Terms of Use
Terms of Use
Terms of Use
Effective date: May 8, 2026 · Last updated: June 19, 2026
Contents
1. Purpose of the website
2. Informational purposes only
3. No medical advice
4. No emergency services
5. No healthcare or professional relationship
6. Clinical study information
7. No guarantee of eligibility, enrollment, or benefit
8. Informed consent is separate
9. No waiver of research-participant rights
10. Website forms and sensitive information
11. Electronic communications
12. Permitted use
13. Prohibited conduct
14. Intellectual property
15. User submissions and feedback
16. Third-party links and services
17. Accuracy and website availability
18. Disclaimer of warranties
19. Limitation of liability
20. Indemnification
21. Governing law and venue
22. Arbitration and class-action waiver
23. Suspension and termination
24. Changes to the Terms
25. Other agreements
26. General contract terms
27. Contact information
These Terms of Use (these “Terms”) govern your (“user,” “you” or “your”) access to
and use of voltaireclinicalresearch.com (the “Website”). The Website is operated by
Voltaire Partners LLC, a Florida limited liability company, doing business as Voltaire
Clinical Research (the “Company,” “Voltaire,” “us,” “we” or “our”). You should not use
the Website if you do not agree to these Terms. These Terms are a binding agreement
that governs your use of the Website. If you do not agree to be bound by the Terms, you
must cease use of the Website immediately. We may, at our sole discretion, modify
these Terms at any time. By accessing the Website at any time after such modifications,
you are agreeing to such modifications.
1. Purpose of the Website
The Website provides general information about the Company, clinical research, sponsor and clinical research organization (“CRO”) relationships, research sites and investigators, patient and community engagement, and ways to contact Voltaire. The Website may not describe every service, study, eligibility criterion, risk, or opportunity.
2. Informational Purposes Only
The Website is for general informational and educational purposes. Content should not be relied upon as professional, regulatory, legal, or medical advice.
3. No Medical Advice
Information on this Website is not medical advice and is not a substitute for consultation with a qualified healthcare professional. Voltaire does not diagnose or treat medical conditions, including through this Website.
4. No Emergency Services
This Website is not monitored as an emergency service. Do not use this Website or its forms for urgent or emergency medical needs. In the United States, call 911. Outside the United States, contact the appropriate local emergency service.
5. No Healthcare or Professional Relationship
The use of this Website does not by itself create a physician-patient relationship, healthcare-provider relationship, investigator-participant relationship, sponsor-participant relationship, fiduciary relationship, professional-services engagement, or attorney-client relationship.
6. Clinical Study Information
Study information may be preliminary, incomplete, or subject to change. Study availability can change. Eligibility criteria are determined under the applicable protocol. Investigational products may not be approved for a particular use. Website content is not a representation regarding safety, effectiveness, suitability, or regulatory approval. Authorized study personnel will provide protocol-specific information.
7. No Guarantee of Eligibility, Enrollment, or Benefit
Submitting an inquiry does not guarantee a response within a particular period, study availability, prescreening, eligibility, enrollment, access to an investigational product, treatment, medical benefit, compensation, reimbursement, continued participation, or completion of a study.
8. Informed Consent Is Separate
These Terms are not an informed-consent document, research authorization, HIPAA authorization, or substitute for an institutional review board-approved consent process. Participation requires separate study-specific procedures and documentation.
9. No Waiver of Research-Participant Rights
Nothing in these Terms is intended to waive a research participant’s legal rights; release a sponsor, investigator, research site, institution, or agent from liability that cannot lawfully be waived; replace study-specific informed-consent documents; or limit rights relating to research-related injury where prohibited.
10. Website Forms and Sensitive Information
General Website forms are for general inquiries only, are not monitored for medical emergencies, are not intended for detailed medical or health information, and are not used by themselves to determine study eligibility. Do not submit diagnoses, medications, dates of birth, medical records, treatment histories, genetic information, insurance information, or other sensitive health information through a general Website form. Sponsors and CROs should not submit confidential protocols, trade secrets, or proprietary materials before an appropriate confidentiality agreement is in place.
