Volunteer Science Terms of Service

Last Updated: March 30, 2019

Volunteer Science is an independent platform that enables researchers (“Researchers” or “you”) to conduct their scientific research (“Research”), including creating online studies, posting the studies to our website, recruiting volunteers to participate (“Participants” or “you”) and downloading the resulting data (as modified from time to time, the “Research Platform”).

IMPORTANT! THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM AND THE OTHER VOLUNTEER SCIENCE SERVICES. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN ACADEMIC INSTITUTION OR OTHER EMPLOYER, REFERENCES TO “YOU” OR “YOUR” SHALL MEAN YOU, SUCH ACADEMIC INSTITUTION OR OTHER EMPLOYER AND ANY OTHER USER ACCESSING AND USING THE VOLUNTEER SCIENCE SERVICES ON BEHALF OF SUCH ACADEMIC INSTITUTION OR OTHER EMPLOYER. BY CLICKING “I AGREE”, DOWNLOADING, USING, CONFIGURING OR ACCESSING THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR ANY OF THE OTHER VOLUNTEER SCIENCE SERVICES, HIRING ANY PARTICIPANT, PARTICIPATING IN ANY RESEARCH OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE AND ARE DOING SO, (B) YOU CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND EACH USER SHALL BE BOUND BY THESE TERMS OF SERVICE AND VOLUNTEER SCIENCE’S PRIVACY POLICY (HTTPS://WWW.VOLUNTEER SCIENCE.COM/PRIVACY) (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT USE ANY OF THE VOLUNTEER SCIENCE SERVICES.

These Terms contain an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Volunteer Science to binding and final arbitration. You will only be permitted to pursue claims against Volunteer Science on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. Eligibility

    To access and use the Site, the Applications, the Research Platform and the other Volunteer Science Services and to hire any Participant or to participate in any Research, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING ANY OF THE VOLUNTEER SCIENCE SERVICES, INCLUDING HIRING ANY PARTICIPANT OR PARTICIPATING IN ANY RESEARCH, YOU REPRESENT THAT:

    • YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR ANY OF THE OTHER VOLUNTEER SCIENCE SERVICES;
    • YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH VOLUNTEER SCIENCE;
    • IF YOU ARE CONDUCTING RESEARCH FOR AN ACADEMIC INSTITUTION OR OTHER EMPLOYER, THAT YOU ARE AUTHORIZED BY THIS INSTITUTION OR EMPLOYER TO CONDUCT THIS RESEARCH;
    • YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
    • YOU ARE NOT A COMPETITOR OF VOLUNTEER SCIENCE AND DO NOT INTEND TO USE ANY OF THE VOLUNTEER SCIENCE SERVICES FOR REASONS THAT ARE IN COMPETITION WITH VOLUNTEER SCIENCE OR OTHERWISE TO REPLICATE SOME OR ALL OF THE VOLUNTEER SCIENCE SERVICES FOR ANY REASON.
  2. Privacy

    Your privacy is important to Volunteer Science. Our goal is to make the Research Platform and the other Volunteer Science Services as good, useful and rewarding for you as possible. In order to do that, Volunteer Science may collect and process information from you when you use any of the Volunteer Science Services, including, hiring any Participant or participating in any Research. Volunteer Science will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing and using any of the Volunteer Science Services, hiring any Participant or participating in any Research, you agree that Volunteer Science may collect, use and disclose, as set forth in the Privacy Policy, the information you provide during your access to or use of any of the Volunteer Science Services, and in some cases, information that is provided by or through any of the Volunteer Science Services.

  3. Description of Research Platform



    1. RESEARCHERS

      Researchers are solely responsibility for their Research. When using the Research Platform or any of the other Volunteer Science Services, you are also solely responsible for ensuring that your use of the Research Platform and any of the other Volunteer Science Services are in full compliance with all applicable laws and these Terms.

      You agree that that you will not use the Research Platform or any of the other Volunteer Science Services to post or promote any Research that: contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with the Research opportunity where such requirement or criterion is not an actual and legal requirement of the Research opportunity; requires any Participant to pay to participate in the Research other than incidental costs such as travel to and from the Research location; or contains content that violates applicable laws. Notwithstanding the foregoing, nothing in this provision shall prevent a Researcher from conducting Research that involves deception and that may involve inaccurate, false, or misleading information so long as the Participants receive a briefing on the nature of the deception Research afterwards.

