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Researchusa.Org Terms of Use
 
Effective: May 17, 2010

Please carefully review these Terms of Use prior to using the researchusa.org website.



1. GENERAL TERMS & CONDITIONS

This User Agreement (“Agreement”) constitutes the agreement between the founding member(s), hereinafter referenced as “ResearchUSA,” and you as a user who accesses or establishes a connection (“User,” “You,” or “Your”) to the website known as researchusa.org (“Site”), which is owned and controlled by ResearchUSA.

You must agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Site and Your use of the Site constitutes Your agreement to abide by those provisions. You are solely responsible for Your use of the Site and for ensuring that Your use complies fully with the provisions of this Agreement.

ResearchUSA reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. You can review the most current version of the Terms of Use at http://www.researchusa.org/terms.php. Any changes to this Agreement will be effective immediately. Users with an existing user account will be notified of changes through email or through a notification on the Site upon logging in. Your use of the Site after any changes to this Agreement will be deemed Your acceptance of the changes. Please review the Terms of Use before using the Site.

ResearchUSA reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.

You acknowledge that You have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which You reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. You represent that You have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.



2. TERMINATION OF USE

IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

You may stop using the Site at any time. You do not need to specifically inform ResearchUSA when You stop using the Site, unless You wish to terminate your legal agreement with ResearchUSA, in which case, the provisions of Clause 15 shall apply.



3. DESCRIPTION OF SERVICES

Researchusa.org provides users with a variety of scholarly and educational content, including videos, images, articles, research data, and other content (“Content”). It also provides the opportunity for users to post Content and create relationships among related Content. Further, it provides users with a platform to maintain user accounts, search for other users, share information, and collaborate.



4. PRIVACY POLICY

ResearchUSA’s collection and use of personally identifiable information is governed by the current Privacy Policy, which is posted here, hereby incorporated as part of these Terms of Use.



5. WEBSITE USE

ResearchUSA grants You a limited, revocable, nonexclusive, and non-commercial license to use researchusa.org solely for your individual use and not for replication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree not to copy, reverse engineer any material or Content on the Site, unlawfully access the Site, or use Site materials or Content for any commercial purpose.

Intended Audience – The Site is not for the use of anyone under the age of 17. By using this Site, You represent and warrant that You are at least 17 years of age.



6. OWNERSHIP

Researchusa.org is and shall continue to be the property of ResearchUSA and is protected under all applicable copyright, patent, trademark, and other proprietary rights. Any copying, reproduction, use or publication of any ResearchUSA material, Content, or any part of the Site is strictly prohibited. Under no circumstances will You acquire any ownership rights, license, or any other interest in any materials or Content by or through Your use of the Site.

Some materials or Content on the Site may be made available pursuant to third-party licenses or open source licenses. In these cases, those third-party licenses or open source licenses apply.



7. USER CONDUCT

You may use the Site to access public materials and Content available on the Site. You may create a User Account and post, upload or otherwise provide materials or Content to the Site in compliance with this Terms of Use.
You agree to not use the Site to:


a) Upload, post, link to, distribute, email, make available, or otherwise disseminate content that is illegal, inappropriate, infringing of copyrights, prohibited by the Site, or content that You do not have the legal right to distribute;
b) Defame or personally attack any person or entity;
c) Impersonate any individual or entity;
d) Interfere with or disrupt the Site or ResearchUSA’s servers, or network; or
e) Provide support or resources to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Prohibited content includes, but is not limited to:
a) Abusive, violent, or harmful content;
b) Defamatory content;
c) Pornographic or obscene content; or
d) Content depicting minors.



8. USER ACCOUNT

ResearchUSA allows You to create and maintain a User Account. The User Account is accessed through a login and password. The User Account is tied to data (“User Account Data”) that You provide and relates to You personally. User Account Data includes all personal information contained in Your user profile on the Site, including Your name, email address, affiliation, image, educational background, narratives about yourself, employment, phone number, and any other personal information that you provide. You agree to provide truthful and accurate information in conjunction with Your User Account. The information that you provide can be located by other users and is governed by ResearchUSA’s Privacy Policy.

You may close Your User Account at any time by notifying ResearchUSA in writing or through the means provided by ResearchUSA in Clause 22. You may request that Your User Account Data be removed from the ResearchUSA system upon closing Your User Account. It may take up to 30 days from the date of request for Your User Account Data to be removed from the ResearchUSA system.



9. USER-CONTRIBUTED CONTENT

ResearchUSA allows You to provide content (“User-Contributed Content”) to the Site. User-Contributed Content includes, but is not limited to, uploaded files, linked files, textual content, and any other information You provide to the Site that is not User Account Data.

While ResearchUSA does not screen User-Contributed Content, ResearchUSA reserves the right to remove any User-Contributed Content at any time for any reason or for no reason.

