Terms of Service

Terms of Service (“Terms”)


Thank you for using our website.

This website and all related services (the “Site”) is provided by Savvy Coop, Ltd. (“Savvy Coop,” “we,” or “us.”) The Site includes direct communications between you and Savvy Coop, you and Savvy Coop customers, as well as “Community Discussion,” which includes web-based community discussion, group email messages, discussion archives, and other communications among users.


Acceptance of Terms

Your privacy is very important to us. This privacy policy explains how your Personal Information is used and protected. Information requested or provided other than through the website will contain separate privacy terms and conditions.


Updates to these Terms

We may modify these Terms at any time, although we expect that most changes will be only editorial in nature or reflect changes in the services we offer. It is your responsibility to check the Terms periodically for changes. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new or revised Terms. However, in the unlikely event that we would ever make material changes that would permit us to share your information more broadly than we have previously described, we will ask you to consent to the new Privacy Policy before it applies to you.

The date of the last update to these Terms is stated at the end of this document.


No Practice of Medicine

You understand and agree that we are not engaged in the practice of medicine, either through the Site or any associated communications or services, and that the Site is not a substitute for professional medical advice, diagnosis, or treatment. The Site is provided for informational purposes only and is provided “AS IS.” You are encouraged to seek professional diagnosis and treatment for medical conditions. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE.

We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Site or on links reached through the Site.

We have no control over any research studies, treatments, products or services described on the Site, and we cannot guarantee the accuracy of information about any research studies, treatments, products or services described on the Site. We are not liable for cancelled or unavailable research studies and opportunities you may have been made aware of through Savvy Coop, your inability to participate in a research studies and opportunities, or any consequences resulting from your participating or not participating in research studies or opportunities you may have been made aware of through Savvy Coop. Further, we have no control over and cannot guarantee any results from your participation in focus groups, medical data analysis or any other use of the information you submit through the Site, whether accessed by Savvy Coop, a customer or any other third party.


Eligible Users of the Site

You must be at least 18 years old and legally competent to use the Site. Your use of the Site constitutes your acknowledgement of this condition and representation that you are eligible to use the Site.

The Site is intended primarily for U.S. users. If you are not a resident of the U.S.:

  1. We make no claim that information on the Site is appropriate or permissible in your country. Products and clinical studies discussed on the Site may have different product labeling and disclosure requirements in different countries;
  2. If you register or submit information on the Site, you agree that we may, subject to the protections and limitations described in our Privacy Policy and on the Site, collect, use, store, or disclose that information in the United States or in another country outside your jurisdiction. You understand that information protection laws outside your country of residence may vary. By providing your information, you consent to the international transfer of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere on the Site.

Users will be asked to identify as one of two categories; (i) consumers and (ii) professionals. Consumers are those individuals who seek to make their personal health condition information available through the Site or related services (each a “Consumer”). Professionals are either individuals or entities that seek to engage Consumers for a gig, such as a focus group, data research project, product pilot or other health information related project (each a “Professional”).


Use Limitation

Consumers agree to use the Site only for your own personal purposes. You understand and agree that any commercial or organizational use whatsoever is strictly prohibited.

Professionals agree to use the Site only for your own authorized commercial purposes as set forth and agreed to in an engagement agreement. Professionals may only use the Site for its own purposes and not on behalf of another person or entity and not as a broker or intermediary. Professional further agrees that Consumer involvement and disclosure of information is purely voluntary and may be revoked in the Consumer’s sole discretion. Your use of the Site does not guarantee you access to Consumer information or Consumer participation unless agreed to by the Consumer.


Privacy and Protection of Personal Information

Our Privacy Policy describing how we manage and protect information is incorporated into these Terms.


User Content and Community Discussion Services

"User Content" is content or information (including text, data, images, video, and audio) submitted or posted by users of the Site (including the Community Discussion services). Savvy Coop does not control or pre-approve User Content and thus bears no responsibility for its accuracy, appropriateness, or quality. You agree that you must evaluate and bear all risks associated with any User Content, and you further agree that Savvy Coop will be in no way liable for any User Content or any consequences of its inclusion or omission.

Savvy Coop nonetheless retains the right (but not the obligation) to refuse to post or delete any User Content available through the Site, if we believe, in our sole discretion, that the User Content violates the letter or spirit of these Terms or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any User Content.

By submitting a personal story, photograph or video, you understand that Savvy Coop may publish this information and content to its social media sites, to its website, including, without limitation, to any news media. You additionally understand that, once published or released, Savvy Coop has no control over who views or uses the information. You further understand that submitting a story, photograph or video does not entitle you to any monetary or other compensation. You hereby release, waive and discharge any claims of any kind or nature arising out of or relating to the use of the statements, photographs, audio recordings or video recordings which you may have against Savvy Coop or any person or firm authorized by Savvy Coop to publish said materials (“Publisher”). Such release, waiver and discharge shall also extend to all affiliated companies, shareholders, directors, officers, employees, agents and assigns of Savvy Coop and any Publisher. The releases of rights described above shall be binding on your successors, heirs, assigns, executors, administrators, spouse and next of kin.