      You shall (a) keep all personal information of their Participants strictly confidential, (b) properly secure such information and (c) only use such information in connection with the Research; provided that this shall not prevent a Researcher from publishing his or her data so long as he or she has gotten the necessary consents or the data has been anonymized.

      As a Researcher, you are solely responsible for all activity, acts or omissions of any of your personnel and Participants in connection with your Research (each, a “Research User”) and you agree to abide by the following rules:

      • ensure that all of your Research Users comply with these Terms, and promptly notify Volunteer Science of any suspected or alleged violation of these Terms including any unauthorized use of any password or account or any other known or suspected breach of security; and
      • cooperate with Volunteer Science with respect to: (i) any investigation by Volunteer Science of any suspected or alleged violation of these Terms and (ii) any action by Volunteer Science to enforce these Terms. Volunteer Science may suspend or terminate a Research User's access to the Volunteer Science Services in the event that Volunteer Science reasonably determines that such Research User has violated these Terms.

      RESEARCHERS ARE STRICTLY PROHIBITED FROM DISCRIMINATING ON THE BASIS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY OR MARITAL STATUS. This restriction is not intended to prohibit legitimate Research that requires Participants based on a particular race, color, ethnicity, national origin, religion, sexual orientation, gender identity or marital status.

    2. PARTICIPANTS

      Whether to participate in any Research is solely up to you. Unless you specifically agree with a Researcher, you may withdraw from any Research at any time by providing prior written notice to the applicable Researcher.

      You may, before participating in any Research, be required to agree to such additional terms and conditions as may be included in the Research (a “ Research Agreement”). This is an agreement between you and the Researcher, and Volunteer Science accepts no responsibility or liability for such Research Agreement or the contents of the terms and conditions of such Research Agreement. In particular, please note that while the majority of Research is anonymous, the use by the Researcher of any personal information that you communicate in the course of the Research will be governed by such Research Agreement.

      It is your responsibility to ensure that your participation is of reasonable quality and meets the specific requirements of the Research. You accept that if your participation does not meet the requirements of the Research, or is determined by the Researcher in the Researcher’s discretion not to be of reasonable quality, you may not be paid any compensation by the Researcher (assuming there otherwise would have been compensation for that Research in the first place).

      Any submission that you make in connection with any Research must not contain any offensive or illegal material (the “Submissions”). Unless otherwise agreed by you, all Submissions shall be owned by you; provided that you grant to the applicable Researcher a worldwide, perpetual, irrevocable, fully paid-up, royalty-free license to use your Submissions in connection with the Research without restriction.

      You are solely responsible for your interactions with Researchers that you agree to work with through the Volunteer Science Services. Volunteer Science does not do background checks on the Researchers. Please note that there are risks, including the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to any Research in which you wish to participate.

      Although Volunteer Science requires that Researchers maintain the confidentiality of any personal information that they receive through the Volunteer Science Services, Volunteer Science cannot and does not guarantee that the information you provide to Researchers through the Volunteer Science Services will be held in confidence or properly secured by each applicable Researcher. In addition, Volunteer takes no responsibility and assumes no liability for any Research description or other information provided by any Researcher.

    3. PREVENTION OF UNAUTHORIZED USE

      Volunteer Science reserves the right to exercise whatever lawful means it deems necessary to prevent the circumvention or unauthorized use of the Research Platform or any of the other Volunteer Science Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

  4. Registration and Use of the Research Platform



    1. GENERAL

      In registering and creating an account to access and use the Research Platform or any of the other Volunteer Science Services, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Volunteer Science Services registration form (“ Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Volunteer Science has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Volunteer Science has the right to suspend or terminate your account and refuse any and all current or future use of the Research Platform and/or any of the other Volunteer Science Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Research Platform or any of the other Volunteer Science Services if you have been previously removed by Volunteer Science, or if you have been previously banned from the Research Platform or any of the other Volunteer Science Services.

    2. RESEARCHER

      In order to access and use the Research Platform and the other Volunteer Science Services as a Researcher, you must register and create an account and pay the applicable Subscription Fees (as defined in Section 5 below). You must provide the name of your research team, your name, email, birthday and native country and any other information that we may request in connection with the registration process.

