Terms and Conditions of Use
Welcome to our website. This website (the "CB Site") is made available by Cambridge BioMarketing Group, LLC ("CB," "we," or "us"). Please read these terms and conditions carefully before using the CB Site. If you continue to browse and use the CB Site you are agreeing to comply with and be bound by these terms and conditions. If you do not agree with any of these terms and conditions, please do not use the CB Site. You understand and agree that we may change these terms and conditions at any time without prior notice. You may read a current, effective copy of the terms and conditions at any time by selecting the "Terms and Conditions of Use" link on the CB Site. The revised terms and conditions will become effective at the time of posting. Any use of the CB Site after such date will constitute your acceptance of the revised terms and conditions.
1. Proprietary Rights and License
The CB Site contains material that is owned or licensed by CB and is protected by United States and foreign intellectual property laws. Subject to the license below, all these intellectual property rights are reserved, and your use of the CB Site and its content gives you no rights in or to the content.
You may view, download for caching purposes only, and print pages from the CB Site for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these terms of use. You must retain all copyright and other proprietary notices contained in the original content on any copy you make. You may not reproduce, upload, post, transmit, download, modify, or distribute the contents of the CB Site or its contents or information on sites accessible through links on the CB Site.
This license will automatically terminate if you violate any of these restrictions and may be terminated by CB at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
All trademarks, logos, service marks, and trade names displayed on the CB Site or on content available through the CB Site that are not owned by CB are the property of their respective owners.
2. Public Forums
The CB Site may, from time to time, include sections containing public forums such as bulletin boards, message boards, blogs, or similar services that provide you the opportunity to exchange ideas and information. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute, or otherwise publish through the CB Site or any service or feature made available on or through the CB Site, any materials that may be illegal or unlawful, may infringe any third party's legal rights, or are capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). By posting or submitting materials to the CB Site, you represent that you have all necessary rights in and to such materials; that such materials will not infringe on any personal or proprietary rights of any third parties; that such materials will not contain defamatory, indecent, or otherwise unlawful content; and that such materials will not contain any viruses or other destructive features.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the CB Site and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to our public forums.
We are not responsible for any materials posted by others on the CB Site, which may not reflect our views and opinions. Although we have no obligation to screen, edit, or review any posted materials, we reserve the right to monitor posts and remove any that we consider, in our sole discretion, to be in breach of these terms and conditions, and to deny access to anyone who violates these terms and conditions. CB EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THE CB SITE OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE OF THE CB SITE.
By posting materials to the CB Site or any service offered on it, you are granting CB a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit, and copy such materials on or via our website and any other existing or future media.
3. Links to Other Sites
Links to other websites may appear from time to time on the CB Site, to offer additional resources on related subjects, but we have not reviewed all of these linked sites and are not responsible for the contents or accuracy of any such linked site. These links are provided as a convenience to you and do not imply our endorsement of the site. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any linked sites, you do so at your own risk.
4. Personal Information
In the course of your use of the CB Site and/or the services made available on or through the CB Site, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of personal information that you provide are set forth in the CB Site's Privacy Policy, which is incorporated into these terms and conditions. You acknowledge and agree that you are solely responsible for the accuracy and content of all information that you provide to us.
5. Disclaimer and Limitation of Liability
CB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CB SITE OR ITS CONTENTS (INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE CB SITE. FURTHER, CB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS ON THE CB SITE OR ON ANY SITES LINKED TO THE CB SITE, OR THAT THE SERVICES PROVIDED BY THE CB SITE WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE CB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CB, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CB SITE, BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA, OR DUE TO BUSINESS INTERRUPTION, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OR INABILITY TO USE THE CB SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO IT, EVEN IF CB OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL CB OR THE OTHER INDIVIDUALS AND ENTITIES IDENTIFIED ABOVE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE CB SITE. IN NO EVENT WILL CB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE CB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CB SITE. Any action on any claim against CB must be brought within one year following the date the claim first accrued, or it will be deemed waived.
6. Indemnification
You agree to defend, indemnify and hold CB and its affiliates, directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including attorneys' fees, arising in any way from your use of the CB Site, your placement or transmission of any message, content, information, software, or other materials on or through the CB Site, or your breach or violation of the law or of these terms and conditions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent.
7. Compliance with Local Laws
The CB Site is controlled and operated by CB in the United States and is intended for use within the United States. CB makes no representation that materials on the CB Site are appropriate or available for use in other locations. Those who choose to access the CB Site from other locations do so on their own initiative and are responsible for compliance with local laws.
8. Miscellaneous
Any claim relating to the CB Site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions of Use shall be filed only in the state or federal courts located in Massachusetts. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.
These terms and conditions were revised September 8, 2009.
Digital Millennium Copyright Act Compliance
If you believe that any materials posted on the CB Site by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:
Designated Agent
Cambridge BioMarketing Group, LLC
245 First Street, 12th Floor
Cambridge, MA 02142
Phone: 617.225.0001
Facsimile: 617.225.0988
E-mail: info@cambridgebmg.com
Your notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
- Identification of the allegedly infringing material on the CB Site, and information reasonably sufficient to permit us to locate such material on the CB Site;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
- A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.