AGREEMENT
BETWEEN USER AND CORHIO PORTAL
The CORHIO Portal Web Site is comprised of
various Web pages operated by CORHIO Portal.
The CORHIO Portal Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of the CORHIO Portal Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
CORHIO Portal reserves the right to change the terms, conditions,
and notices under which the CORHIO Portal Web Site is offered, including
but not limited to the charges associated with the use of the CORHIO
Portal Web Site.
LINKS TO THIRD PARTY SITES
The CORHIO Portal Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control
of CORHIO Portal and CORHIO 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. CORHIO
Portal is not responsible for webcasting or any other form of transmission
received from any Linked Site. CORHIO Portal is providing these links
to you only as a convenience, and the inclusion of any link does not
imply endorsement by CORHIO Portal of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CORHIO Portal Web Site, you warrant
to CORHIO Portal that you will not use the CORHIO Portal Web Site for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the CORHIO Portal Web Site in any manner
which could damage, disable, overburden, or impair the CORHIO Portal
Web Site or interfere with any other party's use and enjoyment of the
CORHIO Portal Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
or provided for through the CORHIO Portal Web Sites.
USE OF COMMUNICATION SERVICES
The CORHIO Portal Web Site 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 public 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.
CORHIO Portal has no obligation to monitor the Communication Services.
However, CORHIO Portal reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
CORHIO 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.
CORHIO 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 CORHIO Portal's sole
discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. CORHIO
Portal does not control or endorse the content, messages or information
found in any Communication Service and, therefore, CORHIO 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 are not authorized CORHIO Portal spokespersons, and
their views do not necessarily reflect those of CORHIO 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 CORHIO PORTAL OR POSTED AT ANY CORHIO PORTAL
WEB SITE
CORHIO Portal does not claim ownership of the materials you provide
to CORHIO Portal (including feedback and suggestions) or post, upload,
input or submit to any CORHIO Portal Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
CORHIO Portal, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. CORHIO Portal is under no obligation to post or
use any Submission you may provide and may remove any Submission at
any time in CORHIO Portal's sole discretion.
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 CORHIO PORTAL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CORHIO
PORTAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE CORHIO PORTAL WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CORHIO
PORTAL WEB SITE 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.
CORHIO 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 CORHIO PORTAL WEB SITE 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. CORHIO 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
CORHIO 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 CORHIO PORTAL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
CORHIO PORTAL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE CORHIO PORTAL WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE CORHIO PORTAL WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF CORHIO 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 CORHIO PORTAL WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE CORHIO PORTAL WEB SITE.
SERVICE CONTACT: Matthew.Madison@UCHSC.edu
TERMINATION/ACCESS RESTRICTION
CORHIO Portal reserves the right, in its sole discretion, to terminate
your access to the CORHIO Portal Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the CORHIO
Portal Web Site. Use of the CORHIO Portal Web Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and CORHIO Portal as a result of this agreement or
use of the CORHIO Portal Web Site. CORHIO Portal's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of CORHIO Portal's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the CORHIO Portal Web Site or information provided
to or gathered by CORHIO Portal with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between
the user and CORHIO Portal with respect to the CORHIO Portal Web Site
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and CORHIO Portal
with respect to the CORHIO Portal Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the CORHIO Portal Web Site are: Copyright 2007 by
CORHIO and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law
should be sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.