By using or visiting the website, services, mobile applications, or content provided by allenrsch.org (“Site”), a service of the Allen Research Endowment (“ARE”), you are agreeing to be bound by the following Terms of Agreement (“Terms”). If you don’t agree to these Terms, you may not register, visit, or use the Site.
GRANT OF LICENSE
Subject to the Terms and Conditions and your continued compliance therewith, this Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use the Sites, to the extent attribution is to Allen Research Endowment or is not attributed to another, and the text, graphics, data, information, and other content made available through or from the Sites (collectively, “Content”), including without limitation, Content obtained through widgets, RSS feeds, APIs or other similar means. To the extent the attribution to text, graphics, data, information and other content made available through or from the Sites is to another that is not Allen Research Endowment, you may not download, republish, retransmit, reproduce or use any such content as a stand-alone file. In furtherance of its mission to further the public debate on important issues, the Content may be accessed, printed, displayed, downloaded and distributed for personal, educational, news reporting, or other policy purposes, provided that all copies display all copyright and other applicable notices to the extent such notices are contained in such Content and provided further that you do not use the Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to Allen Research Endowment. You must also provide proper attribution to the Allen Research Endowment in connection with your use of any Content. Any rights not expressly granted herein are reserved.
You may not copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content for a fee or for other commercial purposes except pursuant to a separate written agreement with the Allen Research Endowment. If you wish to use any Content for any commercial purpose or any purpose not permitted by this Agreement, please review our Use policy and contact the Allen Research Endowment at email@example.com. Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of the Allen Research Endowment, except to extent such Content is obtained through a widget, RSS feed, or other similar means. You represent and warrant to the Allen Research Endowment that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or interfering with the Sites; (b) collecting any information about other users of the Sites; or (c) systematically extracting data contained in the Sites to populate databases for internal or external use.
NO PRACTICE OF MEDICINE
You understand and agree that we are not engaged in the practice of medicine, either through the Site or any associated communications or services, and that the Site is not a substitute for professional medical advice, diagnosis, or treatment. The Site is provided for informational purposes only and is provided “AS IS.” You are encouraged to seek professional diagnosis and treatment for medical conditions. You should never disregard medical advice, delay visiting a medical professional, or deviate from a treatment plan prescribed or recommended to you by your medical professional because of something you have read on the Site. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE.
We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Site or on links reached through the Site. We have no control over any clinical trial or treatment described on the Site, and we cannot guarantee the accuracy of information about any clinical trial or treatment described on the Site. We are not liable for any consequences resulting from your participating or not participating in a clinical trial.
Future Changes to these Terms
These Terms can change at any time, and you should look at the Terms regularly. In general, your use of the Site after the effective date of any updated Terms posted on the Site constitutes your consent to the updated Terms. We expect that most changes will be minor in nature or reflect changes in the services we offer. However, in the unlikely event that we would ever make changes to these Terms that would materially disadvantage you, we would let you know in advance by email or by posting a notice on the site. The notice would designate a reasonable amount of time before the new terms would go into effect for all users, and if you continued to use the Site thereafter, your use would constitute consent to the new Terms.
As used herein, “ARE” includes ARE and its affiliates, subsidiaries, officers, directors, employees, and agents.
Eligible Users of this Site
This Site is intended for use by adults. If you are between the ages of 13 and 18 years old, you may use this Site only if: (i) your use has been approved by your parent or legal guardian, (ii) you use the Site under his or her supervision, and (iii) he or she has agreed to the Terms (and any additional registration agreements, if applicable) on your behalf.
If you are the parent of a minor, you may use the Site and agree to the Terms on behalf of the minor. By doing so, you warrant that you have the legal capacity to act on the minor’s behalf and you agree that the provisions of the Terms (and any additional registration agreements, if applicable) that are applicable to you are equally applicable to the minor.
Under no circumstances may a minor under the age of 13 use the Site.
B. NATIONAL RESIDENCE
The Site is intended primarily for U.S. users. If you are not a resident of the U.S.:
We make no claim that information on the Site is appropriate or permissible in your country. Products and clinical studies discussed on the Site may have different product labeling and disclosure requirements in different countries;
If you register or submit information on the Site, you agree that we may, subject to the protections and limitations described in our Privacy Statement and on the Site, collect, use, store, or disclose that information in the United States or in another country outside your jurisdiction that has not been ruled adequate by the European Union. You understand that information protection laws outside your country of residence may vary. By providing your information, you consent to the international transfer of your information for the purposes explained in these Terms, the Privacy Statement, or elsewhere on the Site.