11. Electronic Communications
Voltaire may respond electronically to submitted inquiries. Ordinary email may not be secure. Promotional communications will be sent only where permitted. Users may unsubscribe from promotional communications. Text-message consent, if offered, will be handled separately.
12. Permitted Use
Visitors may use the Website for lawful personal or internal business purposes, including reviewing Voltaire’s public information, contacting Voltaire, evaluating potential collaboration, and accessing publicly available educational content.
13. Prohibited Conduct
Prohibited conduct includes illegal use, fraud, impersonation, malware, unauthorized security testing, attempts to access restricted systems, disruption of the Website, automated scraping beyond permitted indexing, submission of false information, intellectual-property infringement, unauthorized collection or targeting of research-participant information, and submission of information without legal authority. Except as expressly permitted by these Terms, user shall not, and user agrees not to authorize, encourage, or permit any third party to: (1) modify, adapt, alter, translate, or create derivative works from the Website; (2) assign, lease, rent, loan, or otherwise transfer the Website; (3) use any analytics, data, content, or other output created by or from the Website on behalf of, or to perform any services for, any third party or include such analytics, data, content or other output in any services or products provided by user to any third party; (4) reverse engineer, decompile, disassemble or otherwise attempt (a) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Website, including without limitation, any such mechanism used to restrict or control the functionality of the Website or its authorized users or (b) to derive the source code or the underlying ideas, algorithms, structure or organization from the Website; (5) remove, modify or obscure any proprietary notices within the Website; (6) use any robot, spider, scraper or other automated means to access the Website; or (7) provide access to the Website to any person or entity that engages in illegal or deceptive trade practices or any other practices proscribed under applicable law.
14. Intellectual Property
The Website and all of its content, branding, copy, graphics, layout, logos, marks, documents, enhancements, upgrades, modifications, customizations, derivative works, selections, algorithms, compilations, aggregations, source code and/or object code, and copies thereof, and all information, methods, processes and all intellectual property contained therein (collectively, the “Website IP”) are and will remain the property of Voltaire. Voltaire has and will retain exclusive right and title to, and has all patent, copyright, trademark, trade secret and all other intellectual property rights in and to the Website IP. Nothing in these Terms will be construed as transferring any aspects of such rights to a user with the exception of a limited revocable, non-exclusive license to access the Website for lawful purposes. Voltaire shall have the right to register patents, trademarks and copyrights related to the Website with any governmental authority anywhere in the world. No ownership rights are transferred.
15. User Submissions and Feedback
Users must have the legal right to submit any information they provide. Voltaire may use submissions only as reasonably necessary to respond to the inquiry, evaluate the requested relationship, operate the Website, and comply with applicable law. This section does not create a broad public, perpetual, or transferable license over patient information, health information, investigator credentials, sponsor materials, or confidential information.
16. Third-Party Links and Services
The Website may permit a user to link to third-party websites, content, or resources (such as sponsor websites, CRO websites, research sites, ClinicalTrials.gov, secure screening platforms, scheduling tools, and social-media services) (“Third-Party Sites”). We are not responsible for the contents of any Third-Party Sites, or any changes or updates to such Third-Party Sites. We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any Third-Party Sites. A link does not necessarily constitute endorsement.
17. Accuracy and Website Availability
Voltaire seeks to provide useful and accurate information but does not guarantee that every page is complete or current, every study remains available, every link will function, the Website will be uninterrupted, or all errors will be corrected immediately.
18. Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis.
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY TO USER OR ANY OTHER PERSON, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT THAT IT HAS ACHIEVED OR OBTAINED ANY SECURITY CERTIFICATION OR OTHER PERMISSION, PERMIT, OR LICENSE FROM ANY GOVERNMENTAL ENTITY OR OTHER PUBLIC OR PRIVATE AUTHORITY. USER ACKNOWLEDGES THAT USE OF THE WEBSITE CAN BE INTERRUPTED BY ADVERSE WEATHER CONDITIONS, TRANSMISSION LIMITATIONS ATTRIBUTABLE TO THIRD-PARTY CARRIERS, NETWORKS, ATMOSPHERIC OR OTHER CONDITIONS OUT OF COMPANY’S CONTROL.
THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF COMPANY IS FOUND LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE DUE TO, ARISING OUT OR FROM, RESULTING FROM, RELATED TO OR AS A CONSEQUENCE OF, ANY MATTER WHATSOEVER, INCLUDING ANY USE OF THIS WEBSITE, ANY SUCH LIABILITY SHALL BE LIMITED TO $500.
20. Indemnification
USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND EACH OF COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, SUPPLIERS OR SUB-CONTRACTORS (COLLECTIVELY, THE “COMPANY PARTIES”) FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING OUT OR FROM, RESULTING FROM, RELATED TO OR AS A CONSEQUENCE OF, (I) ANY BREACH OF THESE TERMS BY USER; (II) THE USE OF THE WEBSITE BY USER; OR (III) USER'S NEGLIGENCE OR WILLFUL MISCONDUCT, INCLUDING, ANY CLAIM OR SUIT ASSERTED AGAINST ANY OF THE COMPANY PARTIES BY A PERSON OR ENTITY NOT A PARTY TO THESE TERMS OR ANY CLAIM OR SUIT SEEKING CONTRIBUTION OR SUBROGATION (EACH A “THIRD-PARTY CLAIM”). THE COMPANY MAY APPOINT LEGAL COUNSEL TO CONTROL THE INVESTIGATION, DEFENSE AND SETTLEMENT OF ANY CLAIM OR SUIT ASSERTED AGAINST ANY OF THE COMPANY PARTIES.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to applicable conflict-of-law principles. Subject to Section 22 below, any permitted court proceeding will be brought exclusively in Broward County, Florida except where applicable law requires otherwise.
22. Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS SECTION REQUIRES THAT MOST DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT LIMITS THE MANNER IN WHICH A USER MAY SEEK RELIEF.
(a) Scope of Arbitration. Except as otherwise provided in these Terms or to the extent prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, any use of the Website, any submission made through the Website, or the relationship between a user and Voltaire arising from or relating to the Website, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding arbitration on an individual basis.
(b) Exclusions. Notwithstanding the foregoing, either party may: (i) bring an individual action in small claims court if the matter qualifies; (ii) seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction as reasonably necessary to prevent actual or threatened misuse of the Website, unauthorized access, infringement, misappropriation, or violation of intellectual-property or confidentiality rights; or (iii) pursue claims that applicable law does not permit to be subject to mandatory arbitration. For the avoidance of doubt, this Section is not intended to require arbitration of any claim to the extent such requirement would be unenforceable under applicable law, including any non-waivable claim relating to personal injury, research-related injury, or protections afforded to research participants.
(c) Informal Resolution. Before commencing arbitration, a party seeking to initiate a dispute shall provide the other party with a written notice describing the nature of the dispute and the requested relief. The parties shall use commercially reasonable efforts to resolve the dispute informally for thirty (30) days after receipt of such notice before arbitration is commenced, unless a shorter period is required for injunctive relief.
(d) Arbitration Rules and Administration. The arbitration shall be administered by the American Arbitration Association under its applicable consumer or commercial arbitration rules then in effect, as applicable, except as modified by these Terms. If the American Arbitration Association is unavailable or unwilling to administer the arbitration, the parties shall confer in good faith regarding a substitute administrator, and if they cannot agree, a court of competent jurisdiction may appoint one. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court of competent jurisdiction shall determine issues relating to the enforceability of the class-action waiver below and any matter expressly reserved to a court under applicable law.