You shall only share photographs you own the copyright to or which you have received express permission from the copyright owner to share. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the photograph used and shared by Savvy Coop. If any people pictured are minors, you must obtain their parent or guardian’s express permission to have their image used by Savvy Coop. You represent and warrant that you have express permission of everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph used and shared by Savvy Coop. By submitting, or otherwise agreeing to Savvy Coop’s use of, a photograph, video or other content, you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your commentary in connection with the content. We reserve the right to use, not use, or discontinue using any content in our sole discretion at any time. You understand that once published, Savvy Coop has no control over who views or uses any uploaded photograph or video content. You further understand that submitting a photograph or video does not entitle you to any monetary or other compensation.

Savvy Coop may choose to delegate the task of managing Community Discussion services to internal or external Community Managers or List Managers (collectively “Community Managers”). These Community Managers will be authorized to refuse to post or delete any User Content if they believe, in their sole discretion, that the User Content violates these Terms or is objectionable for any reason. You agree that Savvy Coop is not liable for the actions or omissions of Community Managers. You further agree that Savvy Coop may transmit and give Community Managers access to User Content for the foregoing purposes.

When you submit your own User Content to be posted on our Site, you must follow these rules:

  • Your User Content must be appropriate and civil.
  • Your User Content must not:
    • violate any law; infringe on any third party’s legal rights or be capable of giving rise to legal action against you, us, or third parties;
    • be obscene, indecent, or pornographic;
    • infringe any copyright, trademark, or other intellectual property right;
    • infringe any right of privacy or violate any confidentiality obligation;
    • contain any negligent statement;
    • incite the commission of a crime;
    • be in breach of any contractual obligation owed to any person;
    • be false, misleading, or knowingly inaccurate;
    • contain any instructions, advice or other information that could, if acted upon, cause illness, injury, death, or any other loss or damage;
    • constitute spam;
    • be offensive, blasphemous, threatening, harassing, defamatory, discriminatory or inflammatory;
    • be likely to cause annoyance, inconvenience or needless anxiety to any person; or
    • link to a page containing material that would violate these prohibitions.


Creating an Account, Passwords, and Security

If you register and create an account, you must provide us with accurate information, and you will choose a password. You are responsible for maintaining the confidentiality of your password. You are not permitted to share your password with others, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. Savvy Coop will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone else’s account.


You may choose to post information on the Community Discussion services or elsewhere on the Site about yourself or about someone else, such as a family member. If you post information about someone else, you must have that person’s prior permission.

If you choose to post information, whether about yourself or any other person:

  • You understand and agree that all current and future users participating in Community Discussion will be able to view the information you share, and
  • You understand that, whether or not it is permitted, current or future users participating in Community Discussion might save or disclose your information in other places without your knowledge or consent. You agree that if that were to occur, neither you nor anyone else would have a remedy or claim against Savvy Coop, as explained in the Warranty Disclaimer and Limitations of Liability section of these Terms. Therefore, please exercise discretion when deciding what information you choose to post.


Prohibited Uses

As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:

  • You must not use our Site in any way that may damage, overburden, or impair the Site or its availability; or in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity.
  • You may not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or Savvy Coop, including but not limited to using another person’s login credentials.
  • You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software.
  • You may not copy, modify, distribute, sell or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission.
  • You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent.
  • You must not use our Site to send spam, surveys, or any unsolicited commercial communications.
  • You must not use our Site for any purposes related to marketing, research, or any other commercial or organizational purpose without our prior express written consent.
  • You are required to respect the confidentiality and trust of others in the Savvy Coop communities you participate in. If users participating in Community Discussion share their username, picture, or other content in a way that reveals their identity or enables you to guess who they are, you are forbidden to share this on the Savvy Coop website or anywhere else, unless it is to reply to their posts or refer to their username within Community Discussion.


Use of Materials and Information on the Site

Subject to applicable law, we or our licensors (people or entities from whom we license content) own the intellectual property rights in the Site and materials on the Site. Subject to the protections and limitations described in our Privacy Policy, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any media; as described in our Privacy Policy, this does not include personally identifiable information such as your email address. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. All these intellectual property rights are reserved.

You may view, save, and print pages from the Site for your own personal use, subject to the restrictions below and elsewhere in the Terms.

You must not:

  • republish or repost material from the Site (including on another website), except for User Content you have authored yourself or content specifically and expressly made available for redistribution;
  • sell, rent, or sub-license material from the Site; or
  • copy or otherwise exploit material on the Site for a commercial purpose.


Links

The Site may contain links to third party websites. This Privacy Policy does not apply to websites of third parties and Savvy Coop accepts no liability with regard to the way in which these third parties handle your personal data. We therefore advise you to consult the privacy statement of all websites you visit.