ResearchUSA does not wish to receive confidential or proprietary information from You in connection with Your use of this Site. Anything that You upload, post, or provide to this Site is considered non-confidential and non-proprietary. For all User-Contributed Content, You guarantee to ResearchUSA that You have the legal right to provide the User-Contributed Content and that its use on the Site does not violate any law or the rights of any person or entity. You give ResearchUSA the royalty-free, revocable, worldwide right to use, distribute, display and create derivative works from the User-Contributed Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to You for advertisement and publicity of ResearchUSA.

You may request removal of User-Contributed Content from the Site by giving written notice to ResearchUSA through the means provided by ResearchUSA in Clause 22.



10. PASSWORD SECURITY

If You register a User Account, You are responsible for maintaining the confidentiality of Your user login and password, and for restricting access to Your User Account. You agree to accept responsibility for all activity under Your User Account.



11. DIGITAL MILLENNIUM COPYRIGHT ACT

If You are a copyright owner and believe that content on the Site infringes Your copyright, You may notify ResearchUSA in writing to the designated agent of Research USA pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)). Your notification must include substantially the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ResearchUSA to locate the material.
iv. Information reasonably sufficient to permit ResearchUSA to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright owner may be contacted.
v. A statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such notice should be sent to ResearchUSA’s designated agent at the following email address: dmca@researchusa.org

Upon receipt of such notice, ResearchUSA will take down the content in question and attempt to contact the user who posted the content in question. Please note that pursuant to Section 512(f), any person who knowingly materially misrepresents that content is infringing may be subject to liability.

Additionally, ResearchUSA may provide the means to report infringing content directly through a form or link on its Site. These are provided for the convenience of users and do not necessarily comply with the Digital Millennium Copyright Act. As a result, ResearchUSA cannot guarantee a proper response to the infringement notification using these additional methods.



12. LINKS TO OTHER WEBSITES

Links on the Site to third party websites or information are provided solely as a convenience to You. If You use these links, You will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ResearchUSA of the third party, the third-party web site, or the information contained therein. ResearchUSA is not responsible for the availability of any such websites. ResearchUSA is not responsible or liable for any such website or the content thereon. If You use the links to the websites, You will be subject to the terms of use and privacy policy applicable to those websites.



13. THIRD PARTY INFORMATION

References to any third party names, marks, products, services, or websites have been provided solely for Your convenience and do not in any way constitute or imply endorsement, sponsorship, or recommendation of any third party information, products, or services by ResearchUSA.



14. INTELLECTUAL PROPERTY

All content, copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by ResearchUSA or any third party mentioned on the Site are rights protected by U.S. and International laws. ResearchUSA expressly reserves all intellectual property rights in all text, programs, products, processes, technology which appear on researchusa.org. ResearchUSA claims no intellectual property rights over user generated and user uploaded content. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of ResearchUSA’s or any third party’s intellectual property rights. ResearchUSA does not endorse Content or information contained on third party websites or information or Content provided by third parties.



15. TERMINATION OF AGREEMENT

This legal Agreement can be terminated by either You or ResearchUSA. If You wish to terminate Your legal Agreement, You may do so by giving notice to ResearchUSA and closing Your user account. ResearchUSA may terminate this Agreement and Your use of the Site at any time without notice.



16. WARRANTIES

The information and Content presented on researchusa.org, such as text, graphics, images, video, information obtained from third parties, and any other material on the Site are for informational purposes only. ResearchUSA does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. ResearchUSA does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. ResearchUSA may make changes to the features, functionality or content of the Site at any time. ResearchUSA reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER RESEARCHUSA, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.

THE SITE AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RESEARCHUSA (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RESEARCH USA (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.



17. LIMITATION OF LIABILITY

IN NO EVENT WILL RESEARCHUSA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF RESEARCHUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, RESEARCHUSA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.



18. INDEMNIFICATION

You agree to defend, indemnify and hold harmless ResearchUSA (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of Your use of the Site or Your breach of any provision of this Agreement. ResearchUSA reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You agree to cooperate as fully as reasonably required in the defense of any claim.



19. SEVERABILITY

If any provision of these Terms of Use is held to be unenforceable or invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.



20. APPLICABLE LAW

By accessing the Site You agree that the statutes and laws of the United States and the state of Maryland without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and You agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Maryland.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.



21. MISCELLANEOUS

This Agreement shall govern only Your relationship with ResearchUSA, (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) to the exclusion of any relationship which you may enter into incidentally with any other person or company as a result of, or through your use of the Site.

No failure to exercise, nor any delay in exercising, on the part of ResearchUSA, any right or remedy under this Agreement or under any applicable law, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or future exercise thereof or the exercise of any other right or remedy. The rights and remedies of ResearchUSA provided for by this Agreement are cumulative and not exclusive of any rights or remedies provided by law.



22. CONTACT

If You have any questions regarding these Terms of Use, please contact: support@researchusa.org.
All written notices referenced herein shall be addressed to support@researchusas.org unless otherwise specified.