Terms of Use and Software License
EthAssist® sites, content, products and services (herein referred to as "EthAssist") are provided by the Institute of Consultative Bioethics ("ICBioethics"). Please review the following terms and conditions concerning your use of EthAssist and contact us at [email protected] if you have any questions. By accessing, using, or downloading any materials from EthAssist, you agree to follow and be bound by these terms and conditions ("Terms"). ICBioethics reserves the right to change the Terms at any time and in its sole discretion. In case of any violation of the Terms, ICBioethics has the right to seek all remedies available to it in law and in equity.
You acknowledge that all materials provided on EthAssist including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services, are provided either by ICBioethics or its third party developers and vendors. All underlying intellectual property rights are owned by ICBioethics and/or its Third Party Providers.
ICBioethics reserves the right, in its sole discretion and at any time, to terminate your access to EthAssist without liability to YOU or any third-party. In addition, access to EthAssist may be monitored by ICBioethics. Upon termination of these Terms, you will immediately destroy any downloaded or printed materials obtained through your EthAssist login ID.
EthAssist may contain links to websites controlled by parties other than ICBioethics. ICBioethics is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. ICBioethics is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by ICBioethics of the linked website. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
All materials available in EthAssist are copyrighted by ICBioethics. All rights are reserved. This is a legal agreement between YOU, as a user of EthAssist, and ICBioethics.
Use of EthAssist indicates your acceptance of the following terms and conditions and disclaimers. "Use" means accessing, storing, loading, installing, using or executing EthAssist.
By using any part or whole of EthAssist, YOU indicate agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between YOU and ICBioethics. If YOU do not understand these terms, conditions, and disclaimers, or do not agree to and accept them, then YOU may not use or view any part or whole of EthAssist.
1. LICENSE GRANT.
ICBioethics hereby grants a limited, non-exclusive, non-transferable and revocable license for YOU to use EthAssist in conformance with the Terms on ICBioethics' website [icbioethics.com and eth-assist.com].
YOU are responsible for any activity that occurs through your EthAssist account, and YOU agree to use EthAssist in accordance with all applicable laws. YOU agree you will not share, sell, transfer, license or assign your EthAssist account or account rights and will not share or disclose your EthAssist password to any third party.
2. OWNERSHIP.
EthAssist is owned, copyrighted, and subject to a pending patent application submitted by ICBioethics. No title or ownership in EthAssist is conferred to YOU and no sale of any right in EthAssist should be construed.
3. INTELLECTUAL PROPERTY RIGHTS.
EthAssist is protected by intellectual property rights, title and interests, including copyright, trademark and a pending patent application, and related registrations and international treaty protections. YOU acknowledge that no title to the EthAssist intellectual property is transferred to you. YOU further acknowledge that title and full ownership rights to EthAssist will remain the exclusive property of ICBioethics, and YOU will not require any rights to EthAssist except as expressly set forth in this license. YOU agree that any copies of EthAssist will contain the same proprietary notices, which appear on and in EthAssist. You may not remove or alter any copyright, trademark, or patent notices contained in EthAssist.
4. DISCLAIMER OF WARRANTY.
EthAssist and all included content are provided "as is" without any warranty of any kind, whether express or implied.
ICBIOETHICS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AVAILABILITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICBIOETHICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ETHASSIST; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ICBIOETHICS' AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
6. SEVERABILITY.
In the event of invalidity of any provision of the TERMS, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
7. TERMINATION.
This License may terminate, without notice from ICBioethics, if YOU fail to comply with the TERMS. Upon termination, YOU shall immediately discontinue use of EthAssist and destroy all copies of EthAssist materials content in your possession. All payments made by YOU are non-refundable. Notwithstanding termination, the following provisions shall survive: Jurisdiction, Disclaimer of Warranty, and Limitation of Liability. All other rights granted under these TERMS (including the license) will cease upon termination.
8. APPLICABLE LAW
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court located in Allegheny County, Pennsylvania.
EthAssist is controlled and operated from the United States, and ICBioethics makes no representations that they are appropriate or available for use in other locations.
9. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between ICBioethics and YOU with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by a representative of ICBioethics and YOU.
10. Collecting Your Personal Information
The personal information we collect includes your name, email, company or organization name, city, country, and work phone. The Site may collect certain anonymous information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the website from which you linked directly to our site. This information is used to help improve the Site and services, analyze trends, and administer the Site and services.
11. Use of your Personal Information
The personal information collected on this Site will be used to operate the Site, enhance services and to provide the service(s) or carry out the transaction(s) you have requested.
12. Control of your Personal Information
Except as otherwise described in this statement, personal information you provide on the Site will not be shared outside of ICBioethics. We do not disclose to third parties the information provided. WE DO NOT SELL, TRADE, EXCHANGE OR OTHERWISE MAKE AVAILABLE ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY OTHER COMPANY OR ORGANIZATION.