CERN Foundation

Terms and Conditions

 

Legal Agreement

The CERN Foundation web site (the ”Site”) is the property of Collaborative Medical Research, LLC and is protected by the United States Copyright Act of 1976, as amended, and international copyright laws. All copyright, trademark, and other proprietary rights to the Site and the information, documents, products, services, logos, graphics, software, design elements, sounds, images and all other materials (the “Content”) originated or used by COLLABORATIVE MEDICAL RESEARCH at this Site are reserved to COLLABORATIVE MEDICAL RESEARCH and its licensors and authorized licensees. By using this Site, you represent and warrant that you are at least eighteen (18) years old and have the legal authority to accept this Legal Agreement. This is a legally binding agreement. If you do not agree with the Legal Agreement, you are not authorized to use the Site.

Other than printing out or downloading portions of the text and images with all copyright, trademark, and proprietary notices intact and solely for your own personal, non-commercial use, you may not copy, reproduce, distribute, upload, download, display, transmit, or exploit in any way any part of the Site or the content. or use such Content to construct any kind of database.

You may not modify the Site, or any material residing on the Site without express written permission of COLLABORATIVE MEDICAL RESEARCH and you shall observe copyright and other restrictions imposed by this Site and linked sites. You may not use this Site in any manner that infringes upon the rights of any person or entity.

 

Legal Notice and Disclaimer

FOR INDIVIDUALS USING THE SITE FOR THEIR OWN PURPOSES:

• The information on the Site, including but not limited to any Content, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis or treatment.
• This information is not intended as medical advice and should not be used for, nor is it intended to constitute, a medical diagnosis or treatment. Information on the Site is not provided in the course of a professional relationship between a healthcare provider and a patient and is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional.
• You always should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your medical care. If you think you may have a medical emergency, please call or see your doctor, or call 911, immediately and without delay. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.

FOR MEDICAL PROFESSIONALS USING THE SITE:

  • The information on the Site, including but not limited to any Content, is for informational and educational purposes only. Although the Site uses reasonable efforts to ensure that the information provided is current, complete and, where appropriate, based on scientific evidence, the Site makes no assurances as to whether the provided information will at all times be current and does not intend to provide medical advice or reflect the best medical practice for any specific circumstance.
  • You therefore should not substitute information contained on the Site for your own professional judgment, nor should you rely on information provided on the Site in rendering a diagnosis or choosing a course of treatment for a particular individual.

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR TITLE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES. BY ACCESSING THE SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE DESCRIBED HEREIN. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Without limiting the foregoing, Collaborative Medical Research makes no representations regarding, and does not warrant, the accuracy, completeness, timeliness, or usefulness of the opinions and other information provided through the Site or on the World Wide Web generally.

COLLABORATIVE MEDICAL RESEARCH makes no representations or warranties regarding its own or any third party's compliance with any government regulations requiring disclosure of information about prescription drug products or the approval or compliance of any software tools with regard to the Content provided on the Site. COLLABORATIVE MEDICAL RESEARCH, its licensors, and its suppliers have no control over and accept no responsibility for compliance with the laws, rules, and regulations applicable to your country or state of residence.

The Site may contain health or medical-related materials that you may find sexually explicit or otherwise offensive.

Access and use of the Site may require the use of software, hardware, servers and/or services provided or maintained by others and over which COLLABORATIVE MEDICAL RESEARCH has no control. COLLABORATIVE MEDICAL RESEARCH does not guarantee that these products will work as expected and expressly disclaims all warranties and conditions with respect to such software, hardware, servers and services, either express or implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title.

All information with respect to the Site is transmitted over a medium that is beyond our control and jurisdiction. Accordingly, we assume no responsibility for, or relation to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or any site accessed through the Site. We do not guarantee continuous access to the Site, or that any defect in the Site will be corrected. You are solely responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your computer systems and/or accuracy or integrity of data, and for maintaining a means of reconstructing or retrieving any lost or corrupted data.

Links to Other Sites

This Site may contain links to web sites controlled by third-parties other than COLLABORATIVE MEDICAL RESEARCH. COLLABORATIVE MEDICAL RESEARCH is not responsible for and does not endorse or accept any responsibility for the contents or use of these other sites or any transactions completed through such sites. COLLABORATIVE MEDICAL RESEARCH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by COLLABORATIVE MEDICAL RESEARCH of the linked site. If you decide to access linked third-party web sites, you do so at your own risk and your use of these other sites is subject to the terms and conditions of use for those sites.

