RESEARCHCHANNEL WEB SITE TERMS AND CONDITIONS

Last Revised: January 9, 2009

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the ResearchChannel web site (the "Site") that is owned and operated by ResearchChannel ("ResearchChannel”).  These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with ResearchChannel, or its subsidiaries or affiliates, for products, services or otherwise.  If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and ResearchChannel for violations of these Terms.

ResearchChannel reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion.  Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of this Site following the posting of  changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.  If you do not agree to the amended terms, you must stop using the Site. 

If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions.  All other questions or comments about the Site or its contents should be directed to info@researchchannel.org.

1. Privacy Policy
   
   Please refer to our Privacy Policy for information on how ResearchChannel collects, uses and discloses personally identifiable information from its users.
   
2. Copyright and Limited License
   
   Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation all text, graphics, designs, logos, photos, pictures, video, information, data, software, code, music, sound files (collectively, the "Site Materials") and the selection and arrangement thereof are the proprietary property of ResearchChannel or its licensors or users and are protected by U.S. and international copyright laws.
   
   With respect to any Site Materials posted on the Site by users ("User Content"), the party posting such User Content may choose, at its option, to license its rights in the User Content through a Creative Commons license. If so, the particular type of Creative Commons license applicable to such content will be noted on the Site, and such use grants you a license in accordance with the terms of the particular Creative Commons License chosen.  See Creative Commons for more information on the various Creative Commons licenses and the specific terms and conditions applicable to each such license.  You should note, however, that the Creative Commons license only extends to the copyright in the User Content owned by grantor, and there may be other rights contained in such work and other permissions may need to be obtained before you can use the content in the manner you intend.  For example, if the name or likeness of any individual appears in any User Content, such individual may have rights of publicity or privacy relating to such User Content, and permission may need to be obtained from such individual before exploiting the User Content in certain ways.  ResearchChannel cannot and does not guarantee that the user has all necessary rights to grant you the right to use such User Content, and you use User Content at your own risk. 
   
   You are granted a limited, non-sublicensable license to access and use the Site and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and, except as may be provided in any Creative Commons license granted by users with respect to their User Content as described above, does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose.  Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of ResearchChannel, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time.
3. Repeat Infringer Policy 
   
   In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, ResearchChannel has adopted a policy of terminating, in appropriate circumstances and at ResearchChannel's sole discretion, subscribers or account holders who are deemed to be repeat infringers.  ResearchChannel may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Copyright Complaints
   
   If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
   
   Name of Agent Designated to Receive Notification of Claimed Infringement: 
   Amy Philipson c/o Perkins Coie
   
   Full Address of Designated Agent to Which Notification Should be Sent:
   1201 Third Avenue, Suite 4800, Seattle, WA 98101
   
   Telephone Number of Designated Agent: (877) 616-7265
   
   Facsimile Number of Designated Agent: (206) 616-0819
   
   E-Mail Address of Designated Agent: dmca@researchchannel.org
   
   We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
5. Trademarks
   
   RESEARCHCHANNEL,  the ResearchChannel logos and any other product or service name or slogan contained in the Site are trademarks of ResearchChannel and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ResearchChannel or the applicable trademark holder.  You may not use any metatags or any other "hidden text" utilizing "ResearchChannel" or any other name, trademark or product or service name of ResearchChannel without our prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ResearchChannel and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
6. Hyperlinks
   
   You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray ResearchChannel or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  You may not use a ResearchChannel logo or other proprietary graphic of ResearchChannel to link to this Site without the express written permission of ResearchChannel.  Further, you may not use, frame or utilize framing techniques to enclose any ResearchChannel trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without ResearchChannel's express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ResearchChannel or any third party.
   
   ResearchChannel makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site.  Such sites are not under the control of ResearchChannel and ResearchChannel is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  ResearchChannel provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ResearchChannel of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
7. Third Party Content
   
   ResearchChannel may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information.  ResearchChannel does not monitor or have any control over any Third Party Content or third party Web sites.  ResearchChannel does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  ResearchChannel does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content.  Users use such Third Party Content contained therein at their own risk.
8. Advertisements and Promotions; Third-Party Products and Services
   
   ResearchChannel may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  ResearchChannel is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-ResearchChannel advertisers or third party information on the Site.
9. Submissions
   
   You acknowledge and agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the ResearchChannel or ResearchChannel's products or services that are provided by you in the form of e-mail or other submissions to ResearchChannel, or any postings on the Site ("Submissions") are non-confidential and shall become the sole property of ResearchChannel.  ResearchChannel shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. User Content and Interactive Services or Areas
    
    The Site may include discussion forums, chat rooms or message boards, user generated content, online hosting or storage services, or other interactive areas or services ("Interactive Areas") in which you or other users create, post or store User Content on the Site.  You are solely responsible for your use of such Interactive Areas and use them at your own risk. 
    
    User Content should be related in some manner to academic, scientific or health-related research and issues.  In addition, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
    
    a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    
    b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
    
    c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
    
    d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
    
    e. Unsolicited promotions, political campaigning, advertising or solicitations;
    
    f. Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
    
    g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
    
    h. User Content that, in the sole judgment of ResearchChannel, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose ResearchChannel or its users to any harm or liability of any type.
    
    ResearchChannel takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ResearchChannel liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  Your use of Interactive Areas is at your own risk.  As a provider of interactive services, ResearchChannel is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although ResearchChannel has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, ResearchChannel reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ResearchChannel's systems and customers, or to ensure the integrity and operation of ResearchChannel's business and systems, ResearchChannel may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.  ResearchChannel's right to disclose any such information shall govern over any terms of ResearchChannel's Privacy Policy.
    
    In addition to any Creative Commons license you may grant, if you post User Content to the Site, unless we indicate otherwise, you grant ResearchChannel and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site.  You grant ResearchChannel and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
11. Registration Data; Account Security
    
    In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to ResearchChannel, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to ResearchChannel.
12. Export Restrictions
    
    Any information and technical data viewed from this Site (collectively the "Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries.  You are responsible for complying with all trade regulations and laws both foreign and domestic.  Except as authorized by law, you agree and warrant not to export or re-export the Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals.  You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
13. Indemnification
    
    You agree to defend, indemnify and hold harmless ResearchChannel, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against ResearchChannel and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
14. Disclaimer
    
    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY RESEARCHCHANNEL, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  RESEARCHCHANNEL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE.  RESEARCHCHANNEL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  RESEARCHCHANNEL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    
    RESEARCHCHANNEL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.  WHILE RESEARCHCHANNEL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, RESEARCHCHANNEL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
    
    ResearchChannel reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ResearchChannel.
    
15. Limitation of Liability
    
    IN NO EVENT SHALL RESEARCHCHANNEL, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RESEARCHCHANNEL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RESEARCHCHANNEL'S RECORDS, PROGRAMS OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RESEARCHCHANNEL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RESEARCHCHANNEL FOR ACCESS TO OR USE OF THE SITE.
16. Applicable Law and Venue
    
    These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
17. Termination
    
    Notwithstanding any of these Site Terms, ResearchChannel reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
18. Severability
    
    If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions & Contact Information
    
    Questions or comments about the Site may be directed to ResearchChannel through our contact form or by calling us at (877) 616-7265.