Terms of Use – Food Allergy Research & Education Data Coordinating Center

AGREEMENT BETWEEN USER AND FOOD ALLERGY RESEARCH & EDUCATION DATA COORDINATING CENTER

The FARE Data Coordinating Center Portal website is comprised of various Web pages operated by Westat on behalf of FARE. The FARE Data Coordinating Center Portal website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FARE Data Coordinating Center Portal website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The FARE Data Coordinating Center Portal reserves the right to change the terms, conditions, and notices under which the FARE Data Coordinating Center Portal website is offered.

LINKS TO THIRD PARTY SITES

The FARE Data Coordinating Center Portal website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the FARE Data Coordinating Center Portal and the FARE Data Coordinating Center Portal is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The FARE Data Coordinating Center Portal is not responsible for webcasting or any other form of transmission received from any Linked Site. The FARE Data Coordinating Center Portal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the FARE Data Coordinating Center Portal of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the FARE Data Coordinating Center Portal website, you warrant to the FARE Data Coordinating Center Portal that you will not use the FARE Data Coordinating Center Portal website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FARE Data Coordinating Center Portal website in any manner which could damage, disable, overburden, or impair the FARE Data Coordinating Center Portal website or interfere with any other party’s use and enjoyment of the FARE Data Coordinating Center Portal website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FARE Data Coordinating Center Portal website.

USE OF COMMUNICATION SERVICES

The FARE Data Coordinating Center Portal website may contain bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the community at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

The FARE Data Coordinating Center Portal has no obligation to monitor the Communication Services. However, the FARE Data Coordinating Center Portal reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The FARE Data Coordinating Center Portal reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The FARE Data Coordinating Center Portal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the FARE Data Coordinating Center Portal’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The FARE Data Coordinating Center Portal does not control or endorse the content, messages or information found in any Communication Service and, therefore, the FARE Data Coordinating Center Portal specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized FARE Data Coordinating Center Portal spokespersons, and their views do not necessarily reflect those of the FARE Data Coordinating Center Portal.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE FARE DCC PORTAL

The FARE Data Coordinating Center Portal does not claim ownership of the materials you provide to the FARE Data Coordinating Center Portal (including feedback and suggestions) or post, upload, input, or submit to any FARE websites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the FARE Data Coordinating Center Portal permission to use your Submission in connection with the operation and fulfillment of FARE DCC obligations.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the FARE Data Coordinating Center Portal website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The FARE Data Coordinating Center Portal and/or its suppliers may make improvements and/or changes to the FARE Data Coordinating Center Portal website at any time. Advice received via the FARE Data Coordinating Center Portal website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

The FARE Data Coordinating Center Portal and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the FARE Data Coordinating Center Portal website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The FARE Data Coordinating Center Portal and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the FARE Data Coordinating Center Portal and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the FARE Data Coordinating Center Portal website, with the delay or inability to use the FARE Data Coordinating Center Portal website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the FARE Data Coordinating Center Portal website, or otherwise arising out of the use of the FARE Data Coordinating Center Portal website, whether based on contract, tort, negligence, strict liability or otherwise, even if the FARE Data Coordinating Center Portal or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the FARE Data Coordinating Center Portal website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the FARE Data Coordinating Center Portal website.

TERMINATION/ACCESS RESTRICTION

The FARE Data Coordinating Center Portal reserves the right, in its sole discretion, to terminate your access to the FARE Data Coordinating Center Portal website and the related services or any portion thereof at any time, without notice. System usage may be monitored, recorded, and subject to audit. Unauthorized use of the system is prohibited and subject to criminal and civil penalties. The use of the system indicates consent to monitoring and recording.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.