In the course of using the Site, you may be referred, linked, or otherwise directed to outside resources, including content, services, events, and products provided by others. It is our mission to empower you by making these resources available to you; however, we have no control over such outside resources and Collaborative Medical Research makes no guarantees about the quality, accuracy, relevance, timeliness, or completeness of any such outside resources.

Endorsement

Unless specifically stated otherwise, COLLABORATIVE MEDICAL RESEARCH does not endorse any third-parties that may appear, advertise on, or otherwise link to the Site, and makes no representation or warranties as to the content and accuracy of information, products, or services they may provide therein.

Licenses

In the event you are permitted by COLLABORATIVE MEDICAL RESEARCH to download software from the web site, the software, including any materials and documentation, and data accompanying the software (collectively, the "Software") are licensed to you by COLLABORATIVE MEDICAL RESEARCH. COLLABORATIVE MEDICAL RESEARCH does not transfer title to such Software to you and you have no rights other than as a non-exclusive licensee, or as set forth under the terms of any associated license agreement. COLLABORATIVE MEDICAL RESEARCH retains full and complete title to such Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, create derivative works from, or otherwise modify the Software.

Submissions

All concepts, ideas, comments, documents, illustrations, educational course content and other materials disclosed or offered to COLLABORATIVE MEDICAL RESEARCH on or in connection with this Site are submitted without any restrictions or expectation of confidentiality. Unless otherwise agreed to in writing by both parties, COLLABORATIVE MEDICAL RESEARCH shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. COLLABORATIVE MEDICAL RESEARCH shall have the right to use, modify, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without further notice or compensation to you.

Termination

Unless subject to the binding terms and provisions of other COLLABORATIVE MEDICAL RESEARCH service agreements, COLLABORATIVE MEDICAL RESEARCH may terminate this Legal Agreement and restrict access to the CERN Foundation Site at any time without notice. Upon notice of termination by COLLABORATIVE MEDICAL RESEARCH you shall destroy all materials obtained from this Site and all related documentation and copies and installations thereof, whether made under these terms or otherwise.

Export Controls

Your use of the Site should comply with all applicable laws, rules and regulations that govern the export of technical data. By downloading any information including Software you agree that you are not in a country where such export is prohibited, that you are not a person or entity to which such export is prohibited, and that you accept full responsibility for compliance with the laws of your local jurisdiction.

Indemnity

You agree to indemnify, defend and hold harmless COLLABORATIVE MEDICAL RESEARCH, its employees, officers, directors, successors and assigns, individually and collectively, from and against all claims, demands, losses, damages, costs, judgments, liabilities and expenses (including reasonable attorney's fees) arising out of or in connection with any and all claims of third parties, whether or not groundless, associated with your use of CERN Foundation information, the Site, Content, Software, services, products or community forums.

Limitation of Liability

In no event shall COLLABORATIVE MEDICAL RESEARCH or its employees, agents, directors, licensors or contractors be liable for any direct, indirect, incidental, consequential, punitive or multiple damages of any kind that result from the use of, or the inability to use, the materials in this Site, even if an authorized representative of COLLABORATIVE MEDICAL RESEARCH has been advised of the possibility of such damages. In no event shall COLLABORATIVE MEDICAL RESEARCH's total liability to you for damages, losses, and causes of action whether in contract or tort (including, but not limited to, negligence) exceed the amount paid by you to COLLABORATIVE MEDICAL RESEARCH, if any, for accessing this Site.

Jurisdiction

You understand and agree that the laws of the State of Tennessee govern this Legal Agreement and that exclusive jurisdiction for any claim or dispute with COLLABORATIVE MEDICAL RESEARCH, or relating in any way to your account or use of the Site, resides in the State of Tennessee. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tennessee in connection with any such dispute, including any claim involving COLLABORATIVE MEDICAL RESEARCH or its affiliates, subsidiaries, employees, contractors, officers, agents, and directors.

