TERMS AND CONDITIONS OF USE


Please read this User Agreement before using this website.

1. Welcome to The Michael J. Fox Foundation's Fox INSIGHT ("FOX INSIGHT").

Please carefully review these Terms and Conditions and any policies referenced in it, all of which are part of the FOX INSIGHT User Agreement ("User Agreement"). By using FOX INSIGHT, you agree to be bound by this User Agreement.

If you do not agree to abide by all of the provisions contained in this User Agreement, you must not use or access FOX INSIGHT.

We reserve the right to change any terms of this User Agreement or to modify any features of FOX INSIGHT at any time, and, if you continue to use FOX INSIGHT you agree to be bound by such changes. We will notify individuals who consent to participate in the clinical study ("Registered Participants") of any changes to the User Agreement through the email addresses that are provided to us. You agree to periodically review this User Agreement to determine whether you agree to any new terms, conditions and policies. Any changes to this User Agreement (including the policies) shall become a part of this User Agreement upon publication and shall apply as soon as they are posted. Any new features or functionality that augment or enhance FOX INSIGHT shall be subject to this User Agreement upon activation.

This User Agreement including policies were last updated on February 24, 2016.

2. In General

FOX INSIGHT is the website/platform through which individuals participate in the FOX INSIGHT clinical research study (the "Study"). It is also a means by which visitors may learn about the Michael J. Fox Foundation for Parkinson’s Research (“MJFF”). By visiting the website, providing us with your contact information and/or registering to participate in the Study, you agree that FOX INSIGHT and MJFF may use information about you as set forth in our Privacy Policy. By providing your email address or otherwise consenting to receive additional information from FOX INSIGHT and MJFF, you agree that FOX INSIGHT and/or MJFF may send you information about FOX INSIGHT, other studies and/or other MJFF programs and activities.

Registered Participants participate in the Study for free. The website includes a feature that allows Registered Participants to monitor Parkinson's disease ("PD") symptoms and other physical characteristics. FOX INSIGHT also may include one or more features permitting Registered Participants to monitor PD symptoms and other physical characteristics through mobile applications.

Nothing about FOX INSIGHT, the Study or this website should be used to suggest a course of treatment for any patient. Participation in the Study or use of this website will not benefit individual patients. FOX INSIGHT is not a health care provider and is no substitute for treatment by a physician or other health care provider.

FOX INSIGHT depends on its users to input accurate and truthful information and does not independently verify the accuracy or truth of such information unless the FOX INSIGHT administrator is specifically notified about a potential problem. You hereby agree to input accurate and truthful information when you participate in the Study and verify the accuracy of your information if we contact you.

You may not use any device, software or routine to interfere with the proper working of this website. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of this website.

Any individual who uses FOX INSIGHT in any way contrary to these Terms and Conditions will have his or her participation in the Study and access to Personal Information immediately canceled. If you become aware of any such violation, please contact the FOX INSIGHT administrator at: info@foxinsight.org.

Use of FOX INSIGHT is at the discretion of MJFF. MJFF reserves the right to discontinue FOX INSIGHT at any time, limit its use, or prohibit certain individuals or institutions from using it, and MJFF shall not be liable to anyone for any claim of loss or damage related to such decisions.

3. Visiting Users And Registered Participants

Visitors to FOX INSIGHT may use the website for purposes of reviewing publicly available materials. FOX INSIGHT tracks information about visitors but does not retain individually identifiable information about them unless they provide this information to FOX INSIGHT by giving an email address or registering for the Study. Visitors are not permitted to view any individually identifiable information or any proprietary information about the FOX INSIGHT Study.

Registered participation in the Study is open to persons diagnosed with PD ("PD patients"), persons explicitly authorized by PD patients to utilize FOX INSIGHT on their behalf, and any other persons wishing to assist in PD research by participating in this PD clinical trial as permitted in the FOX INSIGHT protocol. If you do not qualify as a Registered Participant, please do not attempt to register.

Participation in the Study is at the discretion of FOX INSIGHT and MJFF. MJFF or FOX INSIGHT reserves the right to decline or terminate registered participation status to any Registered Participant for a Study-related reason or to deny access to any person(s) for any or no reason.

You agree that if you register with FOX INSIGHT to participate in the Study, you will provide accurate, current and complete information about yourself and will maintain and update such information promptly if any of it changes. You agree that if any information you provide is inaccurate, not current or incomplete, FOX INSIGHT may prohibit your access to any or all sections of this website and related Study mobile applications.

To become a Registered Participant, a person must agree to participate in the FOX INSIGHT Study and provide FOX INSIGHT with certain personal and personal health information. The personal and personal health information provided by you is subject to the Informed Consent document to which you agree when you register for the Study and our Privacy Policy, which can be found here.

Aggregated and deidentified Registered Participant information and information received from visitors to the website, i.e. information that does not permit identification of a particular Registered Participant, may be used by MJFF, FOX INSIGHT, the FOX INSIGHT PI, or their designees to make FOX INSIGHT or PD clinical care more effective or perform PD-related research or for any other purpose within MJFF's mission.

Registered Participants will assign themselves a user ID and password. Only a Registered Participant or a person explicitly authorized by a Registered Participant to utilize FOX INSIGHT on his or her behalf, may use his or her user ID and password. You are responsible for keeping your password confidential and agree not to allow anyone else to use your user name or password to access this website. You are fully responsible for all activities that occur under your user ID and password. If you become aware of unauthorized use of your user ID and password, you agree to immediately notify FOX INSIGHT.