(e) Location and Manner of Proceeding. Unless the parties agree otherwise, arbitration shall be conducted in Broward County, Florida, provided that if in-person attendance would impose an undue burden, the arbitration may be conducted by telephone, videoconference, submission of documents, or at another reasonably convenient location or manner permitted by the applicable rules. The arbitrator may conduct proceedings in a manner that is efficient and proportionate to the nature and amount of the dispute.
(f) Individual Relief Only; Class-Action Waiver. To the maximum extent permitted by applicable law, all disputes must be brought solely in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any purported class, collective, consolidated, representative, coordinated, or mass action or proceeding. The arbitrator shall have no authority to hear or arbitrate any class, collective, representative, coordinated, or mass claim, to consolidate the claims of different persons, or to award relief to anyone other than the individual party seeking relief to the extent necessary to resolve that party’s individual claim.
(g) JURY-TRIAL WAIVER. To the extent any dispute proceeds in court rather than arbitration, each party waives, to the maximum extent permitted by applicable law, any right to a trial by jury.
(h) Fees and Costs. Payment of arbitration fees and costs shall be governed by the applicable arbitration rules and applicable law. Each party shall bear its own attorneys’ fees and costs except to the extent otherwise provided in these Terms, the applicable arbitration rules, or applicable law. This Section is not intended to impose costs on a user in excess of those that applicable law permits.
(i) Opt-Out Right. A user may opt out of this arbitration provision by sending written notice of the decision to opt out within thirty (30) days after the user’s first use of the Website following the effective date of these Terms. The opt-out notice must include the user’s name, contact information, and a clear statement that the user elects to opt out of Section 22 of these Terms. An opt-out notice must be sent to the contact information listed in Section 27. If a user validly opts out, neither party will be bound by this Section with respect to that user, but all other provisions of these Terms will remain in effect.
(j) Severability. If any portion of this Section is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall proceed in a court of competent jurisdiction to the extent required by applicable law, and the remainder of this Section shall remain in full force and effect. However, if the class-action waiver in subsection (f) is found unenforceable with respect to a particular dispute, then this Section shall be unenforceable as to that dispute to the extent required by applicable law.
(k) Survival. This Section shall survive termination of a user’s relationship with Voltaire, any cessation of use of the Website, and any suspension or termination of Website access.
23. Suspension and Termination
Voltaire may suspend or restrict access where reasonably necessary due to security concerns, illegal activity, misuse, violation of the Terms, or threats to other users or systems.
24. Changes to the Terms
Updated Terms may be posted with a revised effective date. Your use of the Website after the posting of such updates shall be deemed acceptance of such updated terms. Updates will not replace or alter separately executed agreements or completed study-specific consent documents.
25. Other Agreements
These Terms do not supersede clinical trial agreements, site agreements, sponsor agreements, CRO agreements, confidentiality agreements, business associate agreements, informed-consent forms, HIPAA authorizations, IRB-approved documents, or other separately signed agreements. Where a conflict exists, the separately executed agreement shall govern the relevant subject matter.
26. Miscellaneous
These Terms (and the Company’s privacy policy on the Website) contain the entire agreement between the Company and the user with respect to the use of the Website, and supersede all prior or current negotiations, commitments, contracts (express or implied), warranties (express or implied), statements and representations, whether written or oral, pertaining to this Website and the use thereof, except as expressly set forth in Section 25. NEITHER PARTY HAS MADE ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY OR INDUCEMENT (COLLECTIVELY, “INDUCEMENT”) NOT EXPRESSED IN THESE TERMS AND, IN ENTERING INTO THESE TERMS, NEITHER PARTY IS RELYING ON ANY INDUCEMENT THAT IS NOT SET FORTH IN THESE TERMS.
