications, and respond to your inquiries. This includes:
- Contact information, including your name, date of birth, email address, and telephone number, including mobile number for SMS messages.
- Health information, such as information about clinical trials, information relevant to eligibility for those trials, and information related to a disease or medical condition.
- Geographic information, including your country of residence.
- Correspondence you send to us.
SMS Text Messaging Terms of Service (“SMS Terms”)
When you opt-in to one of our SMS Text Messaging Services (“SMS Program”), we will send you an SMS message to confirm your signup. In accordance with the SMS Program for which you register, we will send you notifications about clinical trial participation, upcoming clinical trial opportunities, marketing and promotional communications, and respond to your inquiries. When you sign up for an SMS Program, we will send the messages for which you registered even if your mobile number is registered on any state or federal Do Not Call list. If you do not agree to these SMS Terms, do not sign up for text messages. You understand that you do not have to sign up for SMS Programs in order to make any purchases, and your consent to an SMS Program is not a condition of any purchase with ProSciento. Your participation in SMS Programs is completely voluntary.
- Text GET STARTED to 68412 to start the process. We will send you a message with your next steps to see if this study is the right fit for you. Message and data rates may apply. Text “HELP” for support. Text “STOP” to cancel.
- Text “STOP” to 68412 to no longer receive messages from us, after which we will send a text message to confirm that you have been unsubscribed.
- For support, text “HELP” to 68412.
- Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Neither we nor the carriers are responsible for delayed or undelivered messages.
- ProSciento, Inc. does not share the SMS opt-in consent to any 3rd party organizations.
As always, message and data rates may apply for any messages sent to you from us and to us from you. We are not responsible for such fees. If you have any questions about your text plan or data plan, please contact your wireless provider. Your provider may restrict or prohibit certain mobile features and certain mobile features may be incompatible with your provider or mobile device.
You acknowledge that you are at least eighteen years of age and you have the consent of the wireless account holder to sign up for text messages and pay for any related fees. We may use an automatic dialing system or automated number selection system to send you text messages. Neither we nor the carriers are liable for any delays or failures in the receipt of any text messages. Delivery is subject to effective transmission from your wireless provider. You are responsible for updating your number with us and ensuring your account information is correct. Messages may be sent via SMS or MMS messaging. Text messages may be promotional or transactional (in response to your participation in a trial or study, for example) in nature. For each transaction, we may send approximately 5-10 messages.
For all questions about our SMS Programs or the services provided by this short code, please email hello@myproscientostudy.com
If you have any questions regarding privacy, please visit our Privacy Notice.
6. User Content. You grant to ProSciento, Inc. a license to use the materials that you post to this Website or the Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to this Website or the Service, you are granting to ProSciento, Inc., its affiliates, officers, directors, employees, consultants, agents and representatives the irrevocable right to use, copy, modify, publish, perform, transmit, display, reproduce, edit, translate and reformat such User Content via any media in accordance with ProSciento’s Privacy Notice, and you waive any moral rights that you may have in such User Content. Subject to ProSciento’s Privacy Notice, ProSciento, Inc. shall be free to use User Content, including any ideas, concepts, know-how or techniques contained in such User Content, for any reason whatsoever. You will not be compensated for any User Content. You agree that ProSciento, Inc. may publish or otherwise disclose your name in connection with your User Content. By posting User Content on this Website or the Service, you warrant and represent that you own the rights to the User Content, or are otherwise authorized to post, distribute, display, perform or transmit User Content.
7. Compliance with Intellectual Property Laws. When accessing this Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and this Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
8. Inappropriate Content. You agree not to upload, download, display, perform, transmit or otherwise distribute or make available any Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. ProSciento reserves the right to terminate your receipt, transmission, or other distribution of any such Content using the Service, and, if applicable, to delete any such Content from its websites or servers. ProSciento, Inc. intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or of any applicable laws.
9. Copyright Infringement. ProSciento, Inc. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on this Website or with the Service. ProSciento, Inc. has adopted a policy that provides for the immediate suspension and/or termination of any Website or the Service user who is found to have infringed on the rights of ProSciento, Inc. or of a third-party, or otherwise violated any intellectual property laws or regulations. ProSciento’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third-party have been violated, and you want ProSciento, Inc. to delete, edit or disable the material in question, you must provide ProSciento, Inc. with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit ProSciento, Inc. to locate the material; (d) information reasonably sufficient to permit ProSciento, Inc. to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, it must be received by:
ProSciento, Inc.