Content Posted by Users
“Content” is content or information (including text, images, video, and audio) submitted or posted by users of the Site to the public areas of the Site. By submitting Content, you grant us, subject to our Privacy Statement, a worldwide, non-exclusive, royalty-free right to store, host, reproduce, create derivate works of, publish, publicly perform, display, use and distribute such Content. You also grant us the right to sub-license these rights and the right to sue for infringement of these rights. All these intellectual property rights are reserved. (To clarify, this license only applies to Content you publicly post to the Site — it does not apply to any personally identifiable information you supply when you, for example, create an account, make a donation, or sign up for an event, which is used and protected in accordance with our Privacy Statement.)
Discussion Policy for Content Posted for Users
The purpose of our social pages on which users and visitors can post Content is to build a positive and productive community for people living with CF, their family, friends and supporters. We ask that you be respectful of others.
ARE may post its own blogs or other content on the Site, such as responses to inquiries or comments or news and updates about the Allen Research Endowment.
In general, ARE does not control, pre-approve, or monitor content submitted by our Community members. Nevertheless, ARE nonetheless retains the right (but not the obligation) to monitor, refuse to post, or delete any Content available through the Site.
Posts or discussions by Community members in no way reflect the views of ARE.
By posting any Content, you are agreeing that you will follow these Rules, as well as the rest of these Terms, and that we may use your Content to promote ARE’s work and as described further herein.
We may remove or block Content and/or block users from ARE community pages if we consider Content to be in any way inconsistent with or harmful to the purpose of the community, including:
• Content that is profane, obscene, vulgar, defamatory, abusive, threatening, false, misleading, offensive, derogatory or discriminatory (including comments about sex, age, race, sexual orientation, political or religious affiliation), or otherwise inappropriate;
• Use of names or photographs of individuals without their permission or Content that otherwise invades confidentiality or privacy interests;
• Advice or other information that could cause injury, illness, or harm;
• Promotion of any advertisement for products, services, or causes, or solicitation of funds or donations other than for ARE-related events or causes;
• Content that infringes copyright or any other intellectual property rights.
• Any other content that ARE believes, in our sole discretion, violates the spirit or letter of these Community Discussion Rules or any other provision in these Terms.
By posting Content, you further agree that:
• ARE bears no responsibility for its accuracy, appropriateness, or quality;
• You must evaluate and bear all risks associated with any Content you post, including the risks of any intellectual property or other legal claims related to the Content;
• ARE will be in no way liable for any Content or any consequences of its inclusion or omission and that there is no implication that any Content posted by users on the Site is in any way endorsed or approved by ARE;
• You have no recourse against ARE if we, in our sole discretion, post, refuse to post, delete, or refuse to delete, any Content submitted by users.
Registration, Passwords, and Security
If you register and create a ARE account, you must provide us with accurate information, and you will choose a password. You are responsible for maintaining the confidentiality of your password, and you are not permitted to share your password. You agree to notify us immediately of any unauthorized use of your account. ARE will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge.
Privacy and Protection of Personal Information
Please see our Privacy Statement, which describes how we manage and protect personal information. Our Privacy Statement is incorporated into these Terms.
Links to Other Websites
Our Site contains links to other websites not operated by ARE. We have no control over these other websites and any links to them do not constitute our endorsement of them or their content. You understand and agree that these other websites are governed by their own user agreements and privacy policies and that any visits to them are at your own risk.
ARE’s Copyright and Trademarks
All information and content, including any software available through the Site, is protected by copyright and/or trademark and is owned as Intellectual Property of the owner. All rights are reserved. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through the Site for commercial or public purposes.
The trademarks, logos, and service marks (“Marks”) displayed on the Site, including the ARE logo are registered trademarks of the Allen Research Endowment, are the property of ARE, and are protected by U.S. and international trademark laws. Their uses are restricted to those programs and events sponsored by ARE, and ARE trademarks may not be used for personal financial gain.
Use of the Marks is prohibited without the express written consent of ARE except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without the express written consent of ARE.
Copyright Complaints about the Site
ARE respects the copyrights of others and does not knowingly infringe upon these rights. However, if you believe that your work has been copied and is accessible on the Site in a manner that constitutes copyright infringement, please notify ARE’s Intellectual Property agent by written notice. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512. We respond expeditiously to notices of claimed copyright infringement.
Communications between You and ARE
For contractual purposes, you (a) consent to receive all communications from ARE in electronic form via the email address you submit when you register, and (b) agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in printed writing.