The words “include,” “includes,” “including” or any variation of such words or any similar words, when used in these Terms, are not words of limitation but mean “including without limitation or example.” The term “hereunder” means “under these Terms taken as a whole” and the term “hereof” means “of these Terms taken as a whole” and neither term is limited to the particular section or sub-section in which the word is found. Any reference to (i) a section shall, unless otherwise noted, include a reference to all sub-sections of such section; and (ii) the singular in these Terms shall include a reference to the plural in these Terms and vice versa. The word “shall” is mandatory, not permissive. If these Terms give Company any option, right or discretion, Company shall exercise such option, right or discretion in Company’s sole and absolute discretion. Section headings used in these Terms are for convenience and shall not be considered in construing these Terms. These Terms shall not be construed against the drafter. The inclusion or exclusion of the Oxford comma shall not be considered when construing these Terms.
These Terms shall be binding upon, inure to the benefit of, and be enforceable by the parties and all of their respective heirs, personal representatives, legal representatives, successors and assigns.
27. Contact Information
Voltaire Partners LLC
7369 Sheridan Street, Suite 205
Hollywood, FL 33024
1. Purpose of the Website
The Website provides general information about the Company, clinical research, sponsor and clinical research organization (“CRO”) relationships, research sites and investigators, patient and community engagement, and ways to contact Voltaire. The Website may not describe every service, study, eligibility criterion, risk, or opportunity.
2. Informational Purposes Only
The Website is for general informational and educational purposes. Content should not be relied upon as professional, regulatory, legal, or medical advice.
3. No Medical Advice
Information on this Website is not medical advice and is not a substitute for consultation with a qualified healthcare professional. Voltaire does not diagnose or treat medical conditions, including through this Website.
4. No Emergency Services
This Website is not monitored as an emergency service. Do not use this Website or its forms for urgent or emergency medical needs. In the United States, call 911. Outside the United States, contact the appropriate local emergency service.
5. No Healthcare or Professional Relationship
The use of this Website does not by itself create a physician-patient relationship, healthcare-provider relationship, investigator-participant relationship, sponsor-participant relationship, fiduciary relationship, professional-services engagement, or attorney-client relationship.
6. Clinical Study Information
Study information may be preliminary, incomplete, or subject to change. Study availability can change. Eligibility criteria are determined under the applicable protocol. Investigational products may not be approved for a particular use. Website content is not a representation regarding safety, effectiveness, suitability, or regulatory approval. Authorized study personnel will provide protocol-specific information.
7. No Guarantee of Eligibility, Enrollment, or Benefit
Submitting an inquiry does not guarantee a response within a particular period, study availability, prescreening, eligibility, enrollment, access to an investigational product, treatment, medical benefit, compensation, reimbursement, continued participation, or completion of a study.
8. Informed Consent Is Separate
These Terms are not an informed-consent document, research authorization, HIPAA authorization, or substitute for an institutional review board-approved consent process. Participation requires separate study-specific procedures and documentation.
9. No Waiver of Research-Participant Rights
Nothing in these Terms is intended to waive a research participant’s legal rights; release a sponsor, investigator, research site, institution, or agent from liability that cannot lawfully be waived; replace study-specific informed-consent documents; or limit rights relating to research-related injury where prohibited.
10. Website Forms and Sensitive Information
General Website forms are for general inquiries only, are not monitored for medical emergencies, are not intended for detailed medical or health information, and are not used by themselves to determine study eligibility. Do not submit diagnoses, medications, dates of birth, medical records, treatment histories, genetic information, insurance information, or other sensitive health information through a general Website form. Sponsors and CROs should not submit confidential protocols, trade secrets, or proprietary materials before an appropriate confidentiality agreement is in place.
11. Electronic Communications
Voltaire may respond electronically to submitted inquiries. Ordinary email may not be secure. Promotional communications will be sent only where permitted. Users may unsubscribe from promotional communications. Text-message consent, if offered, will be handled separately.
12. Permitted Use
Visitors may use the Website for lawful personal or internal business purposes, including reviewing Voltaire’s public information, contacting Voltaire, evaluating potential collaboration, and accessing publicly available educational content.
