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Legal Terms & Conditions
1. Acceptance of Terms
The CFTR2 team members ("CFTR2"), the Cystic Fibrosis Foundation ("CFF"), and Johns Hopkins Hospital ("Johns Hopkins")
provide access to this web site (the "Site") subject to the acceptance of this User Agreement ("Agreement") by any person accessing, browsing, or
otherwise using the CFTR2 website ("User" or "you"). This Agreement may be updated by CFTR2 from time to time without prior notice to you. CFTR2
encourages you to review this Agreement periodically for any updates or changes. By accessing or using the Site, you agree to be bound by the terms
of this Agreement, as revised. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service,
codes of conduct or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this
Agreement, the provisions of this Agreement shall govern
2. Disclaimer
The contents of the Site, such as text, graphics, photographs, software and other material (the "Content"), is presented
for informational purposes only. CFTR2, CFF, and Johns Hopkins will use reasonable efforts to include up-to-date and accurate information in this Site,
but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Content provided, including third party
information, such as, but not limited to, press releases, articles, or information from third-party web sites linked to or from this Site.
YOU SHOULD NOT RELY ON ANYTHING CONTAINED ON THE SITE TO SUGGEST A COURSE OF TREATMENT FOR ANY MEDICAL CONDITION. THE CONTENT
CANNOT SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY
CONTACT YOUR HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE, AVOID OR DELAY VISITING A MEDICAL PROFESSIONAL, OR DEVIATE FROM ANY TREATMENT
PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED TO YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU
SHOULD READ CAREFULLY ALL PRODUCT PACKAGING.
3. No Endorsement of Links to Other Web Sites
Any links to other sites are provided as merely a convenience to you. This Site may provide links or references to other sites but
CFTR2, CFF, and Johns Hopkins have not reviewed all of these other sites, have no responsibility for the content of such other sites and shall not be liable
for any damages or injury arising from the content from these other sites. You understand that, except for information or services clearly identified as being
supplied by CFTR2, CFF, or Johns Hopkins, CFTR2, CFF, and Johns Hopkins do not operate, control or endorse any information, products or services on the Internet
in any way. CFTR2, CFF, Johns Hopkins does not endorse or make any representations about these sites, or any information or other products or materials found on
these sites, or any results that may be obtained from using these sites. If you decide to access any of these other sites linked to this Site, you do so entirely
at your own risk.
4. Privacy
You agree that you have read and understand the terms of CFTR2's privacy policy. You acknowledge that the Site may link to other
sites not controlled by CFTR2, CFF, or Johns Hopkins and that the collection of your data by these sites is outside the scope of control of CFTR2, CFF, or Johns Hopkins.
5. Use of the Site
You also understand that CFTR2, CFF, and Johns Hopkins cannot and does not guarantee or warrant that files available for downloading
from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards"). You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
6. System Integrity
You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that
imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or other information that you provide to CFTR2, CFF, or Johns Hopkins in connection with
the use of the Site: (a) shall not be obscene or indecent; (b) shall not contain any Hazards; (c) shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; and
(e) shall not create any liability for CFTR2, CFF, or Johns Hopkins or cause CFTR2, CFF, or Johns Hopkins to lose (in whole or in part) the services of its Internet
Service Provider(s) or other suppliers. Users shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR
TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
9. NO WARRANTIES
CFTR2, CFF, AND JOHNS HOPKINS DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE,
THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND CFTR2, CFF, AND JOHNS HOPKINS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR
USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. CFTR2, CFF, AND JOHNS HOPKINS DO NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
10. System Outages
CFTR2, CFF, and Johns Hopkins periodically schedule system downtime for maintenance and other purposes. Unplanned system outages may
also occur. CFTR2, CFF, and Johns Hopkins shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions
caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts
or any other outages of web host providers or the Internet infrastructure and network external to the Site.
11. Indemnification
You agree to indemnify, defend and hold CFTR2, CFF, and Johns Hopkins and their affiliates, officers, directors, employees and agents
harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i)
your use, misuse or abuse of the Site, or (ii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in defense of any
claim against CFTR2, CFF, or Johns Hopkins. CFTR2, CFF, and Johns Hopkins reserve the right, at their own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of CFTR2, CFF, and Johns Hopkins.
12. Intellectual Property
The Content is the property of CFTR2, CFF, Johns Hopkins and/or their affiliates or partners, and is protected by federal and international
copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. No portion of the Content may be reprinted,
republished, modified, or distributed in any form without the express written permission of CFTR2, CFF, and Johns Hopkins. You may not, and this Agreement does not give
you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site.
Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the Content belong to the respective
third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights
not expressly granted by this Agreement or any applicable end-user license agreements are reserved by CFF.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, exclusive of its choice of law rules
and matters affecting copyrights, trademarks and patents under United States federal law.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Maryland and of
the United States of America located in the State of Maryland for any litigation or disputes arising out of or relating to use of the Site and not to commence any
litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation
in the Maryland Courts and agree not to plead or claim in any Maryland Court that such litigation brought therein has been brought in an inconvenient forum.
14. International Users
CFTR2, CFF and Johns Hopkins make no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the
Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
15. Severability
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect,
such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement.
16. Headings
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation
of this Agreement.
17. No Waiver
Any delay or failure by you or CFTR2, CFF, or Johns Hopkins, at any time or times, to require performance of any provision hereof shall in
no manner affect your right or the right of CFTR2, CFF, or Johns Hopkins at a later time to enforce such provision. No delay or failure of you or CFTR2, CFF, or
Johns Hopkins in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between CFTR2, CFF, and Johns Hopkins
and you pertaining to the subject matter hereof.
In their sole discretion, CFTR2, CFF, or Johns Hopkins may unilaterally amend or modify this Agreement or any other documents referenced
herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified
terms and conditions. If you have any questions about this Agreement, contact CFF at info@cff.org.
19. Assignment
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of CFTR2, CFF, and
Johns Hopkins. CFTR2, CFF, or Johns Hopkins may, at any time, assign their rights or delegate their obligations hereunder without notice to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement
shall have any right to enforce any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CFTR2, CFF, JOHNS HOPKINS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF CFF HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF
SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER
RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
22. Accurate Information
In consideration of your use of the Site, you agree to: (a) provide true, accurate, and current and complete information as prompted on
the Site; and (b) maintain and update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or CFTR2, CFF, or Johns Hopkins have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CFTR2,
CFF, or Johns Hopkins may suspend or terminate your use of the service and/or decline to permit your continued use of the Site and future access to the Site.
23. CFF's Policy Regarding Copyright Infringement and Designated Agent
CFF's policy regarding copyright infringement and CFF's designated agent for receipt of copyright infringement claims pursuant to the
Digital Millennium Copyright Act is incorporated herein and can be found at Copyright Policy.
24. Feedback
Should you respond to the Site by providing feedback, such as questions, requests, opinions, comments, suggestions, ideas, or the like,
such information shall be deemed to be the property of CFTR2, CFF or Johns Hopkins. CFTR2, CFF and Johns Hopkins shall have no obligation of any kind to the User with
respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation and without license. CFTR2, CFF,
and Johns Hopkins shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
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Permitted use available to clinicians, patients, and family members for clinical, research, and educational uses only. All other rights reserved.
@ Copyright 2011 US CF Foundation, Johns Hopkins University, The Hospital for Sick Children. |
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