4. Ownership And License Of Information On FOX INSIGHT

Except for your personal and personal health information ("Personal Information"), MJFF or FOX INSIGHT owns all information appearing on this website or any mobile applications sponsored by MJFF or FOX INSIGHT. MJFF hereby provides you with permission to use such information for your personal education or in connection with the Study. Any other use of the information must be separately agreed to by MJFF in writing. To obtain permission to use any FOX INSIGHT information for any other purpose, please contact: info@foxinsight.org. You will not use this website or Study-related mobile applications to obtain any information about any other user of this website, or for any commercial purpose, including, but not limited to, soliciting, offering to sell or selling any product or service to any user of this website. You hereby provide MJFF with permission to use your Personal Information for any purpose permissible by law that is within MJFF's mission.

5. Links or Referrals To Other Web Sites

Through this website or other communications from FOX INSIGHT or MJFF, FOX INSIGHT may refer you to other websites or mobile applications. MJFF and FOX INSIGHT does not have control over websites and mobile applications not sponsored by MJFF or FOX INSIGHT, and MJFF and FOX INSIGHT do not assume any responsibility for them. You agree that you will not seek to hold MJFF or FOX INSIGHT responsible for any material related to those websites or mobile applications not sponsored by MJFF or FOX INSIGHT.

If you become a Registered Participant of FOX INSIGHT and also are a Registered Member of MJFF's Fox Trial Finder ("FTF"), your FTF Personal Information will be copied and transferred to your FOX INSIGHT Personal Information record.

6. Indemnification

Users of this website or related mobile applications for any non-Study purpose shall and hereby do indemnify, defend and hold harmless MJFF, FOX INSIGHT, their affiliates, and their respective members, directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from such use. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

7. Disclaimers Of Liability

MJFF, FOX INSIGHT, their affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for any damages in any way related to use of FOX INSIGHT, including incidental, direct, indirect, consequential, special, punitive, or exemplary damages of any kind, lost revenues or profits, loss of business or loss of data, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies, including, without limitation, as a result of breach of any warranty or other term of this User Agreement.

Any and all information provided through FOX INSIGHT is "as is," and MJFF and FOX INSIGHT do not warrant or represent that any information provided by them or any third party through FOX INSIGHT is accurate or truthful. Although we will make a good faith effort to correct any errors of which we become aware, we do not make any warranties, express or implied, with respect to FOX INSIGHT or any information offered through it. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any material or data displayed, uploaded or distributed through FOX INSIGHT or the Study, or available through links in this website or through mobile applications. Each user must independently verify the accuracy and truthfulness of the information received through FOX INSIGHT.

MJFF and FOX INSIGHT do not warrant that FOX INSIGHT will be uninterrupted or error-free. We reserve the right to correct any errors or omissions in the website or the Study.

Although we intend to and will take all reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials that could affect FOX INSIGHT, we do not guarantee or warrant that the website or the materials that may be downloaded from this website or mobile applications do not contain such destructive features. We are not liable for any damages or harm attributable to such features. Your use of FOX INSIGHT and/or download of information from this website or related mobile applications is at your own risk.

You are responsible for complying with any applicable laws that may apply to you in using FOX INSIGHT.

8. Release

You hereby release MJFF from any claim that MJFF's financial support for FOX INSIGHT or your non-Study use of the website, related mobile applications or any information contained thereon caused you harm in any way.

9. Use of FOX INSIGHT and The Michael J. Fox Foundation brands

FOX INSIGHT is a product managed by MJFF. We are eager to have PD investigators, clinicians, doctors, health care providers and others publicize the existence of the FOX INSIGHT Study. Anyone is encouraged to include a link in a manner that does not imply endorsement by MJFF or FOX INSIGHT, for example: "To learn more about this study, please visit: [website address]." The appearance, position and other aspects of the link, URL, host website, or other item in which the link or URL is included may not be such as to damage or dilute the goodwill associated with FOX INSIGHT and the name and trademarks of MJFF. The appearance, position and other aspects of the link, URL, host website, or other item in which the link or URL is included may not create the false appearance that any other entity is associated with or sponsored by MJFF or FOX INSIGHT. If the web link is listed on a website, the link, when activated by a user, must display this website full-screen and not with a "frame" on the linked website. Any statement or materials that use the FOX INSIGHT name, brand or trademark in any manner other than providing a web link require approval by MJFF before being made publicly available.

The owner of any website, mobile application, and/or any other materials with a hyperlink or URL to FOX INSIGHT agrees to the foregoing terms, agrees to be fully responsible for all of its content and links (including full indemnification of MJFF and FOX INSIGHT as set forth in Section 6), and agrees to delete any such link upon notice from MJFF that such permission has been revoked, which notice may be given at any time and for any reason. MJFF reserves the right to suggest altered text or positioning and to deny requests for use of name, brand or trademark. Use of "The Michael J. Fox Foundation" name, brand or trademark is not permitted unless separate written permission has been granted by MJFF. Individuals seeking approval of use of the FOX INSIGHT name can email the item using name, brand or trademark to: info@foxinsight.org.

10. Miscellaneous

This User Agreement may be terminated by either party for any reason at any time. Any individual user of FOX INSIGHT wishing to terminate the applicability of this User Agreement to him or her shall not access the website or in any other way use FOX INSIGHT. The terms and conditions of this User Agreement shall survive such termination with respect to any information collected by FOX INSIGHT during the time that the User Agreement was in effect and for any disputes relating to it.

Any portion of this User Agreement or published policy found by a court of competent jurisdiction to be unenforceable shall be severable and all other portions of this Agreement and published policies shall remain in effect.

This User Agreement shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles, and you agree that the federal or state courts in New York, New York shall have exclusive jurisdiction over any dispute relating to this User Agreement.

BY ACCESSING AND/OR USING THIS WEB SITE, YOU AGREE TO ABIDE BY THE TERMS OF THIS USER AGREEMENT.