      You are expected to always act professionally and courteously when dealing with any Participant.

      RESEARCHERS ARE STRICTLY PROHIBITED FROM DISCRIMINATING ON THE BASIS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY OR MARITAL STATUS.

    3. PARTICIPANT

      In order to use Volunteer Science as a Participant you must register. When registering with Volunteer Science, you are required to provide us your name, email, birthday and native country and any other information that we may request in connection with the registration process. This information will be freely available to Researchers and other Users who have access to your information in connection with the Research in which you are participating. You understand and agree that Volunteer Science cannot be responsible for any use of that information by the Researchers and other Users. If you believe, however, that this information is not being used appropriately, please contact us at webmaster@volunteerscience.com.

      Researchers reserve the right, in their sole discretion, to accept or reject your registration to participate in any Research If your registration is accepted, you will be allowed to participate in the Research for which you registered, subject to, and in accordance with these Terms and any Research Agreement.

      You are solely responsible for your interactions with any Researchers and other Participants.

      You are expected to always act professionally and courteously when dealing with any Researcher or any other Participant.

      RESEARCHERS ARE PROHIBITED FROM DISCRIMINATING ON THE BASIS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY OR MARITAL STATUS. If you feel that a Researcher has violated this prohibition in any way, please contact us at webmaster@volunteerscience.com. Please provide all relevant information, including your full name, the related Researcher and the details of the possible discrimination.

    4. VOLUNTEER SCIENCE’S ROLE

      Volunteer Science does not represent or act as an agent for any Research except for Research that Volunteer Science is itself conducting. Volunteer Science merely provides Researchers (including itself when it is acting as a Researcher) and Participants a platform and other tools to conduct their Research. Volunteer Science is not responsible or liable for any Research. Participants and Researchers are solely responsible for any issues arising from the use of the Research Platform and any of the other Volunteer Science Services.

      Any Research Agreements between a Researcher and a Participant are not binding on Volunteer Science. Volunteer Science is not liable for, or obligated to enforce, any such agreement between a Researcher and a Participant. You will not consider Volunteer Science, nor will Volunteer Science be construed as, a party to such transactions, whether or not Volunteer Science receives fees or other compensation in connection with the Research. Volunteer Science will not be responsible or liable for any costs or damages arising out of or related to any Research. This provision shall not apply to Volunteer Science when it is acting as a Researcher and has entered into an agreement with a Participant.

      We reserve the right, but have no obligation, to monitor disputes between you and other Users (including other Researchers and Participants). Volunteer Science shall have no liability for your interactions with other Users, or for any User's action or inaction. Volunteer Science shall have no obligation to you to enforce these Terms against any other User.

      You acknowledge and agree that Volunteer Science may, with no liability or penalty, remove any content, communication or information posted, which in the sole judgment of Volunteer Science, violates or may violate these Terms, applicable laws, rules or regulations; third party terms, or may adversely affect Volunteer Science; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.

  5. Fees and Compensation, Payments and Refunds.



    1. RESEARCHERS



      1. Subscription Fees. To access and use the Research Platform and the other Volunteer Science Services, Researchers are required to pay the applicable subscription fees (as modified from time to time, the "Subscription Fees"). The current Subscription Fees are available at https://volunteerscience.com/researchers/

        Once you have paid the applicable Subscription Fees, you will be able to access and use the Research Platform and the other Volunteer Science Services, including hiring Participants for the Research.

      2. Participant Recruitment Fees. Researchers shall pay any applicable participant recruitment fees for the ads and other announcements to recruit Participants for their Research. These ads and other announcements pay be placed on Facebook, Mechanical Turk and other similar sites (collectively, the “Ad Providers”). (as modified from time to time, the “Recruitment Fees”). The current Recruitment Fees are available at https://volunteerscience.com/researchers/. Sometimes the Recruitment Fees are paid directly to the Ad Provider and sometimes they are paid to Volunteer Science. When they are paid to Volunteer Science, Volunteer Science shall use the Recruitment Fee to pay for the ads and other announcements on the designated Ad Providers.
      3. Recruitment Compensation. Researchers shall pay Volunteer Science a percentage of any Recruitment Fees as compensation for its services (the “Recruitment Compensation”).
      4. Additional Training Fees. Researchers may also buy additional training courses, including courses on how to build web applications for science (the “Training Fees”). The current Training Fees are available at https://volunteerscience.com/researchers/
    2. PARTICIPANTS

      To register to be a Participant, there is no fee.

