Ownership of Site
Except as otherwise specifically provided elsewhere on this Website, redistribution, retransmission, republication or commercial exploitation of the contents of this Website are expressly prohibited without our written consent and that of any copyright owner from whom we have obtained a license. Requests for such permission should be made to . All rights not expressly granted herein are reserved.
Contents and Hyperlinks
This Website may contain hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. We have no control over the content or policies of such third-party websites, and thus we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this Website. Those who choose to access information from this Website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.
Interactive Areas and Code of Acceptable Conduct
I-ACT for Children does not ordinarily monitor, filter, censor, edit or regulate information and content provided by third parties on this Website, including any such information provided in chat rooms, listservs, bulletin boards or other interactive areas, but reserves the right to do so in its sole discretion. We neither endorse nor are we liable for the contents, accuracy or reliability of such information and content.
By participating in interactive portions of this Website, you represent that you have proper right and authorization to use any information or content you upload or post, and you automatically grant (or warrant that the owner of such materials has expressly granted) to I-ACT for Children an unlimited, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such content into any form, medium, or technology now known or later developed. In addition, you warrant that all so-called "moral rights" in those materials have been waived. Finally, you agree to abide by the following code of conduct:
- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the Website to further any unlawful purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
- You will not utilize this Website to engage in communications leading or related to an agreement in restraint of trade, to exchange specific information relating to your prices, profits, or costs, or in any other manner to limit competition or restrain trade in violation of state and federal antitrust laws.
Products and Services
A description or reference to a product, service or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by us of that product, service or publication.
No Representations or Warranties
THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, OR ANY WARRANTY THAT THIS WEB SITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD I-ACT FOR CHILDREN HARMLESS FROM AND YOU COVENANT NOT TO SUE US FOR ANY CLAIMS BASED ON USE OF THIS WEB SITE OR USE OR RELIANCE ON THE INFORMATION CONTAINED THEREIN. DEPENDING UPON APPLICABLE LAW, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Indemnification for Account
I-ACT for Children members are responsible for maintaining the confidentiality of their passwords and accounts, and for all activities that occur under their accounts. You agree to indemnify, defend and hold I-ACT for Children harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of this Agreement or from use of your account, including the content of messages posted using your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL I-ACT FOR CHILDREN BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR THE INABILITY TO USE THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR ANY PRODUCT OR SERVICES OBTAINED THROUGH THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEPENDING UPON APPLICABLE LAW, THIS EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, SHALL I-ACT FOR CHILDREN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THIS WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Jurisdiction and Choice of Law
Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of I-ACT for Children or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners. Except as otherwise noted, I-ACT for Children is the owner of all trademarks and service marks on this Website, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions). Unless otherwise indicated, all material on this site is © Institute for Advanced Clinical Trials for Children. All rights reserved.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. We reserve all legal rights and remedies available to us and this disclaimer shall in no way be deemed a limitation or waiver of any other rights I-ACT for Children may have.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our
Timothy J. Reckart
Rusing Lopez & Lizardi, P.L.L.C.
6363 North Swan Road, Suite 151
Tucson, Arizona 85718
To be effective, such notification must be in writing, comply with applicable law and provide the following: (1) information reasonably sufficient to permit I-ACT for Children to locate the copyrighted work claimed to have been infringed (the "Work"); (2) the complaining party's contact information including an email address if available; (3) a statement that the complaining party has a good-faith belief that use of the Work in the manner complained of is not authorized by the copyright owner, its agent, or the law; (4) a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (5) a physical or electronic signature of the complaining party.