13. Prohibited Conduct
Prohibited conduct includes illegal use, fraud, impersonation, malware, unauthorized security testing, attempts to access restricted systems, disruption of the Website, automated scraping beyond permitted indexing, submission of false information, intellectual-property infringement, unauthorized collection or targeting of research-participant information, and submission of information without legal authority. Except as expressly permitted by these Terms, user shall not, and user agrees not to authorize, encourage, or permit any third party to: (1) modify, adapt, alter, translate, or create derivative works from the Website; (2) assign, lease, rent, loan, or otherwise transfer the Website; (3) use any analytics, data, content, or other output created by or from the Website on behalf of, or to perform any services for, any third party or include such analytics, data, content or other output in any services or products provided by user to any third party; (4) reverse engineer, decompile, disassemble or otherwise attempt (a) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Website, including without limitation, any such mechanism used to restrict or control the functionality of the Website or its authorized users or (b) to derive the source code or the underlying ideas, algorithms, structure or organization from the Website; (5) remove, modify or obscure any proprietary notices within the Website; (6) use any robot, spider, scraper or other automated means to access the Website; or (7) provide access to the Website to any person or entity that engages in illegal or deceptive trade practices or any other practices proscribed under applicable law.
14. Intellectual Property
The Website and all of its content, branding, copy, graphics, layout, logos, marks, documents, enhancements, upgrades, modifications, customizations, derivative works, selections, algorithms, compilations, aggregations, source code and/or object code, and copies thereof, and all information, methods, processes and all intellectual property contained therein (collectively, the “Website IP”) are and will remain the property of Voltaire. Voltaire has and will retain exclusive right and title to, and has all patent, copyright, trademark, trade secret and all other intellectual property rights in and to the Website IP. Nothing in these Terms will be construed as transferring any aspects of such rights to a user with the exception of a limited revocable, non-exclusive license to access the Website for lawful purposes. Voltaire shall have the right to register patents, trademarks and copyrights related to the Website with any governmental authority anywhere in the world. No ownership rights are transferred.
15. User Submissions and Feedback
Users must have the legal right to submit any information they provide. Voltaire may use submissions only as reasonably necessary to respond to the inquiry, evaluate the requested relationship, operate the Website, and comply with applicable law. This section does not create a broad public, perpetual, or transferable license over patient information, health information, investigator credentials, sponsor materials, or confidential information.
16. Third-Party Links and Services
The Website may permit a user to link to third-party websites, content, or resources (such as sponsor websites, CRO websites, research sites, ClinicalTrials.gov, secure screening platforms, scheduling tools, and social-media services) (“Third-Party Sites”). We are not responsible for the contents of any Third-Party Sites, or any changes or updates to such Third-Party Sites. We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any Third-Party Sites. A link does not necessarily constitute endorsement.
17. Accuracy and Website Availability
Voltaire seeks to provide useful and accurate information but does not guarantee that every page is complete or current, every study remains available, every link will function, the Website will be uninterrupted, or all errors will be corrected immediately.
18. Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis.
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY TO USER OR ANY OTHER PERSON, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT THAT IT HAS ACHIEVED OR OBTAINED ANY SECURITY CERTIFICATION OR OTHER PERMISSION, PERMIT, OR LICENSE FROM ANY GOVERNMENTAL ENTITY OR OTHER PUBLIC OR PRIVATE AUTHORITY. USER ACKNOWLEDGES THAT USE OF THE WEBSITE CAN BE INTERRUPTED BY ADVERSE WEATHER CONDITIONS, TRANSMISSION LIMITATIONS ATTRIBUTABLE TO THIRD-PARTY CARRIERS, NETWORKS, ATMOSPHERIC OR OTHER CONDITIONS OUT OF COMPANY’S CONTROL.
THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF COMPANY IS FOUND LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE DUE TO, ARISING OUT OR FROM, RESULTING FROM, RELATED TO OR AS A CONSEQUENCE OF, ANY MATTER WHATSOEVER, INCLUDING ANY USE OF THIS WEBSITE, ANY SUCH LIABILITY SHALL BE LIMITED TO $500.
