TERMS AND CONDITIONS OF USE

Welcome and thank you for using our Website (Website). This website comprises various web pages operated by Arbor Research Collaborative for Health and our affiliated companies (Arbor Research).

By visiting or otherwise using the Website, you are agreeing to comply and accept these Terms of Use and Service. If you do not agree to these terms and conditions, you should not use this Website.

Use of Website

This Terms of Use and Service agreement (“the “Agreement”) specifies the terms and conditions for access to and use of this Website and describe the terms and conditions applicable to your access of and use of the Website. This Agreement may be modified at any time by Arbor Collaborative for Health upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at ArborResearch.org/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Your visit to our Website is also governed by our Privacy Statement. Please review our Privacy Statement at ArborResearch.org/privacy. Arbor Research reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Statement.

The Website may contain links to other websites. Arbor Research does not control and is not responsible for the content, terms of use, or privacy policies of the website to which this Website links. Visiting linked sites or clicking on a link to a linked site may result in the collection of information about you, your electronic devices and other information by the linked site. Website provides these links only as a convenience, and inclusion of links does not imply endorsement by Arbor Research or any association with its operators.

Do not use the Website for any purpose that is unlawful or prohibited by these Terms of Use and Services. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.

Use of the Website does not give you any ownership or other intellectual property rights in any of the content or intellectual property located on, at, or otherwise associated with the Website. You are not permitted to use or copy content from the Website without the express and advanced written notice of Arbor Research or other owner of the intellectual property. All content included on this Website is and shall continue to be the property of Arbor Research or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

Arbor Research does not claim ownership of the materials you provide to, post on, upload to, or otherwise submit to the Website. However, by providing, posting, uploading, or otherwise submitting materials to the Website you are granting Arbor Research, its affiliated companies and necessary sub-licensees permission to use your materials in connection with the operation of Website and Arbor Research’s businesses including the rights to, among other things copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your materials without Arbor Research, or anyone else providing you with any compensation or credit for the materials. By posting, uploading, or otherwise submitting materials you warrant and represent that you own or otherwise control all of the rights to the materials you post.

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public or with a group (Communication Services). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service and to abide by the additional terms of use posted on the web page containing the Communication Services.

Arbor Research grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of Arbor Research and Arbor Research may terminate your use of this website at any time without notice.

This Website is intended for adults only. This Website is not intended for any children under the age of 13.

Privacy, Copyrights, and Trademark Notices

All contents of the Website are copyrighted by Arbor Research Collaborative for Health. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Arbor Research’s Designated Agent.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Designated Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. 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
  6. 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.

Our Designated Agent for Notice of claims of copyright infringement on the Site is Arbor Research’s General Counsel who can be reached as follows:

By Mail: General Counsel, 3989 Research Park Dr., Ann Arbor, MI 48108.

By Phone: (734) 665-4108

By E-mail: Contracts@ArborResearch.org.

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES, ADDITIONS AND/OR DELETIONS ARE PERIODICALLY MADE TO THE INFORMATION. WEBSITE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WEBSITE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WEBSITE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBSITE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WEBSITE OR ANY OF ITS SUPPLIERS HAS BEEN 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

You agree to indemnify, defend and hold Arbor Research and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.

General

If you have questions please contact: Privacy.Officer@ArborResearch.org.

You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Website reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website.

Website is maintained in and to the maximum extent permitted by law, these Terms of Use and Service is governed by the laws of the State of Michigan, U.S.A. and you consent to the exclusive jurisdiction and venue of courts in Washtenaw County, Michigan, U.S.A. in all disputes arising out of or relating to the use of Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. No joint venture, partnership, employment, or agency relationship exists between you and Website as a result of these Terms of Use and Service or use of Website. Website’s performance of these Terms of Use and Service are subject to existing laws and legal process, and nothing contained in these Terms of Use and Service are in derogation of Website’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Website with respect to such use. If any part of these Terms of Use and Service are invalid or unenforceable, 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. Unless otherwise specified herein, these Terms of Use and Service constitute the entire agreement between the user and Website with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and Website with respect to the Website. A printed version of these Terms of Use and Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree to have these Terms of Use and Service and all related documents be written in English.

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