Terms of Use of CF Referral Center Web Site and World
Wide Web CF Synergy Data Center
1. Acceptance of Terms
CF Referral Center for Susceptibility & Synergy
Studies ("CF Referral Center") provides access to this Web Site http://synergy.columbia.edu ("Synergy Lab Web Site") or World Wide Web Cystic Fibrosis Synergy Data
Center https://synergy.columbia.edu ("Synergy Lab Web Site") subject to the acceptance of this
User Agreement ("Agreement") by any person accessing, browsing, or
otherwise using the Synergy Lab Web Site ("User" or "you").
This Agreement may be updated by CF Referral Center from time to time. CF Referral Center encourages you to review
this Agreement periodically for any updates or changes. By accessing or
using the Synergy Lab Web Site, you agree to be bound by the
terms of this Agreement, as revised. When using a particular feature of
the Synergy Lab Web Site, you may also be subject to any
posted guidelines, rules, terms of service, codes of conduct or other
contractual provision as noted. In the event of a conflict between any
other agreement, rule, or terms of service and this Agreement, the
provisions of this Agreement shall govern. If you have any questions
about this Agreement please contact CF Referral Center at synergy@columbia.edu before using
the Synergy Lab Web Site.
2. Disclaimer
The contents of the Synergy Lab Web Site,
such as text, graphics, photographs, software and other material (the
"Content"), is presented for informational purposes only. CF Referral
Center will use reasonable efforts to include up-to-date and accurate
information in the Synergy Lab Web Site, but makes no
representations, warranties, or assurances as to the accuracy, currency
or completeness of the Content provided, including third party
information, such as, but not limited to, press releases, articles, or
information from third-party web sites linked to or from the Synergy
Lab Web Site. YOU SHOULD NOT RELY ON ANYTHING CONTAINED ON THE SYNERGY LAB WEB SITE TO SUGGEST A COURSE OF TREATMENT FOR ANY MEDICAL CONDITION. THE CONTENT CANNOT SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, CONTACT YOUR HEALTH CARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE, AVOID OR DELAY VISITING A MEDICAL PROFESSIONAL, OR DEVIATE FROM ANY TREATMENT PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED TO YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD READ CAREFULLY ALL PRODUCT PACKAGING.
3. No Endorsement of Links to Other Web Sites
Any links to other sites are provided as merely a
convenience to you. The Synergy Lab Web Site may provide
links or references to other sites but CF Referral Center has not
reviewed all of these other sites, has no responsibility for the content
of such other sites and shall not be liable for any damages or injury
arising from the content from these other sites. You understand that,
except for information, products or services clearly identified as being
supplied by CF Referral Center, CF Referral Center does not operate,
control or endorse any information, products or services on the Internet
in any way. CF Referral Center does not endorse or make any
representations about these sites, or any information or other products
or materials found on these sites, or any results that may be obtained
from using these sites. If you decide to access any of these other sites
linked to the Synergy Lab Web Site, you do so entirely at
your own risk.
4. Privacy
You agree that you have read and understand the terms
of CF Referral Center's privacy policy. You acknowledge that the Synergy
Lab Web Site may link to other sites not controlled by CF
Referral Center and that the collection of your data by these sites is
outside the scope of CF Referral Center's control.
5. Use of the Site
You also understand that CF Referral Center cannot and
does not guarantee or warrant that files available for downloading from
the Synergy Lab Web Site will be free of infection or
viruses, worms, Trojan horses, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information (collectively, "Hazards"). You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Synergy Lab Web Site
for the reconstruction of any lost data.
6. System Integrity
You may not use any device, software or routine to
interfere with the proper working of the Synergy Lab Web Site. You may not take any action that imposes an unreasonable burden
upon the infrastructure used to support the efficient operation of the
Synergy Lab Web Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or
other information that you provide to CF Referral Center in connection
with the use of the Synergy Lab Web Site: (a) shall not be
obscene or indecent; (b) shall not contain any Hazards; (c) shall not
infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (d) shall
not be defamatory, libelous, unlawfully threatening or unlawfully
harassing; and (e) shall not create any liability for CF Referral Center
or cause CF Referral Center to lose (in whole or in part) the services
of its Internet Service Provider(s) or other suppliers. Users shall
comply with all applicable laws, statutes, ordinances and regulations
regarding use of the Synergy Lab Web Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SYNERGY LAB WEB 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.
9. NO WARRANTIES
CF REFERRAL CENTER DOES NOT EXPRESS OR MAKE ANY 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 SYNERGY LAB WEB SITE, THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SYNERGY LAB WEB SITE OR ON THE INTERNET GENERALLY, AND CF REFERRAL CENTER 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 SYNERGY LAB WEB SITE OR ON THE INTERNET GENERALLY. CF REFERRAL CENTER DOES NOT WARRANT THAT THE SYNERGY LAB WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SYNERGY LAB WEB SITE WILL BE CORRECTED. THE SYNERGY LAB WEB SITE AND THE CONTENT MADE AVAILABLE ON THE SYNERGY LAB WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
10. System Outages
CF Referral Center periodically schedules system
downtime for maintenance and other purposes. Unplanned system outages
may also occur. CF Referral Center shall have no liability whatsoever
for the resulting unavailability of the Synergy Lab Web 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 Synergy Lab Web Site.