6160 Cornerstone Ct. E, Suite 200, San Diego, CA 92121
Attention: Compliance Officer
10. Alleged Violations. ProSciento, Inc. reserves the right to terminate your use of the Service and/or this Website at any time in its sole discretion. To ensure that ProSciento, Inc. provides a high-quality experience for you and for other users of this Website and the Service, you agree that ProSciento, Inc. or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of this Website or the Service. ProSciento, Inc. does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ProSciento, Inc. reserves the right to terminate your account or your access to this Website immediately, with or without notice to you, and without liability to you, if ProSciento, Inc. believes that you: (a) have violated any of the Terms and Conditions of Use; (b) furnished ProSciento, Inc. with false or misleading information; or (c) interfered with the use of this Website or the Service by others.
11. NO WARRANTIES. PROSCIENTO HEREBY DISCLAIMS ALL WARRANTIES. PROSCIENTO IS MAKING THIS WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROSCIENTO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PROSCIENTO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELEVANCE OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. PROSCIENTO DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT THAT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
12. LIMITED LIABILITY. PROSCIENTO’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL PROSCIENTO BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, THIS SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PROSCIENTO. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
13. Affiliated Websites and Links. ProSciento, Inc. has no control over, and no liability for any third-party Websites or materials. From time to time, ProSciento, Inc. may work with a number of partners and/or affiliates whose Internet websites may be linked with this Website. Because neither ProSciento, Inc. nor this Website has control over the content and performance of these third-party websites, ProSciento, Inc. makes no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and ProSciento, Inc. assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time, in connection with your use of this Website, you may have access to content items (including, but not limited to, other websites) that are owned by third parties. You acknowledge and agree that ProSciento, Inc. makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third-party content. Unless otherwise set forth in a written agreement between you and ProSciento, Inc., you must adhere to ProSciento’s linking policy, which is as follows: (i) any link to this Website must be a text only link clearly marked “ProSciento, Inc. Website;” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ProSciento’s names and trademarks; (iii) the link must “point” to http://www.prosciento.com and not to other pages within this Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ProSciento, Inc.; (v) when selected by a user, the link must display this Website on full-screen and not within a “frame” on the linking website; and (vi) ProSciento, Inc. reserves the right to revoke its consent to the link at any time and in its sole discretion.
14. Prohibited Uses. ProSciento, Inc. imposes certain restrictions on your permissible use of this Website and the Service. You are prohibited from violating or attempting to violate any security features of this Website or the Service, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, this Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Website or the Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using this Website or the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ProSciento, Inc. in providing this Website or the Service. Any violation of system or network security may subject you to civil and/or criminal liability.
15. Indemnity. You agree to indemnify ProSciento, Inc. for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless ProSciento, Inc. its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of this Website, your violation of these Terms and Conditions of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. ProSciento, Inc. will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. Copyright. This Website is protected by U.S. and foreign copyright laws. Except for your information and personal, non-commercial use as authorized herein, you may not modify, reproduce or distribute the design or layout of this Website, or individual sections of the design or layout of this Website, or any of the content within this Website without ProSciento’s prior written permission.
17. Governing Law. These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California, USA in all disputes arising out of or related to the use of this Website or the Service.
18. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, then all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. No License. Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by ProSciento, Inc. or by any third-party.
20. California Use Only. This Website is controlled and operated by ProSciento, Inc. from its offices in the State of California. ProSciento, Inc. makes no representation that any of the materials or services to which you have been given access to are available or appropriate for use in other locations. Your use of, or access to, this Website should not be construed as ProSciento purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21. Modifications. ProSciento, Inc. may, in its sole discretion and without prior notice: (a) revise these Terms and Conditions of Use; (b) modify this Website and/or the Service; and/or (c) discontinue this Website and/or the Service at any time. ProSciento, Inc. shall post any revisions to these Terms and Conditions of Use to this Website, and the revisions shall be effective immediately upon such posting. You agree to review these Terms and Conditions of Use and other online policies posted on this Website periodically to be aware of any revisions. You agree that, by continuing to use or access this Website following notice of any revision, you shall abide by any such revision.
22. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.
Last modified: March 14, 2023
