Terms of Use

Introduction

Thank you for your interest in joining the DocDelta Research Advisor Network (the "Advisor Network"), referred to herein as "we," "our," or "us").

By joining the Advisor Network or participating in a survey or study administered by DocDelta Research, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use (this "Agreement"). This Agreement governs your use of our website (the "Site"), your membership in the Advisor Network, and your participation in any survey or study administered by us (collectively, the "Services").

If you do not agree to this Agreement, you should not join the Advisor Network, participate in one of our surveys or studies, or otherwise access the Services. DocDelta Research reserves the right to refuse, restrict, prohibit, or reject your access to the Services, at any time, for any reason.

Any supplemental terms and conditions posted on the Site or a survey or study are hereby expressly incorporated herein by reference.

Our collection and use of your personal information is also governed by our Privacy Policy which is incorporated into this Agreement by this reference.

We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes by your continued use of the Site and/or the Services after the date such changes are posted.

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Advisor Network

You can register for our Advisor Network by signing up directly on the Site, by responding to an invitation to register received via social media, mail, email, or elsewhere online, or by being referred by a friend or colleague.

You acknowledge and agree that nothing herein or elsewhere guarantees you the right to be accepted to the Advisor Network, and we reserve the right, in our sole and absolute discretion, to reject any registration attempt for any reason or no reason at all.

You agree to notify DocDelta Research 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 this Agreement or applicable law, without notice. Membership is void where prohibited by law.

Membership in the Advisor Network is available only to healthcare professionals who are qualified licensed and Healthcare business executives.

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Use of the Services

The Services are available to individuals who are eighteen (18) years and older, and who have not been suspended or removed by DocDelta Research for any reason. Any access to the Services by anyone under eighteen (18) is forbidden without a parent’s or guardian’s consent.

You acknowledge that you are accessing the Services in the capacity of an independent contractor and that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.

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.

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Restrictions

You may use the Services only for your own noncommercial personal use and in compliance with this Agreement. You are responsible for your own communications, including the transmission, uploading, or posting of information in connection with your Advisor Network membership, and are responsible for the consequences of such communications.

Without limiting the foregoing, you agree you will not use the Services for any of the following purposes: (a) posting, communicating, or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity; (b) posting any information which is untrue or inaccurate; (c) engaging in conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation; (d) attempting to interfere in any way with DocDelta Research’s network security, or attempting to use the Services to gain unauthorized access to any other computer system; (e) 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; (f) manipulating the results of any survey or study; (g) collecting any personal information of any other user of the Services; (h) opening, using, or maintaining more than one Advisor Network membership; (i) forging or masking your true identity, using proxy servers, or engaging in any other activity that, in DocDelta Research’s sole and absolute discretion, suggests an effort to abuse the Services; (j) posting or transmitting any threatening, libelous, defamatory, obscene, lewd, or inflammatory material or content or any material or content that could otherwise violate applicable laws; or (k) engaging in any fraudulent activity, including but not limited to speeding through surveys, taking the same survey more than once, submitting false or untrue survey data, or redeeming or attempting to redeem rewards, prizes or incentives through false or fraudulent means.

If you participate in a survey or study that includes a financial incentive, you acknowledge and agree that you will not be compensated unless the applicable survey or study is completed, and that whether a study is completed will be decided in our sole discretion. You also acknowledge and agree to provide additional documentation to verify your identity and professional details before any compensation is made, if DocDelta Research determines such information is needed.

In the event you are found to have submitted inaccurate or illogical information or answers as part of a study that includes a financial incentive, we reserve the right to suspend or terminate your account, in addition to withholding or cancelling any or all incentives outstanding to you.

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Sunshine Act Professional Payment Disclosures

You acknowledge and agree that DocDelta Research may be required by applicable law and regulation to disclose the existence of incentives redeemed, the terms of this redemption including financial terms, and the subject matter associated with each payment (e.g., the U.S. Physician Payments Sunshine Act)

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"), Under these regulations, certain payments may be subject to reporting to the respective bodies, who will make the details available for public viewing on its website.