As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
• You must not use our Site in any way that may damage, overburden, or impair the Site or its availability, including any denial-of-service or similar attacks.
• You may not use the Site in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity.
• You may not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or ARE, including but not limited to using another person’s login credentials.
• You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software.
• You may not copy, modify, distribute, sell or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software.
• You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site.
• You must not use our Site to send spam, surveys, or any unsolicited commercial communications.
• You must not use our Site for any purposes related to marketing, research, or any other commercial or organizational purpose without our prior express written consent.
• You are required to respect the confidentiality and trust of others participating in any Community Discussion portions of the Site or otherwise posting Content on the Site.
ARE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY OF THE SITE’S CONTENT, OR ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND ARE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. ARE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE DISCLAIMS ALL WARRANTIES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
ARE shall also have no liability whatsoever for any unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ARE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR ITS CONTENTS IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
NOTWITHSTANDING THESE LIMITATIONS, ARE IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY ASSOCIATED WITH THE SITE OR ITS CONTENT, ARE’S LIABILITY WILL IN NO EVENT EXCEED $50 (FIFTY DOLLARS). THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION FOR CONSEQUENCES OF USER VIOLATIONS
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ARE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEY’S FEES) RESULTING FROM (I) YOUR USE, MISUSE OR ABUSE OF THE SITE, OR (II) YOUR BREACH OF THESE TERMS. You will cooperate as fully as reasonably required in ARE’s defense of any claim. ARE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of ARE.
Disputes, Arbitration, and Governing Law
If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Site, you are encouraged to bring it to our attention. You may email us at firstname.lastname@example.org, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site shall be submitted to confidential arbitration in State of Connecticut, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and NO CLASS ACTION PROCEEDINGS WILL BE PERMITTED.
By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
Except for matters of United States federal law governing copyrights, trademarks, and patents, all matters related to the Site will be governed by the laws of Connecticut, without regard to conflicts of laws provisions, and, if applicable, you consent to personal jurisdiction in Connecticut courts and venue in Connecticut courts.
Intellectual Property Rights
All Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations and is owned by the Allen Research Endowment and/or third parties. Except as expressly provided herein, Allen Research Endowment does not grant any express or implied right to you or any other User of the Sites. The Sites may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.
Unless otherwise specified, the Content is © 2017, Allen Research Endowmentr. All rights reserved. Removing or altering this copyright notice on any Content on the Sites is prohibited. the Allen Research Endowment also owns a copyright in the Sites as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the Sites’ Content.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While the Allen Research Endowment has endeavored to create secure and reliable Sites, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Allen Research Endowment and its affiliates and all of their employees and representatives are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Sites, or for the consequences of any reliance on such information. The Allen Research Endowment shall have no liability for interruptions or omissions in Internet, network or hosting services or any other failure of performance of the Sites. You assume the sole and complete risk of using the Sites.
THE SITES AND ALL OF THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. ARE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITES OR ANY CONTENT. FURTHER, WHILE ARE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE CONTENT ON THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ARE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITES AND THE CONTENT AT ANY TIME, FOR ANY REASON. ARE MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SITES. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITES AND THE CONTENT.
Violation of these Terms
You agree that ARE may, at our sole discretion and without prior notice, terminate your access to the Site if you violate these Terms or for any other reason. You also agree that ARE may disclose any information we have about you, including your identity, if we determine that such disclosure is needed in connection with any investigation or complaint about your use of the Site or to identify, contact, or bring legal action against you or someone who may be injuring or interfering with ARE’s rights or property or the rights of users of the Site.
Other Legal Terms
Any failure or delay by either party to enforce any part of these Terms will not constitute a waiver of that party’s rights under these Terms. These Terms control the relationship between you and ARE, except that if we enter into additional or separate agreements, those terms will supplement these Terms and will control to the extent they are contrary to these Terms. These Terms do not create any third party beneficiary rights. If a particular provision of these Terms is determined by a court of competent jurisdiction to be unenforceable, the other provisions will remain in effect. You may not transfer your account or your rights under these Terms to any other person or entity. Headings used throughout these Terms are solely for convenience. We may, in our sole discretion, transfer, delegate, or assign our rights and obligations under these Terms to others without notifying you or obtaining your consent. Except as otherwise provided herein, the current version of these Terms, which incorporate our Privacy Statement by reference, constitutes the entire agreement between you and us in relation to the Site.
If you have any concerns, inquiries, or complaints about the Site or these Terms, please write to us at email@example.com. We appreciate your input.
The effective date of these Terms is November 20, 2017.