11. Indemnification
You agree to indemnify, defend and hold CF Referral
Center and its affiliates, officers, directors, employees and agents
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 Synergy Lab Web Site, or (ii) your breach of any provision of this Agreement. You
will cooperate as fully as reasonably required in CF Referral Center's
defense of any claim. CF Referral Center 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 CF Referral
Center.
12. Intellectual Property
The Content is the property of CF Referral Center
and/or its affiliates or partners, and is protected by federal and
international copyright and trademark laws, or other proprietary rights.
These rights are protected in all forms, media and technologies existing
now or hereinafter developed. You may print and download portions of
material from the different areas of the Synergy Lab Web Site
solely for your own non-commercial use. No portion of the Content may be
reprinted, republished, modified, or distributed in any form without the
express written permission of CF Referral Center. You may not, and this
Agreement does not give you permission to, reproduce, reverse engineer,
decompile, disassemble, modify, transmit, sell, distribute, license or
create derivative works with respect to the Synergy Lab Web Site. Certain Content may be licensed from third parties and all such
third party Content and all intellectual property rights related to the
Content belong to the respective third parties. You may not remove any
copyright, trademark or other intellectual property or proprietary
notice or legend contained on the Synergy Lab Web Site or the
Content. Any rights not expressly granted by this Agreement or any
applicable end-user license agreements are reserved by CF Referral
Center.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in
accordance with the laws of the State of New York, exclusive of its
choice of law rules and matters affecting copyrights, trademarks and
patents under United States federal law.
You hereby irrevocably and unconditionally consent to
submit to the exclusive jurisdiction of the courts of the State of New
York and of the United States of America located in the State of New
York for any litigation or disputes arising out of or relating to use of
the Synergy Lab Web Site and not to commence any litigation
relating thereto except in such courts. You hereby irrevocably and
unconditionally waive any objection to the establishment of venue of any
such litigation in the New York Courts and agree not to plead or claim
in any New York Court that such litigation brought therein has been
brought in an inconvenient forum.
14. International Users
CF Referral Center makes no claims that the Content is
appropriate or may be downloaded outside of the United States. Access to
the Content may not be legal in certain countries or for certain
persons. If you access the Synergy Lab Web Site from outside
of the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
15. Severability
In the event that one or more portions of this
Agreement shall, for any reason, be held to be invalid, illegal or
unenforceable in any respect, such validity, illegality or
unenforceability shall not affect any other provision contained in this
Agreement.
16. Headings
The headings used throughout this Agreement are solely for the
convenience of reference and are not to be used as an aid in the
interpretation of this Agreement.
17. No Waiver
Any delay or failure by you or CF Referral Center, at
any time or times, to require performance of any provision hereof shall
in no manner affect your or CF Referral Center's right at a later time
to enforce such provision. No delay or failure of you or CF Referral
Center in exercising any right hereunder shall constitute a waiver of
such right or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly
incorporated by reference constitute the entire agreement between CF
Referral Center and you pertaining to the subject matter hereof.
In its sole discretion, CF Referral Center may
unilaterally amend or modify this Agreement or any other documents
referenced herein at any time by posting on the Synergy Lab Web Site. Any amended or modified terms will be effective upon posting.
Continued use of the Synergy Lab Web Site constitutes
acceptance of any modified terms and conditions. If you have any
questions about this Agreement, contact CF Referral Center at synergy@columbia.edu.
19. Assignment
You may not assign your rights or delegate your
responsibilities hereunder without the express written permission of CF
Referral Center. CF Referral Center may, at any time, assign its rights
or delegate its obligations hereunder without notice to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to
be a beneficiary of this Agreement, and no person not a party to this
Agreement shall have any right to enforce any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CF REFERRAL CENTER 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 CF REFERRAL CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SYNERGY LAB WEB 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 OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYNERGY LAB WEB SITE; OR (V) ANY OTHER MATTER RELATING TO THE SYNERGY LAB WEB SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE 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.
22. Accurate Information
In consideration of your use of the Synergy Lab Web
Site, you agree to: (a) provide true, accurate, and current
and complete information as prompted on the Synergy Lab Web Site; and (b) maintain and update such information to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or CF Referral Center has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, CF Referral Center may suspend or
terminate your use of the service and/or decline to permit your
continued use of the Synergy Lab Web Site and future access
to the Synergy Lab Web Site.
23. CF Referral Center's Policy Regarding Copyright
Infringement and Designated Agent
CF Referral Center's policy regarding copyright
infringement and CF Referral Center's designated agent for receipt of
copyright infringement claims pursuant to the Digital Millennium
Copyright Act is incorporated herein and can be found at Copyright
Policy.
24. Feedback
Should you respond to the Synergy Lab Web Site by providing
feedback, such as questions, requests, opinions, comments, suggestions,
ideas, or the like, such information shall be deemed to be the property
of CF Referral Center. CF Referral Center shall have no obligation of
any kind to the User with respect to such information and shall be free
to reproduce, use, disclose and distribute the information to others
without limitation and without license. CF Referral Center shall be free
to use any ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever.
25. Acknowledgement
We thank the CF Foundation for allowing us to adapt their “Cystic Fibrosis
Foundation Legal Terms & Conditions” for our “CF Referral Center Terms of Use of
CF Referral Center Web Site and World Wide Web CF Synergy Data Center Statement.” |
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