20. Indemnification
USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND EACH OF COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, SUPPLIERS OR SUB-CONTRACTORS (COLLECTIVELY, THE “COMPANY PARTIES”) FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING OUT OR FROM, RESULTING FROM, RELATED TO OR AS A CONSEQUENCE OF, (I) ANY BREACH OF THESE TERMS BY USER; (II) THE USE OF THE WEBSITE BY USER; OR (III) USER'S NEGLIGENCE OR WILLFUL MISCONDUCT, INCLUDING, ANY CLAIM OR SUIT ASSERTED AGAINST ANY OF THE COMPANY PARTIES BY A PERSON OR ENTITY NOT A PARTY TO THESE TERMS OR ANY CLAIM OR SUIT SEEKING CONTRIBUTION OR SUBROGATION (EACH A “THIRD-PARTY CLAIM”). THE COMPANY MAY APPOINT LEGAL COUNSEL TO CONTROL THE INVESTIGATION, DEFENSE AND SETTLEMENT OF ANY CLAIM OR SUIT ASSERTED AGAINST ANY OF THE COMPANY PARTIES.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to applicable conflict-of-law principles. Subject to Section 22 below, any permitted court proceeding will be brought exclusively in Broward County, Florida except where applicable law requires otherwise.
22. Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS SECTION REQUIRES THAT MOST DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT LIMITS THE MANNER IN WHICH A USER MAY SEEK RELIEF.
(a) Scope of Arbitration. Except as otherwise provided in these Terms or to the extent prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, any use of the Website, any submission made through the Website, or the relationship between a user and Voltaire arising from or relating to the Website, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding arbitration on an individual basis.
(b) Exclusions. Notwithstanding the foregoing, either party may: (i) bring an individual action in small claims court if the matter qualifies; (ii) seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction as reasonably necessary to prevent actual or threatened misuse of the Website, unauthorized access, infringement, misappropriation, or violation of intellectual-property or confidentiality rights; or (iii) pursue claims that applicable law does not permit to be subject to mandatory arbitration. For the avoidance of doubt, this Section is not intended to require arbitration of any claim to the extent such requirement would be unenforceable under applicable law, including any non-waivable claim relating to personal injury, research-related injury, or protections afforded to research participants.
(c) Informal Resolution. Before commencing arbitration, a party seeking to initiate a dispute shall provide the other party with a written notice describing the nature of the dispute and the requested relief. The parties shall use commercially reasonable efforts to resolve the dispute informally for thirty (30) days after receipt of such notice before arbitration is commenced, unless a shorter period is required for injunctive relief.
(d) Arbitration Rules and Administration. The arbitration shall be administered by the American Arbitration Association under its applicable consumer or commercial arbitration rules then in effect, as applicable, except as modified by these Terms. If the American Arbitration Association is unavailable or unwilling to administer the arbitration, the parties shall confer in good faith regarding a substitute administrator, and if they cannot agree, a court of competent jurisdiction may appoint one. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court of competent jurisdiction shall determine issues relating to the enforceability of the class-action waiver below and any matter expressly reserved to a court under applicable law.
(e) Location and Manner of Proceeding. Unless the parties agree otherwise, arbitration shall be conducted in Broward County, Florida, provided that if in-person attendance would impose an undue burden, the arbitration may be conducted by telephone, videoconference, submission of documents, or at another reasonably convenient location or manner permitted by the applicable rules. The arbitrator may conduct proceedings in a manner that is efficient and proportionate to the nature and amount of the dispute.
(f) Individual Relief Only; Class-Action Waiver. To the maximum extent permitted by applicable law, all disputes must be brought solely in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any purported class, collective, consolidated, representative, coordinated, or mass action or proceeding. The arbitrator shall have no authority to hear or arbitrate any class, collective, representative, coordinated, or mass claim, to consolidate the claims of different persons, or to award relief to anyone other than the individual party seeking relief to the extent necessary to resolve that party’s individual claim.
