Terms & Usage

Terms & Usage

Huntington Medical Research Institutes (“HMRI”) Terms and Conditions

 

Last Updated: December 7, 2015

 

Welcome to the HMRI website and related interactive features and downloads (collectively, the “Sites”) that is owned by Huntington Medical Research Institutes (“HMRI,” “we” and “us). BY USING OUR SITES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THESE SITES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES OR ANY AFFILIATE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

 

If you have entered into a separate agreement with us for specific services, then the terms of that agreement will control to the extent that the agreement conflicts with these Terms.

 

Assistance. If you have any questions or comments, we invite you to contact us by email at info@hmri.org.

 

Donations. For all donations submitted through the Sites, HMRI will bill your credit card or alternative payment method offered by HMRI. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse HMRI for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.  You are responsible for all donation commitments and related payments submitted through the Sites, and any and all fees charged to you by your financial institution or payment processor related to the payments. Generally, donation commitments are non-cancelable and donations paid are non-refundable. HMRI may review requests to cancel a commitment or refund a donation on a case-by-case basis. If HMRI exercises discretion to cancel a commitment or refund a donation in one case, it does not create any obligation for HMRI to cancel or refund other donations, nor does it obligate HMRI to review a request for cancellation or refund in any other case. You shall provide HMRI with written notice of any disputed charges within ten (10) business days of the date of the charge.  Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.

 

Copyright, Trademark and Ownership. All of the content displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by HMRI, its licensors, agents or its Content providers. All elements of the Sites, including, without limitation, the Sites’ general design, HMRI’s trademarks, service marks, trade names (including the HMRI’s name, logos, and the Sites’ name), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Sites may only be used for the intended purpose for which they are made available. Except as may be otherwise indicated on the Sites, you are authorized to view, play, print and download documents, audio and video found on our Sites for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the HMRI’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without HMRI’s prior written consent.  The use of HMRI trademarks on any other website is not allowed.  HMRI prohibits the use of HMRI trademarks as a “hot” link on or to any other website unless HMRI approves the establishment of such a link in writing in advance.  The Sites, Content and all related rights shall remain the exclusive property of HMRI or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.

 

Advertising Rights.  HMRI reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and HMRI and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate HMRI to sell or offer to sell any advertising, promotion or distribution rights.

 

Accuracy of Information. We attempt to ensure that information on our Sites is complete, accurate and current. Despite our efforts, the information on our Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Sites.

 

Links. Running or displaying our Sites or any information or material displayed on our Sites in frames or through similar means on another website without our prior written permission is prohibited. From time to time, our Sites may contain links to third-party websites that are not owned, operated or controlled by HMRI or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our Sites, you do so entirely at your own risk.

 

Inappropriate Submissions and Use of the Sites.  You are prohibited from sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane messages or materials through the Sites.  You may not post material on, or send materials through, the Sites, or otherwise use the Sites in any manner, that could: (i) humiliate, threaten, or injure other people or their property rights, including, but not limited to, intellectual property rights; (ii) violate the privacy or publicity rights of other individuals or entities; (iii) be considered criminal conduct or give rise to civil liability; or (iv) otherwise violate any law or these Terms.  You further understand and agree that sending unsolicited advertisements through the Sites is expressly prohibited by these Terms.  Any unauthorized use of our computer systems is a violation of these Terms.  In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate termination of your access to the Sites.  As set forth in our Privacy Policy, we may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone sending such materials.

 

Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.

 

Privacy. Information collection, use, and disclosure, including the collection, use, and disclosure of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

 

Force Majeure. HMRI is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

           

Representations and Warranties.  You affirm, represent and warrant the following:  (i)  you are over the age of 18, or if in a location with a different age of majority, you are old enough in your location to enter into a binding contract with HMRI, and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Sites; (iii) if necessary you have the written consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the Sites and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) you are not, and have not been an agent of HMRI and were not and are not acting on behalf of, or as a representative of, HMRI or any other party; and (vi) HMRI’s use of any information you have submitted as contemplated by these Terms and the Sites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.

 

DISCLAIMERS. Your use of thE Sites is at your OWN risk. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE SITES OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES.  WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR ANY INFORMATION OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE SITES OR ANY INFORMATION OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER HMRI NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HMRI OR THROUGH HMRI’S SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

LIMITATIONS OF LIABILITY. HMRI does not assume any responsibility FOR and will NOT be liable, for any damage to or any virus that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing thE Sites, or your downloading of OR ACCESSING any materials from thE Sites. IN NO EVENT WILL HMRI, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES OR THE CONTENT.  IN NO EVENT SHALL HMRI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).

 

Indemnity. You agree to defend, indemnify and hold HMRI, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Sites or your placement or transmission of any message or information on the Sites by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to HMRI; or (vi) any other party’s access and use of the Sites with your unique username, password or other appropriate security code.

 

Release. In the event that you have a dispute with another user or other party related to the Sites, you release HMRI (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

Termination. You or we may suspend or terminate your use of our Sites at any time, for any reason or for no reason. You are personally liable for any donations placed or charges by you prior to termination. We may also block your access to our Sites in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) as otherwise provided herein or in another incorporated policy. You understand that HMRI may permanently delete any data you submit through our Sites at any time without notice.  HMRI will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

 

General. Any claim arising out of or relating to the use of, our Sites and the materials contained herein is governed by the laws of the State of California, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.  Any and all disputes directly or indirectly arising out of or related to the Terms or the Sites will be resolved individually, without resort to any form of class actions.  Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees.  Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.  Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Sites must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites.

 

We do not guarantee continuous, uninterrupted or secure access to our Sites, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by HMRI in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and HMRI with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral).  Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.

 

All rights not granted herein are expressly reserved to Huntington Medical Research Institutes.