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Terms and Conditions of Use Online Usage Agreement
READ THIS TERMS AND CONDITIONS OF USE AGREEMENT (THE "AGREEMENT")
CAREFULLY BEFORE USING THE RARE DISEASES MEDIA CENTER. BY ENTERING THE RARE DISEASES MEDIA CENTER,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If you do not agree to the terms of this Agreement, please do not use this
site. We reserve the right, at our discretion, to update or revise the terms of
this Agreement. Please check the terms of this Agreement periodically for
changes. Your continued use of this site following the posting of any changes to
the terms of this Agreement constitutes acceptance of those changes. The Rare Diseases
Media Center reserves the right to terminate the Agreement, or to modify or
terminate the services and/or product offerings at any time without notice to you.
Protection and Security
By the use of the Rare Diseases Media Center, you agree to take all reasonable
steps to ensure that no unauthorized person shall have access to the Rare Diseases
Media Center. You agree not to divulge, sublicense, assign, or transfer to any
third party your username and password that you established during your
registration. You understand that your username and password may be required
prior to each use of the Rare Diseases Media Center.
Proprietary Rights
You acknowledge and agree that copyrights, trademarks, service marks, patents,
trade secrets, or other proprietary rights and laws protect all content and
materials available on this site.. Except as expressly authorized by
the Rare Diseases Media Center, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, you may print or download one copy of the materials
or content on this site on any single computer for your personal, non-commercial
use, provided you keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory, without written permission from the Rare Diseases Media Center is
prohibited. In addition, use of the content or materials for any purpose not
expressly permitted in the terms of the Agreement is prohibited.
Grant of Limited License
By posting or submitting content to this site, you:
Fees and Payments
You agree and acknowledge that by accessing the Rare Diseases Media Center
through a subscription, you will be subject to any applicable fees and charges
for the use of the Rare Diseases Media Center in conjunction with your username and
password at the rates in effect when incurred. Fees and charges will be billed
to the credit card that you designate during the registration process. If you
want to change the credit card to which the Rare Diseases Media Center will bill
you, you may insert the new credit card number on the charge page.
THE RARE DISEASES MEDIA CENTER SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR
CREDIT CARD BY A THIRD PARTY.
Termination
You may terminate your access to this site at any time by notifying the
Rare Diseases Media Center in writing. The Rare Diseases Media Center reserves the
right, in its sole discretion, to terminate your access to all or part of this
site, with or without notice, by deactivating your username and password, or
suspending operation of the system.
Disclaimer of Warranties
ALL MATERIALS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS". THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE RARE DISEASES MEDIA CENTER, ITS SUBSIDIARIES, AFFILIATES,
LICENSEES, AND IT LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT
YOUR RISK. IN THE EVENT THAT STATE OR LOCAL LAW DOES NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE RARE DISEASES MEDIA CENTER, ITS SUBSIDIARIES,
AFFILIATES, LICENSEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR INABILITY TO USE, THIS SITE . THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE RARE DISEASES MEDIA CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. IN THE EVENT THAT STATE OR LOCAL LAW DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RARE DISEASES MEDIA CENTER'S
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon request by the Rare Diseases Media Center, you agree to defend, indemnify,
and hold harmless the Rare Diseases Media Center, its subsidiaries, affiliates and
licensees, and their employees, contractors, offices, and directors from all
liabilities claims, and expenses, including attorney's fees, that arise from
your use or misuse of this site. The Rare Diseases Media Center reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with the Rare Diseases Media Center in asserting any available defenses.
Choice of Law and Forum
The terms of this Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to the terms of
the Agreement of your use of this site shall be filed only in the state or
federal courts located in Hillsborough County, Florida, and you further agree
and submit to the exercise of personal jurisdiction of such courts for the
purpose if litigating such claim or action.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire
agreement between you and the Rare Diseases Media Center with respect to this site
and supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and the Rare Diseases
Media Center with respect to this site. If any part of the terms of this Agreement is
held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force
and effect.
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