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This website (www.getresearchsmart.org) is provided by GetResearchSmart LLC, also variously referred to herein, and in related documentation, as “GRS” or “GetResearchSmart.” This website is generally referred to herein as the “GRS website.”  The material, information, data and content accessible from this site are referred to as the “Content.”

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE, WHICH ARE SUBJECT TO CHANGE BY GETRESEARCHSMART, LLC AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. USE OF THIS SITE, ITS CONTENTS, AND/OR INFORMATION OBTAINED DIRECTLY OR INDIRECTLY AS A RESULT OF ITS USE IS CONTINGENT ON ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO READ THESE TERMS OF USE WILL NOT RELIEVE YOU OF YOUR OBLIGATION TO COMPLY WITH THE TERMS HEREOF. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Disclaimer

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GRS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GRS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN OR ACCESSIBLE FROM THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GRS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THIS SITE OR ITS CONTENT, WHETHER IN TERMS OF ACCURACY, RELIABILITY, THOROUGHNESS OR OTHERWISE.

ADDITIONALLY, THE CONTENT MAY INCLUDE OPINIONS AND GRS MAKES NO REPRESENTATION OR WARRANTY THAT SUCH OPINIONS ARE WIDELY HELD, ACCEPTED OR AGREED TO BY EXPERTS IN THE RELEVANT FIELD OR FIELDS OR THAT ANY CONCLUSIONS OR HYPOTHESIS EXPRESSED HEREIN WILL ULTIMATELY BE CORRECT OR APPROPRIATE FOR A PARTICULAR USER. GRS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. YOU, AND NOT GRS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS, DAMAGE OR LIABILITY ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT.

Access To This Site

This site is made generally accessible to the public as an information resource to be used at the discretion of the user, for lawful purposes and in accordance with the terms hereof. You should not rely on its Content without independent verification and additional consultation with personal advisors you consider familiar with your situation and/or competent in pertinent areas of expertise, as appropriate.

To the extent that portions of this site are interactive or require, solicit or enable your input, it is a condition of your use that all the information you provide on or to this site is correct, current, and complete. If GRS believes that the information you provide is not correct, current, complete or relevant, or is misleading, unlawful, or inappropriate, GRS has the right, at its sole discretion, to refuse you access to this site or any of its resources.

No Doctor-Patient Relationship

Your use of this site or its Content, communication with or through this site, or your provision or submission of any information while using this site will not create a doctor-patient relationship between you and GRS, or any of its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, or contractors. Please be aware that any information that you provide through your use of this site is not privileged or confidential, beyond the explicit provisions provided herein. The Content is provided solely for informational purposes: it is not intended as and does not constitute medical advice. The information contained herein should not be relied on or used as a substitute for consultation with medical and/or other professional advisors.

Proprietary Information

The Content is the property of GRS or the party that provided the Content to GRS, and they each retain all respective right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of GRS, except as otherwise provided herein. You may without prior written consent print out or download a copy of the Content for your personal use, and make and distribute copies of the Content without substantive alteration for non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content, nor shall you remove or alter any other indicia of authorship or ownership. Modification or use of the Content except as expressly provided in these Terms of Use violates the intellectual property rights of GRS or the party that provided the Content. Neither title nor intellectual property rights in or to the Content are transferred to you by your access to or use of this site in accordance with its Terms of Use.

Hyper-Links

This site may be hyper-linked to or by other sites which are not maintained by, or related to, GRS. Any hyper-links from GRS to such sites are complimentary to users and are not sponsored by or affiliated with this site or GRS. GRS has not reviewed any or all of such sites and is not responsible for the content of those sites. With respect to links from other sites to GRS, GRS considers these links to its website as permission to acknowledge such links as a matter of fact (i.e., for clarity, entities that link to GRS are neither considered persons nor their information personally identifiable - see below under Privacy). Hyper-links are to be accessed at the user’s own risk, and GRS makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site should not be construed as an endorsement by GRS of that site or agreement with the contents thereof.

Neither linking to the GRS website from another website nor printing or other use of GRS materials for personal or noncommercial educational purposes (with full attribution to GRS and its website) requires prior permission. However, the foregoing uses must comply with these Terms of Use. Please follow deep-links to pdf content with: (see www.getresearchsmart.org for Terms of Use). If you have any questions or your intended deep-linking is for other than as described above, please contact GRS at contact@getresearchsmart.org.

Information You Provide

You hereby grant to GRS a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other non-personally identifiable information communicated by you to GRS through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. GRS will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future GRS operations.

You shall not post, send, submit, publish, or transmit in connection with this site any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; nor
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

GRS reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither GRS nor any third party that provides Content to GRS will assume or have any liability for any action or inaction by GRS or such third party with respect to any Submission.

Privacy

GRS will not, without your prior consent, disclose, sell or provide to third parties any personally identifiable information that you provide to GRS via this site, unless required by law (e.g., under subpoena). Testimonials, or portions thereof, that you send to GRS may be posted on this site, but will not include personally identifiable information, such as your full name (but may include, as examples, your first name, initials, or an occupational descriptor and state of residence), without your permission.

Limitation On Liability

GRS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, ITS CONTENT, OR ANY PRODUCT OR SERVICE CONNECTED THEREWITH THAT GIVE RISE TO SUCH CLAIM OR LIABILITY, AND YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU MAY HAVE TO SUCH CLAIMS OR DAMAGES.

HOWEVER, IN THE EVENT THAT THE ABOVE LIMITATION AND WAIVER IS HELD NOT ENFORCEABLE BY A COMPETENT COURT HAVING JURISDICTION OVER SUCH CLAIMS, THEN IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF GRS AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR SUCH CLAIMS OR LIABILITIES EXCEED, IN THE AGGREGATE, THE LESSER OF $1 OR THE AMOUNT OF MONEY PAID BY YOU TO GRS, BUT IF THE FOREGOING IS ALSO HELD NOT ENFORCEABLE, THEN SUCH LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW.

Indemnity

You will indemnify and hold harmless GRS, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, fines, awards, costs, expenses, and attorneys’ fees, and any other liabilities, of the Indemnified Parties in connection therewith. You will also defend, indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your misuse of the site or the Content or your Submissions.

Trademarks & Copyrights

Trademarks, service marks, and logos appearing on this site are the property of GetResearchSmart LLC or the party that provided the trademarks, service marks, or logos to GRS. GRS and such parties retain all rights with respect thereto. GetResearchSmart LLC trademarks include, but are not limited to, ASK, GRS, GetResearchSmart and A prepared prospect is an investigator’s best subject!

Miscellaneous

These Terms of Use and all claims arising out of or in connection with this site will be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law, and you consent to the personal jurisdiction of and exclusive venue in the state and federal courts thereof.

If any part of these Terms of Use is held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

All rights not expressly given herein are reserved. GRS reserves the right, at its sole and exclusive discretion, to terminate any rights granted herein without consideration or prior notice to you. GRS may also revise these Terms of Use at any time, without notice and at its sole and exclusive discretion, by updating this posting.

(06-07-07)