Last Updated: January 11, 2021

The following terms of use apply specifically to www.calm.yiviva.com (the “Study Website”) a website associated with a research study entitled: Combination of YIV-906 and Sorafenib to treat Advanced Liver cancer in a Multi-center study or the “CALM” study. The CALM study is an international clinical study to compare the effects of YIV-906, an investigational product, and sorafenib, a standard of care treatment, versus sorafenib alone in patients with liver cancer who also have hepatitis B. The Study Website is maintained by Yiviva, Inc. (“Yiviva,” “we” or “us”), the sponsor of the CALM study. The purpose of the Study Website is to support recruitment for the CALM study. By using the Study Website you agree to be bound by these Terms of Use (“Terms”). Please review these Terms carefully. If you do not agree with these Terms, do not use the Study Website.

1. Purpose of the Website

The purpose of the Study Website is to facilitate recruitment for the CALM study. If you think that you might be qualified for the study and you would like to learn more about the study and be considered for participation, the Study Website will enable you to provide your contact information and limited health information so that you may be considered for participation in the study. These Terms govern your use of the Study Website. To use the Study Website, you must be 18 years of age or older.

2. Clinical Trial Recruitment Process

Information submitted by visitors to the Study Website will be sent to study sites for review. If you chose to submit information through the Study Website, you will be contacted by a study site to discuss the clinical trial. If you meet certain criteria (or clinical trial requirements) you may be invited for further screening. You will only be invited to participate in the trial if you meet all of the trial’s criteria

3. Things to Consider before Participating in a Clinical Trial

Here are some important things to consider before submitting your personal information to the Study Website:

  • Yiviva has privacy practices that govern the use of personal information submitted through Study Website. You should review the Study Website Privacy Policy carefully before submitting information through the Study Website.
  • Clinical trials are voluntary – you do not have to participate in a clinical trial and even if you agree to participate, you can change your mind at any time, even after signing a consent form.
  • Submitting your information through the Study Website does not guarantee your participation in the study. Not everyone qualifies for every clinical trial. If you submit your information through the Study Website, and even if you are selected for additional screening procedures, you may not ultimately qualify for the study.
  • If you do qualify for the study, and you are invited to participate, you should read all of the information provided to you regarding the trial and ask any questions that you have. It can also be helpful to talk with health care providers, friends and family about clinical trial participation.

4. Amendments to these Terms.

These Terms may be amended by Yiviva from time to time so you should review them each time you visit the Study Website. You can check the date of the last modification at the top of this page. If you continue to use of the Study Website after we post revised Terms, it means that you accept and agree to the changes.

5. Limited Right to Use the Study Website.

The Website and its contents are protected by copyright, trademark and other proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from the Study Website grants you only the right to use the Study Website for your personal use and does not authorize you to republish, distribute, assign, sell, link to the Study Website from another location or otherwise use the Study Website unless you have received Yiviva’s express written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, other than for your personal, not-for profit use. You do not acquire any ownership rights to the Study Website or to any of its contents.

6. Prohibited Uses.

You may use the Study Website only for lawful purposes and in accordance with these Terms. You agree not to use the Study Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
  • To transmit, or arrange for the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”,“chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate Yiviva, its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Study Website, or which, as determined by us, may harm Yiviva or users of the Study Website or expose them to liability.

Additionally, you agree not to:

  • Use the Study Website in any manner that could disable, overburden, damage, or impair the Study Website or interfere with any other party’s use of the Study Website, including their ability to engage in real time activities through the Study Website;
  • Use any robot, spider or other automatic device, process or means to access the Study Website for any purpose, including monitoring or copying any of the material on the Study Website;
  • Use any manual process to monitor or copy any of the material on the Study Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Study Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Study Website, the server on which the Study Website is stored, or any server, computer or database connected to the Study Website;
  • Attack the Study Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Study Website.

7. Intellectual Property Notice.

All Study Website design, text, graphics, the selection and arrangement thereof, and software are the copyrighted works of their respective owners or licensors. All Rights Reserved. If you believe that any Study Website content violates or infringes upon yours or a third party’s intellectual property rights, please notify us immediately at hello@yiviva.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

8. Privacy Policy.

The Yiviva website Privacy Policy governs your use of the Study Website. It may be updated from time to time without specific notice to you, so please review it carefully and regularly.

9. Warranty Disclaimer.

THE INFORMATION ON THIS STUDY WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE). NEITHER, YIVIVA, NOR ANY PERSON ASSOCIATED WITH YIVIVA, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE STUDY WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER YIVIVA, NOR ANYONE ASSOCIATED WITH YIVIVA REPRESENTS OR WARRANTS THAT THE STUDY WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STUDY WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE STUDY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE STUDY WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STUDY WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. LIMITATION OF LIABILITY.

IN NO EVENT WILL YIVIVA, ITS AFFILIATES OR THEIR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE STUDY WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE STUDY WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STUDY WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification.

ou agree to defend, indemnify and hold Yiviva harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Study Website.

12. Links to other Web Websites.

The Study Website may contain links to other Internet Websites and information provided by persons not affiliated with Yiviva. Such links are not endorsements or referrals of any products, services or information contained in such Websites, and no information in any such Website has been endorsed or approved hereby.

13. Governing Law.

By using the Study Website, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its conflict of law rules. By using the Study Website you also agree that all litigation arising out of or in connection with these Terms shall be brought in the state or federal courts of New York City, New York.

14. Waiver and Severability.

No waiver by Yiviva of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Yiviva to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

15. Contact Us

Technical questions or concerns about this Site or the Study Website should be directed to: hello@yiviva.com