Entire Agreement

This Legal Agreement represents the complete agreement between COLLABORATIVE MEDICAL RESEARCH and yourself with regard to the subject matter of this Legal Agreement, and supersedes any other written or oral agreement. COLLABORATIVE MEDICAL RESEARCH reserves the right, at its discretion, to change, modify, add or remove portions of this Legal Agreement. Please check these terms and conditions periodically for changes. Your continued use of the Site following the posting of changes to these policies will indicate your acceptance of those changes.

Privacy

COLLABORATIVE MEDICAL RESEARCH recognizes the importance of protecting the privacy of visitors to the Site. By using the Site, you represent and warrant that you have read and agree to the Privacy Policy, incorporated herein by reference.

Communications

COLLABORATIVE MEDICAL RESEARCH reserves the right to contact users who have accepted the terms and conditions of any of our Legal Agreements, at any time, regarding user related matters such as changes to our terms and conditions. COLLABORATIVE MEDICAL RESEARCH may also send users other notifications including but not limited to new site features, news bulletins, and other site-related information or opportunities.

Community Standards

COLLABORATIVE MEDICAL RESEARCH makes community discussion areas ("chat rooms," "forums," "message boards,") e-mail functions and/or news areas (individually and collectively, the "Community Forums") available for your interactive use on the Site. If you use the Community Forums, you are solely responsible for your own communications and the consequences of posting those communications. Please remember that any information disclosed in these areas becomes public information and discretion should be used when deciding to disclose personal information. Information that is voluntarily disclosed on the above community forums is beyond the control of COLLABORATIVE MEDICAL RESEARCH and may result in unsolicited messages. COLLABORATIVE MEDICAL RESEARCH assumes no responsibility for any communication on, or consequence arising from the use of, the community forums. The purpose of the community forums is to facilitate an exchange of professional ideas and to stimulate community interaction. To ensure that participation in the community forums is enjoyable and productive for everyone concerned, we ask that you adhere to the following rules:

  • Users of the Community Forums shall provide their real names, and use their own login identity when participating in Community Forums. You may not impersonate another person nor allow others to use your identification.
  • Do not disturb the intent of the Community Forums by soliciting business, promoting any products or services, or posting chain letters or pyramid schemes of any form. The forums shall be used only in a noncommercial manner.
  • You may not post the same item repeatedly. This is sometimes referred to as "spamming" and is strictly prohibited.
  • Do not threaten, verbally attack, harass, embarrass, intimidate or engage in any conduct that may compromise any individual or entity including inhibiting their ongoing use and enjoyment of the Community Forums.
  • Do not upload, distribute or otherwise publish through the Site any content that is libelous, defamatory, hateful, racially or ethnically offensive, obscene or pornographic in nature or that would constitute or encourage a criminal offense, violate a local, state or federal law including, without limitation, laws regarding trademarks, trade secrets, patents, intellectual property rights, copyrights, privacy rights, or publicity rights, violate a law or regulation of any foreign government, or otherwise give rise to liability.
  • Do not collect or store personal data with respect to third parties except as contemplated by this Legal Agreement and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
  • Do not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;
  • Do not upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
  • Please settle any disputes with other users, yourself, and understand that COLLABORATIVE MEDICAL RESEARCH will not mediate disagreements that may arise in the community forums.

Although COLLABORATIVE MEDICAL RESEARCH will not edit the content of your messages, we reserve the right to remove any message that we determine in our sole discretion to be inappropriate or in violation of the terms of this policy. COLLABORATIVE MEDICAL RESEARCH has no liability or responsibility to any person or entity for performance or non-performance of such screening activities.

COLLABORATIVE MEDICAL RESEARCH may invoke whatever sanctions it alone deems appropriate on any user, up to and including banning them from use of the Site, for their improper use and/or abuse of the Community Forums.

COLLABORATIVE MEDICAL RESEARCH reserves the right to use any content posted by users for research, publication, promotional purposes, or any other lawful purpose.

COLLABORATIVE MEDICAL RESEARCH does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by users of the Community Forums or endorse any opinions expressed or implied by such users. You acknowledge that any reliance on content posted in the Community Forums is at your own risk.

Through your use of any of the Community Forums, you are agreeing to all the terms and conditions contained herein and any future amendments hereto.

Reporting Copyright Infringement

Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), COLLABORATIVE MEDICAL RESEARCH’s designated agent for notice of alleged copyright infringement in connection with the Site is [provide or reference contact information]. To file a notice of infringement with COLLABORATIVE MEDICAL RESEARCH, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.