      Compensation (if any) for participating in any Research is solely determined and payable by the applicable Researcher (the “ Participation Fee”). Unless otherwise specifically agreed by Volunteer Science in writing, Volunteer Science shall not be responsible, directly or indirectly, for any such Participation Fee.

    3. MODIFICATION TO THE FEES

      Subject to Sections 5.5 and 9, Volunteer Science may modify the Subscriptions Fees, the Recruitment Fees, the Recruitment Compensation, the Training Fees and any other fees in connection with any of the Volunteer Science Services (as modified from time to time, collectively, the "Fees") in its sole discretion.

    4. PAYMENT AND TAXES



      1. Payments. Unless otherwise agreed by Volunteer Science, the initial Subscription Fees and other Fees shall be paid in advance by credit or debit card when you register and create an account to access and use the Research Platform and the other Volunteer Sciences Services. You authorize (i) Volunteer Science to keep your credit or debit card number on file for any subsequent Subscription Fees and any other Fees or unpaid charges and (ii) to charge your credit or debit card for any such Fees or charges.
      2. Payment Processing. Unless otherwise agreed by Volunteer Science, all Subscription Fees and other Fees and payments made in connection with the Research Platform and the other Volunteer Sciences Services shall be made through a third-party payment processor directed by Volunteer Science (e.g., Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (as modified from time to time, collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to access or use the Research Platform and any of the other Volunteer Sciences Services, you agree to be bound by the Stripe Services Agreement. As a condition of Volunteer Science’s enabling payment processing services through a Payment Processor, you agree to provide Volunteer Science accurate and complete information about you, your business, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Volunteer Science to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.
      3. Taxes. If at any time Volunteer Science is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Volunteer Science upon written notice.
      4. Late Payments. Volunteer Science reserves the right to charge interest at the rate of one percent per month (or the highest rate permitted by law, if less) on delinquent account balances from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Volunteer Science in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.
      5. Future Services. In paying any of the Subscription Fees or any of the other Fees, you acknowledge and agree that you are not relying on future availability of the Research Platform or any of the other Volunteer Science Services.
    5. CHANGES IN FEES AND BILLING METHODS

      Volunteer Science reserves the right at any time to change any of its Fees (including to begin charging for services that it is currently providing free of charge) and billing methods, immediately after providing notice through a pop-up or banner within any of the Volunteer Science Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms.

    6. REFUNDS

      THE FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY VOLUNTEER SCIENCE IN ITS SOLE DISCRETION. NOTWITHSTANDING THE FOREGOING, THE RECRUITMENT FEES (LESS ANY APPLICABLE RECRUITMENT COMPENSATION) THAT WERE PAID DIRECTLY TO VOLUNTEER SCIENCE MAY BE REFUNDED TO THE RESEARCHER ON A PRORATA BASIS RELATIVE TO THE AD SPEND THAT WAS CANCELLED BEFORE THE ADS HAVE BEEN PLACED. THE REFUND OF ANY RECRUITMENT FEES THAT WERE PAID DIRECTLY TO AN AD PROVIDER SHALL BE GOVERNED BY THE APPLICABLE TERMS OF SUCH AD PROVIDER.

  6. Additional Policies.

    When using any of the Volunteer Science Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Site, the Applications, the Research Platform and the other Volunteer Science Services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.

  7. Respecting other People’s Rights.

    Volunteer Science respects the rights of others and so should you. You therefore may not post or send Content that:

    • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Volunteer Science in its sole discretion;
    • is false, misleading, untruthful or inaccurate;
    • includes anyone's identification documents or sensitive financial information
    • impersonates any person or entity, including any of Volunteer Science’s or any Researcher’s employees or representatives; or
    • spams or solicits any Users, including any Researchers or other Participants.
  8. Account Security.

    When you access and use any of the Volunteer Science Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Volunteer Science on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

    If you change or deactivate the email that you used to create a Volunteer Science account, you must update your account information within 72 hours to prevent Volunteer Science from sending to someone else messages intended for you.