(g) JURY-TRIAL WAIVER. To the extent any dispute proceeds in court rather than arbitration, each party waives, to the maximum extent permitted by applicable law, any right to a trial by jury.
(h) Fees and Costs. Payment of arbitration fees and costs shall be governed by the applicable arbitration rules and applicable law. Each party shall bear its own attorneys’ fees and costs except to the extent otherwise provided in these Terms, the applicable arbitration rules, or applicable law. This Section is not intended to impose costs on a user in excess of those that applicable law permits.
(i) Opt-Out Right. A user may opt out of this arbitration provision by sending written notice of the decision to opt out within thirty (30) days after the user’s first use of the Website following the effective date of these Terms. The opt-out notice must include the user’s name, contact information, and a clear statement that the user elects to opt out of Section 22 of these Terms. An opt-out notice must be sent to the contact information listed in Section 27. If a user validly opts out, neither party will be bound by this Section with respect to that user, but all other provisions of these Terms will remain in effect.
(j) Severability. If any portion of this Section is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall proceed in a court of competent jurisdiction to the extent required by applicable law, and the remainder of this Section shall remain in full force and effect. However, if the class-action waiver in subsection (f) is found unenforceable with respect to a particular dispute, then this Section shall be unenforceable as to that dispute to the extent required by applicable law.
(k) Survival. This Section shall survive termination of a user’s relationship with Voltaire, any cessation of use of the Website, and any suspension or termination of Website access.
23. Suspension and Termination
Voltaire may suspend or restrict access where reasonably necessary due to security concerns, illegal activity, misuse, violation of the Terms, or threats to other users or systems.
24. Changes to the Terms
Updated Terms may be posted with a revised effective date. Your use of the Website after the posting of such updates shall be deemed acceptance of such updated terms. Updates will not replace or alter separately executed agreements or completed study-specific consent documents.
25. Other Agreements
These Terms do not supersede clinical trial agreements, site agreements, sponsor agreements, CRO agreements, confidentiality agreements, business associate agreements, informed-consent forms, HIPAA authorizations, IRB-approved documents, or other separately signed agreements. Where a conflict exists, the separately executed agreement shall govern the relevant subject matter.
26. Miscellaneous
These Terms (and the Company’s privacy policy on the Website) contain the entire agreement between the Company and the user with respect to the use of the Website, and supersede all prior or current negotiations, commitments, contracts (express or implied), warranties (express or implied), statements and representations, whether written or oral, pertaining to this Website and the use thereof, except as expressly set forth in Section 25. NEITHER PARTY HAS MADE ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY OR INDUCEMENT (COLLECTIVELY, “INDUCEMENT”) NOT EXPRESSED IN THESE TERMS AND, IN ENTERING INTO THESE TERMS, NEITHER PARTY IS RELYING ON ANY INDUCEMENT THAT IS NOT SET FORTH IN THESE TERMS.
The words “include,” “includes,” “including” or any variation of such words or any similar words, when used in these Terms, are not words of limitation but mean “including without limitation or example.” The term “hereunder” means “under these Terms taken as a whole” and the term “hereof” means “of these Terms taken as a whole” and neither term is limited to the particular section or sub-section in which the word is found. Any reference to (i) a section shall, unless otherwise noted, include a reference to all sub-sections of such section; and (ii) the singular in these Terms shall include a reference to the plural in these Terms and vice versa. The word “shall” is mandatory, not permissive. If these Terms give Company any option, right or discretion, Company shall exercise such option, right or discretion in Company’s sole and absolute discretion. Section headings used in these Terms are for convenience and shall not be considered in construing these Terms. These Terms shall not be construed against the drafter. The inclusion or exclusion of the Oxford comma shall not be considered when construing these Terms.
These Terms shall be binding upon, inure to the benefit of, and be enforceable by the parties and all of their respective heirs, personal representatives, legal representatives, successors and assigns.
27. Contact Information
Voltaire Partners LLC
7369 Sheridan Street, Suite 205
Hollywood, FL 33024