TERMS AND CONDITIONS

By using this site (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use the Site. The Nancy Lurie Marks Family Foundation (the “NLM Foundation”) reserves the right, in its discretion, to update or revise these Terms of Use. Please check periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

GENERAL
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the NLM Foundation or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Additional terms and conditions may apply to specific portions of the Site, which terms are made a part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

THIRD PARTY SITES
The Site may link you to other web sites on the Internet. These other web sites are not under the control of the NLM Foundation, and you acknowledge that the NLM Foundation is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by the NLM Foundation or any association with its operators.

PROPRIETARY RIGHTS
You acknowledge and agree that the content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. the NLM Foundation grants you a non-exclusive license to download, print and make up to thirty (30) copies of the content and materials available on the Site solely for your personal, non-commercial use or for educational purposes, provided you keep intact all copyright and other proprietary notices. Except as set forth in the preceding sentence or as authorized in writing by the NLM Foundation, 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 content or materials. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

LINKING TO THE SITE
Generally, the NLM Foundation does not mind if you have a link from your web site to the Site. However, you may not frame the Site or incorporate pieces of it into a different web site or product. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

USER NAMES AND PASSWORDS
If you have a user name and password in connection with your use of the Site, it is your responsibility to maintain the confidentiality of such user name and password. You are fully responsible for all activities that occur under your user name, and the NLM Foundation does not assume any liability or responsibility for such use.

DISCLAIMER OF WARRANTIES
We include a lot of information on the Site, including articles, references, tools, databases and streaming video. While we hope you find the information helpful, it is your responsibility to evaluate the information and results from tools we provide. If you are a health care professional you should remember that the content on the Site is not meant to serve as a substitute for your own clinical judgment, and we encourage you to confirm the information contained on the Site with other sources before undertaking any treatment or action based on it. If you are a consumer who chooses to use the information on the Site, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified health care professional. For medical concerns, including decisions about medications and other treatments, you should always consult your physician or, in serious cases, seek immediate assistance from emergency personnel. You are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. IF YOU RELY ON INFORMATION ON THE SITE, YOU DO SO AT YOUR OWN RISK.

We do not offer you any warranty or guarantee related to the Site or the information available on the Site. ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE NLM FOUNDATION DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE 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 THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE NLM FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NLM FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NLM FOUNDATION'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the NLM Foundation, and its employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site. The NLM Foundation reserves the right, at it 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 NLM Foundation in asserting any available defenses.

INTERNATIONAL USE
The NLM Foundation makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to the NLM Foundation:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Please send such notice to:


The Nancy Lurie Marks Family Foundation
60 William Street, Suite 110
Wellesley, Massachusetts 02481
(781) 237-1311

[info@nlmfoundation.org]

CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts , excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the NLM Foundation with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the NLM Foundation with respect to the Site. If any part of these Terms of Use 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.

TERMINATION
The NLM Foundation reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.


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