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Adverse Event, Product Quality and Special Reporting Situations: Reporting Requirements

You acknowledge and agree that DocDelta Research may be required by applicable laws and regulations to follow-up with you if you mention an Adverse Event during your participation in a market research study.

By participating in our Advisor Network or one of our surveys or studies, you are agreeing to be contacted via phone and/or email outreach by members of the DocDelta Research team or our clients to follow-up for additional details regarding the adverse event referred to by you within a market research study.

You have the right to refuse to provide additional details regarding the Adverse Event; however, a refusal does not override the requirement for us to report 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.

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Communications

By becoming a member of the Advisor Network, you are agreeing to receive invitations to participate in market research studies. At any point you can opt out of these communications by contacting us as provided in the "How to Contact Us" section below.

In addition, we will communicate with you in response to your inquiries, to provide the Services you request, to fulfill incentive requests, and to manage your account. We typically communicate with you by electronic communication.

By registering for the Advisor Network or participating in one of our surveys or studies, you consent to be contacted by email, phone or at the number you provide to us.

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Proprietary Rights, Non-Disclosure

You acknowledge and agree that the content (other than content that may be submitted by Advisor Networkists), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Services are the property of DocDelta Research, 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 a survey or study, confidential information may be shared with you as part of the study materials ("Confidential Information"). By joining our Advisor Network or participating in a survey or study, you acknowledge that all ideas and concepts discussed in any of our surveys and 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 DocDelta Research or the research study sponsor, as applicable.

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. Without limiting the foregoing, you specifically agree to maintain the security of any devices (e.g., smartphones and computers) with which you access your account or any other portion of the Services.

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Content Submitted

DocDelta Research does not claim ownership of any materials you make available through the Services, including but not limited to photos, videos, or written stories.

However, with respect to any materials you submit or make available for inclusion on the Services, you grant DocDelta Research and DocDelta Research’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. DocDelta Research will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.

You also 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 DocDelta Research 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.

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Disclaimers

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, DocDelta Research 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.

DocDelta Research 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 DocDelta Research MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY, OR SAFETY OF INFORMATION PROVIDED IN SUCH THIRD-PARTY SITES. DocDelta Research DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES THROUGH THE SERVICES.

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Indemnification

You agree to indemnify, hold harmless, and defend DocDelta Research, including its affiliates, together with their respective officers, directors, employees, and agents, from any and all claims, liabilities, damages, costs, and expenses of defense, including but not limited to attorneys fees, in any way arising from or related to your use of the Services, your violation of this Agreement, content posted to the Services by you, any activity which occurs under your account (regardless of whether you authorized such activity), or your violation of any law or the rights of a third party.

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Limitations of Liability

IN NO EVENT SHALL DocDelta Research, ITS AFFILIATES, 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 DocDelta Research 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 DocDelta Research, 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) ONE HUNDRED AND FIFTY DOLLARS ($150.00).

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.

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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.

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Opt-Out Policy

At any time, Advisor Network members may opt out of the Services: (i) by following the unsubscribe procedures described on the DocDelta Research website or contained in any email received from DocDelta Research; or (ii) by contacting us as provided below. DocDelta Research shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt.

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Arbitration

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 DocDelta Research, INCLUDING DISPUTES RELATED TO THIS AGREEMENT, 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 DocDelta Research 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, DocDelta Research 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.

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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.

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Governing Law and Venue

Arbitration shall take place in New York, New York, but may proceed telephonically if the parties so agree. This Agreement shall be governed and enforced by applicable laws of the State of Georgia, without regard to conflict of law provisions thereof.

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Miscellaneous

The headings contained in this Agreement are for reference only and shall have no effect on the interpretation or application of this Agreement. DocDelta Research’s failure to enforce a breach by you of this Agreement shall not waive or release you from such breach and shall not waive, release, or prevent DocDelta Research from enforcing any subsequent breach by you of this Agreement.

If any term or provision of this Agreement 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 this Agreement. The remaining terms or provisions of this Agreement shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of this Agreement.

How to contact us?

To contact us with any questions or concerns in connection with this Agreement or the Services, please contact us as follows:

DocDelta Research / DocDelta Inc

447 Broadway, Floor 2 New York

New York, 10013 United States

‍info@docdelta.com