Use of the website accessible at nlmfoundation.org (the “Site”) is governed by these terms and conditions (the “Terms of Use”). By using the Site, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. The Nancy Lurie Marks Family Foundation (the “NLM Foundation”) reserves the right, in its discretion, to update or revise these Terms of Use. Please check periodically for changes. All such changes to these Terms of Use are effective immediately when they are posted to the Site. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
GENERAL
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the NLM Foundation or others. Without limiting the foregoing, you may not interfere with the proper working of the Site or attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.
Additional terms and conditions may apply to specific portions of the Site, which terms are made a part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.
PROPRIETARY RIGHTS
You acknowledge and agree that the content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The NLM Foundation grants you a non-exclusive license to download, print and make up to thirty (30) copies of the content and materials made publicly available on the Site solely for your personal, non-commercial use or for educational purposes, provided you keep intact all copyright and other proprietary notices. Except as set forth in the preceding sentence or as authorized in writing by the NLM Foundation, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content or materials. Any use of the content or materials available on the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
USER CONTRIBUTIONS
The Site may contain interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to the NLM Foundation or to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. Certain User Contributions that the NLM Foundation has agreed in writing to treat as confidential, such as proprietary grant proposal materials submitted by registered grant applicants for the NLM Foundation’s consideration, will be considered confidential and will not be made available to the public for viewing or downloading. Except as otherwise stated in this paragraph, any User Contribution you post to the site will be considered non-confidential and non-proprietary, and, by providing any such User Contribution on the Site, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns, if applicable; and (ii) you understand and acknowledge that you are responsible for your User Contributions, and you, not the NLM Foundation, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
LINKING TO THE SITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not frame the Site or incorporate pieces of it into a different website or product. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content.
THIRD PARTY SITES
Links to other sites and resources provided by third parties are provided on the Site for your
convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of such a link does not imply endorsement of the site by the NLM Foundation or any association with its operators. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
USER NAMES AND PASSWORDS
If you have a user name and password in connection with your use of the Site, it is your responsibility to maintain the confidentiality of such user name and password. You are fully responsible for all activities that occur under your user name, and the NLM Foundation does not assume any liability or responsibility for such use.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. If you are a health care professional you should remember that the content on the Site is not meant to serve as a substitute for your own clinical judgment, and we encourage you to confirm the information contained on the Site with other sources before undertaking any treatment or action based on it. If you are a consumer who chooses to use the information on the Site, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified health care professional. For medical concerns, including decisions about medications and other treatments, you should always consult your physician or, in serious cases, seek immediate assistance from emergency personnel. You are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the NLM Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the NLM Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
DISCLAIMER OF WARRANTIES
We do not offer you any warranty or guarantee related to the Site or the information available on the Site. Further, we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE NLM FOUNDATION DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE NLM FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NLM FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NLM FOUNDATION’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the NLM Foundation, and its employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site. The NLM Foundation reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the NLM Foundation in asserting any available defenses.
INTERNATIONAL USE
The NLM Foundation makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
CONTACT INFORMATION
All comments, requests for technical support, and other communications relating to this Site should be directed to the following address:
The Nancy Lurie Marks Family Foundation
60 William Street, Suite 110
Wellesley, Massachusetts 02481
(781) 237-1311
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to the NLM Foundation:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send such notice to the NLM Foundation at the address above.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the NLM Foundation with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the NLM Foundation with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
The NLM Foundation reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.