1. Use of the Site. All use of the Site is subject to the terms of this Agreement. You may access and use the Site solely for lawful purposes. You must be 13 years or older to use the Site. ConfometRx Research Foundation reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
2. Registration. To access some areas of the Site, You may have to become a registered user (a “Registered User”) of the Site. You may be asked to create a password-protected account (an “Account”). You agree to keep your Account information and password confidential. You agree to notify ConfometRx Research Foundation immediately of any actual or suspected unauthorized use of your Account. You are solely responsible for all activities that occur through Your Account. ConfometRx Research Foundation will not be responsible for any loss to You caused by your failure to comply with these obligations. In connection with the creation of your account, You will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that: (a) all Registration Information You provide is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, You may be assigned or permitted to create a user name for use in identifying your Account (a “User Name”). You may not: (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
3. Term and Termination. This Agreement will be effective on the date You first use the Site and will continue until terminated. ConfometRx Research Foundation may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon notice to ConfometRx Research Foundation , such termination effective upon receipt of such notice by ConfometRx Research Foundation. ConfometRx Research Foundation may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease and You must promptly discontinue all access to any part of the Site and the use of any Content downloaded or otherwise obtained from the Site.
4. Content. The Site and the entire contents of the Site, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the Site (collectively, “Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”).
5. Use of Content. Your access to or use of the Content is subject to the terms and conditions of this Agreement. You may use the Content only in the form provided on or through the Site solely for your own informational purposes. You may not use any Content for any commercial purpose or charge a fee or other consideration in exchange for the Content. You may not utilize the Content to sell, advertise, endorse, or otherwise promote any other service, product, or party. All use of the Content must be accompanied by an acknowledgment that the Content is owned by ConfometRx Research Foundation . You must otherwise abide by all Intellectual Property Rights, notices, information, or restrictions contained on or in any Content. Unless otherwise noted on the Site, as between You and ConfometRx, its partners, affiliates, and licensors (“Affiliates”), all Content is owned by ConfometRx Research Foundation and its Affiliates. Except as stated in this Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Content without the prior written permission of ConfometRx Research Foundation. If you would like to use the Content in a manner that is not expressly set forth in this Agreement, please contact us.
6. Postings and Uploads. The Site may include opportunities through which You may provide or upload Content of your own to the Site. You agree not to upload or provide any Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; (4) an advertisement or solicitation of funds, goods, or services; (5) an endorsement or advertisement for any candidate for public office; (6) a software virus or contains any other harmful computer code, files, or programs.
7. Representations And Warranties. You hereby represent, warrant, and covenant for the benefit of ConfometRx Research Foundation and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company, individual or other entity, to bind the company, individual or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; (3) all information You provide to ConfometRx in connection with this Agreement and Your access to the Site and use of the Services is correct and current.
8. Disclaimer And Limitation Of Liability.
8.1 Disclaimer. THE SITE IS PROVIDED BY ConfometRx RESEARCH FOUNDATION “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER ConfometRx RESEARCH FOUNDATION NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE. EXCEPT WHERE THE LAWS AND REGULATIONS OR A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, ConfometRx Research Foundation EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND ConfometRx Research Foundation CONTROL MAY OCCUR FROM TIME TO TIME.
8.2 Limitation. IN NO EVENT WILL ConfometRx RF BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO THE SITE OR USE OF THE SERVICES.
9. Indemnification. You hereby indemnify, defend, and hold harmless ConfometRx Research Foundation and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing the Site or Your breach of any term of this Agreement. ConfometRx Research Foundation will provide You with notice of any such claim or allegation, and ConfometRx Research Foundation will have the right to participate in the defense of any such claim at its expense.
11. Linked Site. The Site contains links to third-party sites that are not under the control of ConfometRx Research Foundation and ConfometRx Research Foundation is not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. ConfometRx Research Foundation provides links only as a convenience, and the inclusion of the link does not imply that ConfometRx Research Foundation endorses or accepts any responsibility for the content on those third-party sites.