    If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify Volunteer Science at webmaster@volunteerscience.com. You may be liable for the losses incurred by Volunteer Science or others due to any unauthorized use of your account or any of the Volunteer Science Services.

  9. Modification of these Terms.

    Volunteer Science reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, the Applications, the Research Platform or any of the other Volunteer Science Services. If Volunteer Science updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Volunteer Science Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable fees), Volunteer Science will make reasonable efforts to notify you of such change. Volunteer Science may provide notice through a pop-up or banner within any of the Volunteer Science Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Volunteer Science may require you to provide consent by accepting the changed Terms. If Volunteer Science requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Volunteer Science, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Volunteer Science Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE RESEARCH PLATFORM AND ALL OF THE OTHER VOLUNTEER SCIENCE SERVICES.

    To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.

  10. Digital Millennium Copyright Act

    It is Volunteer Science’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Volunteer Science’s DMCA Notification Guidelines at https://volunteerscience.com/DMCA. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Volunteer Science reserves the right to terminate without notice any User’s access to the Site, the Applications, the Research Platform and the other Volunteer Science Services if that User is determined by Volunteer Science to be a “repeat infringer.” In addition, Volunteer Science accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

  11. License Grant for Content; Representations and Warranties.



    1. LIMITED LICENSE GRANT TO VOLUNTEER SCIENCE.

      The Volunteer Science Services permits the submission and/or posting or linking of pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through the Research Platform or any of the other Volunteer Science Services, hiring any Participant or participating in any Research, you hereby grant to Volunteer Science a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute and modify (for format), in connection with the operation, maintenance and support of the Site, the Applications, the Research Platform and the other Volunteer Science Services. This license continues even if you stop using the Volunteer Science Services. To the extent that any of your Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Volunteer Science to identify you as a User as contemplated by the Volunteer Science Services. Further, to the extent you have given Volunteer Science the right to access certain Content that is present on another website or service you own or control, you give Volunteer Science the right to scrape such website as required to retrieve such Content for use on the Volunteer Science Services as contemplated in the license grants above.

    2. INTERACTIVE SERVICES.

      The Research Platform and the other Volunteer Science Services may also contain chat rooms, message boards, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other users or other persons Content.

      We are not responsible, or liable to any third party, for any Content posted by you or any other User through one of the Interactive Services.

    3. CONTENT USE BY OTHER USERS.

      You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the Volunteer Science Services. This includes Researchers having access to your Content in connection with your participation in the Research.

    4. CONTENT AND CONFIDENTIAL INFORMATION.

      You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (a) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Volunteer Science and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 12 and in the manner contemplated by Volunteer Science and these Terms; (b) your Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (c) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the Volunteer Science Services. Violators of these third-party rights may be subject to criminal and civil liability. Volunteer Science reserves all rights and remedies against any Users who violate these Terms.

    5. CONTENT DISCLAIMER.

      You understand that when using the Research Platform or any of the other Volunteer Science Services, including hiring any Participants or participating in any Research, you may be exposed to Content or other materials from a variety of sources, and that Volunteer Science is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Volunteer Science with respect thereto. Volunteer Science does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and Volunteer Science expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, Volunteer Science may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, Volunteer Science does not permit copyright infringing activities on or through any of the Volunteer Science Services.

  12. Prohibited Conduct.

    BY USING THE RESEARCH PLATFORM OR ANY OF THE OTHER VOLUNTEER SCIENCE SERVICES YOU AGREE NOT TO:

    1. Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the Volunteer Science Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
    2. Use any of the Volunteer Science Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, any of the Volunteer Science Services;
    3. Provide any services to any third party using any of the Volunteer Science Services except in accordance with these Terms;
    4. Provide any services, directly or indirectly, that are similar to, or based on, the Volunteer Science Services or any other program based upon any of the Volunteer Science Services;
    5. Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the Volunteer Science Services or any part thereof;
    6. Copy, disclose, or distribute any data or other information available on any of the Volunteer Science Services, including any Researcher or Participant information, in any medium, including without limitation, by any automated or non-automated “scraping”; provided, that if you want access to Volunteer Science’s system’s data for research purposes, please contact us at webmaster@volunteerscience.com;
    7. Interfere with, circumvent or disable any security or other technological features or measures of any of the Volunteer Science Services or attempt to gain unauthorized access to any of the Volunteer Science Services or its related systems or networks;
    8. Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including Researchers and Participants) of any of the Volunteer Science Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
    9. Use bots or other automated methods to: access any of the Volunteer Science Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the Volunteer Science Services;
    10. Take any action that Volunteer Science determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
    11. Upload invalid data, viruses, worms or other software agents through the Site, the Applications and/or any of the other Volunteer Science Services;
    12. Collect or derive any personally identifiable information, including names, email addresses from the Site, the Applications and/or any of the other Volunteer Science Services except as may be expressly contemplated by these Terms and the Privacy Policy;
    13. Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
    14. Use any of the Volunteer Science Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
    15. Collect or harvest any personally identifiable information from the Volunteer Science Services, except as expressly permitted by the features of the applicable Volunteer Science Services; or
    16. Use the Volunteer Science Services for any commercial solicitation purposes except in accordance with these Terms.
  13. Third-Party Sites.

    The Volunteer Science Services may include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These services may include billing and payments, and payment processing. Volunteer Science does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.

  14. Mobile and Data Charges.

    You are responsible for any mobile and data charges that you may incur for using any of the Volunteer Science Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Research Platform or any of the other Volunteer Science Services.

  15. Termination; Terms of Use Violations.



    1. VOLUNTEER SCIENCE.

      You agree that Volunteer Science, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Research Platform or any of the other Volunteer Science Services or any account (or any part thereof) you may have with Volunteer Science and remove and discard all or any part of your account, user profile, and any Content, at any time. Volunteer Science may also in its sole discretion and at any time discontinue providing access to the Research Platform or any of the other Volunteer Science Services, or any part thereof, with or without notice. You agree that any termination of your access to the Research Platform or any of the other Volunteer Science Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Volunteer Science will not be liable to you or any third party for any such termination. Volunteer Science reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Volunteer Science to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Volunteer Science may have at law or in equity. As discussed herein, Volunteer Science does not permit copyright infringing activities on the Site, the Applications, the Research Platform or any of the other Volunteer Science Services, and shall be permitted to terminate access to any of the Volunteer Science Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD VOLUNTEER SCIENCE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VOLUNTEER SCIENCE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VOLUNTEER SCIENCE OR LAW ENFORCEMENT AUTHORITIES.

    2. YOU

      Your only remedy with respect to any dissatisfaction with (i) the Site, the Applications, the Research Platform or any of the other Volunteer Science Services, (ii) any term of these Terms, (iii) any policy or practice of Volunteer Science in operating the Site, the Applications, the Research Platform or the other Volunteer Science Services, or (iv) any Content transmitted through any of these Volunteer Science Services, is to terminate your account and/or your use of all of the Volunteer Science Services. You may terminate your use of the Volunteer Science Services and your account at any time. After such termination, you must refrain from use of the Volunteer Science Services until authorized by Volunteer Science.

  16. Ownership; Proprietary Rights.

    The Site, the Applications, the Research Platform and the other Volunteer Science Services are owned and operated by Volunteer Science. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Volunteer Science Services provided by Volunteer Science (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on any of the Volunteer Science Services are the property of Volunteer Science or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Volunteer Science or its affiliates and/or third-party licensors. Except as expressly authorized by Volunteer Science, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Volunteer Science reserves all rights not expressly granted in these Terms.

    Volunteer Science shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any of the Volunteer Science Services.

  17. Indemnification.

    You agree to indemnify, save, and hold Volunteer Science, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the Applications, the Research Platform or any of the other Volunteer Science Services, including the hiring of any Participants or participation in any Research, any of the Content, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein. Volunteer Science reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Volunteer Science, and you agree to cooperate with Volunteer Science’s defense of these claims. Volunteer Science will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You may not settle any claim without the prior written consent of Volunteer Science if that settlement requires an admission of liability or any payment by Volunteer Science.

  18. No Warranties; Disclaimers.



    1. NO WARRANTIES.

      TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VOLUNTEER SCIENCE AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “VOLUNTEER SCIENCE PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM AND THE OTHER VOLUNTEER SCIENCE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, VOLUNTEER SCIENCE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER VOLUNTEER SCIENCE SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE VOLUNTEER SCIENCE PARTIES OR THROUGH THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER VOLUNTEER SCIENCE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

    2. “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”.

