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Service Agreement Terms of Use and Disclaimer
This Web site (the "Site") is offered to you, the
user, ("you" or "User") conditioned solely upon your acceptance of all the
provisions of this Agreement. By accessing and using the Site, you agree to abide by all the
provisions of this Agreement.
Patent, Trademark and Copyright
This Site is operated by the Stowers Institute for Medical
Research ("Stowers"). Stowers is the owner of all right, title and interest in this
Site and its contents, including without limitation, all patents, copyrights, trademarks,
service marks, trade dress, trade names and any and all other Intellectual Property whether now
known or here after existing and all of the good will therein ("Intellectual
Property"). The Site is for your personal, noncommercial use only, with no transfer of
title.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any
other use of any of the content obtained from the Site. You may not use any of the Site content
on any other Web site or networked computer environment, or in any format or medium, whether now
known or hereafter existing. You may not remove any Intellectual Property or legal notice from
any content downloaded from the Site.
Third Party Web Sites and Access
This Site may contain links and printers to Internet sites
maintained by third parties. Stowers does not operate or control in any respect, or endorse, the
content found on such third-party sites. You assume sole responsibility for use of third party
links and pointers.
You further acknowledge that all connections to, and
transmissions through, the Internet, including your access to this Site, are subject to
opportunities for access by third parties. As a result, by accessing the Site, you
acknowledge that you have no legitimate expectation of privacy in such connections and/or
transmissions, and Stowers shall not be responsible for any such third party access to such
connections and/or transmissions.
Electronic Submissions
Users posting materials on this Site are responsible for the
content of that material. Stowers has no responsibility for the content of any messages or
information posted by users, or for the content of information of third parties on the Internet,
even if accessed through Stowers' pages. However, Stowers retains the right, which it may or may
not exercise, in its sole discretion, to review, edit or delete any such posted third-party
material which Stowers deems to be illegal, offensive or otherwise inappropriate.
Any communication or material you send to this Site,
including data, questions, comments, ideas, suggestions, or other information, shall be
considered by Stowers to be public information which may be used by Stowers or its affiliates
for any purpose whatsoever, including (without limitation) reproduction, disclosure,
publication, broadcast and posting.
Also, you acknowledge and expressly agree that Stowers will
be free to use for any purpose (without restriction and without compensation to you) any
information you send or cause to be sent to the Site, including without limitation, any ideas,
concepts, know-how or techniques contained or derived from any communication which you send to
the Site.
Modification of this Agreement
Stowers reserves the right to change this Agreement at any
time by publishing a revised version of this Agreement on the Site. You are responsible for
regularly reviewing this Agreement. Continued use of the Site following any such changes means
you accept and will abide by these changes.
Liability Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW. STOWERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT. STOWERS DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF
DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN
THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK. YOU UNDERSTAND
AND EXPRESSLY AGREE THAT NEITHER THIS SITE OR THE CONTENT OF THIS SITE CONSTITUTES MEDICAL
ADVICE AND YOU AGREE YOU HAVE NOT RELIED ON THIS SITE, IN ANY RESPECT, FOR MEDICAL ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH
OF CONTRACT, TORT OR NEGLIGENCE, WILL STOWERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF
THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, HARDWARE,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL STOWERS' TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnification
You agree to indemnify and hold harmless Stowers, its
suppliers, and any third parties assisting in the operation of the Site from any claims,
liabilities, and expenses (including reasonable attorney's fees) that may arise from your use of
the Site in any way or from your breach of the terms of this Agreement.
General
Stowers reserves the right to make any and all changes to
the Site at its sole discretion without notice to users. Stowers reserves the right to deny
access to the Site to anyone at any time, and to terminate this Agreement at any time without
notice in its sole discretion.
This Agreement shall be deemed to include all other notices,
policies, disclaimers, and other terms contained in the Site; provided, however, that in the
event of a conflict between such other terms and the terms of this Agreement, the terms of this
Agreement shall control.
This Agreement is governed by the laws of the State of
Missouri, in the United States of America, without regard to conflicts of law provisions. You
consent to the exclusive jurisdiction and venue of courts of Kansas City, Missouri, in the
United States of America, in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph.
If any provision of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you
and Stowers with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you and Stowers with
respect to the Site. A printed version of this Agreement and of any notice given in electronic
form will be admissible in judicial or administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved to Stowers.
Effective Date: 12/21/98
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