Taxes

All taxes applicable to any compensation provided by Savvy Coop to you through use of the Site will be your liability and Savvy Coop shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment, worker’s compensation or any similar tax or charge. In accordance with current law, if Savvy Coop is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the gross annual compensation paid by Savvy Coop to you, then you will be required to complete and submit a Form W-9. You acknowledge that you shall be solely responsible for the reporting and payment of all federal, state and local income taxes, social security taxes, all federal and state self-employment taxes, and other governmental obligations resulting from the receipt of compensation under this Agreement. You hereby indemnify and save harmless Savvy Coop from any liability for any taxes, penalties or interest that may be assessed by any taxing authority with respect to compensation received by you from Savvy Coop.


Data Collection

A variety of types of programs and activities are available on the Site, sponsored by Savvy Coop, its members, customers, merchants, and/or strategic partners. You will not be required to participate in a specific program in order to use the Site. You may be qualified to receive compensation for certain programs or activities in which you participate. Savvy Coop uses the data collected from these activities to assist it and its merchants, customers, members and strategic partners to provide you and others better services and products. Savvy Coop will never, however, provide information which identifies you personally to members, customers, merchants, or strategic partners, as more fully described in the Privacy Policy.


Trademarks and Copyrights

Savvy Coop, savvy.coop, and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Site are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.


Copyright Infringement Notice

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please write to us at hello@savvycoop.com to speak with our Copyright Agent. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512. We respond expeditiously to notices of claimed copyright infringement. If we become aware that a user is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate or block that user.


Warranty Disclaimer

Savvy Coop is only a venue and Savvy Coop does not screen or censor information on its website.

You acknowledge that some of the information published on this Site is submitted by users. We do not warrant the completeness or accuracy of any information published on this Site, whether submitted by us or users. We do not warrant that the Site remains available or that the material on the Site is kept up-to-date.

WE PROVIDE THE SITE "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.


Limitation of Liability

TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU CANNOT RECOVER ANY DAMAGES FROM US RELATED TO YOUR USE OF THE SITE, WHETHER IN STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.

CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.

If you post content on the Site, you understand and agree that comments relating to your posts may be submitted by other users on our Site. You acknowledge that such comments may be critical, offensive, or defamatory, and you agree that you will not hold us liable for any such comments, regardless of whether we are aware or ought to have been aware of such comments.


Breaches of These Terms and Indemnification by You

If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may: send you one or more warnings; temporarily suspend your access to the Site; permanently prohibit you from accessing the Site; block devices using your IP address from accessing the Site; ask your internet service provider to block your access to the Site; suspend or delete your account; delete or edit your User Content; bring court proceedings against you seeking damages and/or injunctions; and/or report you to law enforcement authorities. If we suspend, terminate, or block your access to the Site, you agree not to take any action to circumvent our action (such as creating or using a different account.) If we bring a legal action against you, we agree that the jurisdiction and venue for such action will be the federal or state courts of the jurisdiction in which our principal place of business is located, and we further agree that a judgment in any such action may be enforced in other jurisdictions by suit on the judgment or ruling, or in any other manner provided by law.

Indemnification: You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.


Governing Law, Arbitration, and Jurisdiction

All matters related to the Site will be governed by the laws of New York, without regard to conflicts of laws provisions.

If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Site, you are encouraged to bring it to our attention. You may write to us at hello@savvycoop.com, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site shall be submitted to confidential arbitration in Queens County, New York, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.

By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.

You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred


Other Legal Provisions

Any failure or delay by either party to enforce any part of these Terms will not constitute a waiver of that party’s rights under these Terms. These Terms control the relationship between you and Savvy Coop. They do not create any third party beneficiary rights. If we enter into an additional or separate agreement with you that has additional terms, those additional terms will control if they conflict with these Terms. If a particular provision of these Terms is determined by a court of competent jurisdiction to be unenforceable, the other provisions will remain in effect. You may not transfer your account or your rights under these Terms to any other person or entity. We may, in our sole discretion, transfer, delegate, or assign our rights and obligations under these Terms to others without notifying you or obtaining your consent. The current version of these Terms, which incorporate our Privacy Policy by reference, constitutes the entire agreement between you and us in relation to the Site.


Cookies and Google Analytics

This site uses cookies to store information on your computer. A cookie is a small text file that is stored on your computer, tablet or phone via your browser. Some are essential to make our site work; others are intended to help us provide services and improve the user experience. By using the site, you consent to the placement of these cookies. Please read our Privacy Policy to learn more. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.

Other cookie settings can be regulated in your browser. However, the exact procedure differs per browser. We recommend that you follow the instructions and/or use the help function of your browser to change the desired cookie settings. Please note that in some cases you may not be able to use all functions of our Site, when using more strict cookie settings.

We honor Do Not Track (DNT) signals and do not track, plant cookies, or use advertising when a DNT browser mechanism is in place.


Feedback

If you have any concerns, inquiries, or complaints about the Site, including any actions taken by a Community Manager, please write to us at hello@savvycoop.com. We appreciate your input.

Thank you for using our Site, and we hope it is helpful to you.


Effective Date

The effective date of these Terms is May 25, 2018.