      YOU EXPRESSLY AGREE THAT THE USE OF THE RESEARCH PLATFORM AND ANY OF THE OTHERVOLUNTEER SCIENCE SERVICES, THE HIRING OF ANY PARTICIPANTS OR THE PARTICIPATION IN ANY RESEARCH, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE VOLUNTEER SCIENCE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

    3. RESEARCH PLATFORM OPERATION AND CONTENT.

      THE VOLUNTEER SCIENCE PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE RESEARCH PLATFORM OR ANY OF THE OTHER VOLUNTEER SCIENCE SERVICES, OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

    4. ACCURACY.

      EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY VOLUNTEER SCIENCE, THE VOLUNTEER SCIENCE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE VOLUNTEER SCIENCE SERVICES OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

    5. HARM TO YOUR COMPUTER.

      YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH ANY OF THE VOLUNTEER SCIENCE SERVICES OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

  19. Limitation of Liability and Damages.



    1. LIMITATION OF LIABILITY.

      UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE VOLUNTEER SCIENCE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, ASSESSMENTS, RESULTS OR CONTENT ON THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER VOLUNTEER SCIENCE SERVICES OR ANY THIRD-PARTY SITES, OR ANY OTHER INTERACTIONS WITH VOLUNTEER SCIENCE, A RESEARCHER OR A PARTICIPANT, EVEN IF VOLUNTEER SCIENCE OR A VOLUNTEER SCIENCE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, VOLUNTEER SCIENCE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    2. LIMITATION OF DAMAGES.

      IN NO EVENT WILL THE VOLUNTEER SCIENCE PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER VOLUNTEER SCIENCE SERVICES, OR YOUR INTERACTION WITH RESEARCHERS, PARTICIPANTS AND OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) TEN DOLLARS ($10) AND (B) THE FEES PAID BY YOU, IF ANY, TO VOLUNTEER SCIENCE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

    3. RELEASE FOR DISPUTES BETWEEN USERS.

      If you have a dispute with any other Users (including any Participant or Researcher) or other third parties, you hereby release Volunteer Science and the other Volunteer Science Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

    4. THIRD-PARTY SITES.

      THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN VOLUNTEER SCIENCE AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE VOLUNTEER SCIENCE SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

    5. BASIS OF THE BARGAIN.

      YOU ACKNOWLEDGE AND AGREE THAT VOLUNTEER SCIENCE HAS OFFERED THE RESEARCH PLATFORM AND THE OTHER VOLUNTEER SCIENCE SERVICES, SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VOLUNTEER SCIENCE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VOLUNTEER SCIENCE. VOLUNTEER SCIENCE WOULD NOT BE ABLE TO PROVIDE ANY OF THE VOLUNTEER SCIENCE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

    6. LIMITATIONS BY APPLICABLE LAW.

      CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

  20. United States Export Controls.

    You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Volunteer Science Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.

  21. Miscellaneous



    1. NOTICE.

      Volunteer Science may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Volunteer Science Services. Notice will be deemed given twenty-four hours after the email is sent, unless Volunteer Science is notified that the email address is invalid. Alternatively, Volunteer Science may give you legal notice by mail to a postal address, if provided by you through any of the Volunteer Science Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the Volunteer Science Services are deemed given 30 days following the initial posting.

    2. WAIVER.

      The failure of Volunteer Science to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Volunteer Science.

    3. DISPUTE RESOLUTION.

      If a dispute arises between you and Volunteer Science, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Volunteer Science agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Site, the Applications, the Research Platform or the other Volunteer Science Services (a “Dispute”) will be resolved in accordance with this Section 22.3 or as Volunteer Science and you otherwise agree in writing. Before resorting to these dispute methods, Volunteer Science strongly encourages you to first contact Volunteer Science directly to seek a resolution.

      1. Choice of Law.

        These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE VOLUNTEER SCIENCE SERVICES.

      2. Arbitration and Class Action Waiver.

        PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

        1. ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND VOLUNTEER SCIENCE (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE VOLUNTEER SCIENCE SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF COMMERCIAL-RELATED DISPUTES AND YOU AND VOLUNTEER SCIENCE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS UNLESS OTHERWISE AGREED BY THE PARTIES AND THE NUMBER OF ARBITRATORS SHALL BE ONE (1). EXCEPT AS OTHERWISE REQUIRED BY LAW, THE PARTIES AND THE ARBITRATOR AGREE TO KEEP CONFIDENTIAL AND NOT DISCLOSE TO THIRD PARTIES ANY INFORMATION OR DOCUMENTS OBTAINED IN CONNECTION WITH THE ARBITRATION PROCESS, INCLUDING THE RESOLUTION OF THE ARBITRATION. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND VOLUNTEER SCIENCE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.

          Neither you nor Volunteer Science will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST VOLUNTEER SCIENCE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Volunteer Science is a party to the proceeding.

          This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

        2. Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 22.3(b) is found not to apply to you or your claim, you and Volunteer Science agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Boston, Massachusetts. Both you and Volunteer Science irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Volunteer Science may bring a claim for equitable relief in any court with proper jurisdiction.
        3. This arbitration agreement will survive the termination of your use of any of the Volunteer Science Services or your relationship with Volunteer Science.
      3. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 22.3 above by sending written notice of your decision to opt-out to the Volunteer Science contact information listed at the bottom of these Terms. The notice must be sent to Volunteer Science within thirty (30) days of your registering to use the Volunteer Science Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 22.3. If you opt-out of these arbitration provisions, however, we also will not be bound by them.
      4. Improperly Filed Claims. All claims you bring against Volunteer Science must be resolved in accordance with this Section 22.3. All claims filed or brought contrary to this Section 22.3 shall be considered improperly filed. Should you file a claim contrary to this Section 22.3, Volunteer Science may recover attorneys’ fees and costs up to $15,000, provided that Volunteer Science has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
      5. Prevailing Party. In the event that either party institutes any arbitration, legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, or any of the Volunteer Science Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court costs.
      6. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, ANY OF THE VOLUNTEER SCIENCE SERVICES, ANY PRODUCT OR OTHER SERVICES, ANY CONTENT OR YOUR RELATIONSHIP WITH VOLUNTEER SCIENCE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED.
    4. SUPPORT.

      Volunteer Science provides support by email. If you require support, please contact us at webmaster@volunteerscience.com. Support is provided Monday to Friday, 8am to 5pm (Eastern Time). In addition, Volunteer Science also has free tutorials for all new research terms. These tutorials are provided by via virtual call.

    5. SEVERABILITY.

      If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

    6. ASSIGNMENT.

      These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Volunteer Science without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

    7. SURVIVAL.

      Upon termination of these Terms, your use of the Site, the Applications, the Research Platform or any of the other Volunteer Science Services or your relationship with Volunteer Science, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, and 5 to 21.

    8. HEADINGS.

      The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

    9. ENTIRE AGREEMENT.

      These Terms, together with the Privacy Policy, the Policies are the entire agreement between you and Volunteer Science relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Volunteer Science as set forth in Section 10 above or as provided in the applicable agreement.

    10. NO AGENCY.

      No agency, partnership, joint venture, employee-Researcher or franchiser-franchisee relationship is intended or created by these Terms.

    11. GEOGRAPHIC RESTRICTIONS

      Volunteer Science is based in the state of Massachusetts in the United States. Volunteer Science makes no claims that any of the Volunteer Science Services or any of the content is accessible or appropriate outside of the United States. Access to the Site, the Applications, the Research Platform or any of the other Volunteer Science Services may not be legal by certain persons or in certain countries. If you access any of these Volunteer Science Services or hire any Participant or participate in any Research from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Volunteer Science with respect thereto.

    12. ELECTRONIC COMMUNICATIONS

      The communications between you and Volunteer Science use electronic means, whether you visit the Site or the Volunteer Science Services or send Volunteer Science e-mails, or whether Volunteer Science posts notices on the Site or Volunteer Science Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Volunteer Science in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Volunteer Science provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.

    13. DISCLOSURES.

      The Site, the Applications, the Research Platform and the other Volunteer Science Services are offered by Volunteer Science, Inc. located at: 148 Cornell St. Boston, MA 02131and email: webmaster@volunteerscience.com.

      If you are a California resident, you may have this same information emailed to you by sending a letter to Volunteer Science, Inc., 148 Cornell St. Boston, MA 02131with your email address and a request for this information.

      California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

© 2019 Volunteer Science, Inc.