Welcome to Our Website. Please read the following terms and conditions carefully before using this website. By accessing and using this website, you are indicating that you have read, understood and agree to be bound by the following terms and conditions. We may change these terms and conditions from time to time at our sole discretion and without notice. Your continued access after any change constitutes acceptance of the amended provisions, and the terms in place at the time of access apply. If you do not agree with the terms and conditions, you may not access or use our website. These terms and conditions apply to all visits to our website.
Limited License. Information and materials on our website may be protected by copyright and other laws protecting intellectual property or proprietary rights, and those proprietary rights may belong to us or to third parties. We authorize you to access, view and copy information and materials on the public portions of our website for non-commercial, personal and informational use, and, with appropriate attribution, to search or link to the public portions of our website. Any copy of this material or information you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized. This permission terminates automatically and without notice if you breach any of these terms and conditions. Except as expressly provided above, nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of ours or any third party. Except as expressly provided above, no portion of the information on our website may be reproduced in any form, or by any means, without our prior written permission. Acadaware assumes no responsibility or liability for the information or materials or other content we provide, including any revisions, changes or modifications thereto, or distribution to and interpretation of the information or materials by you or your recipients. Unauthorized use of any information or materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.
Compliance with Applicable Laws. User access to our website is governed by all applicable federal, state and local laws. If the laws of your jurisdiction do not permit access, then you must refrain from doing so.
Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on our website, whether or not appearing with the trademark symbol, are the property of Acadaware or of third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third party that owns the Mark.
Patent Considerations. The user of Acadaware products is solely responsible for all patent considerations in the use of our products. The purchase and/or use of any Acadaware products or services does not grant a license or permission to work under, or to infringe, any patent(s).
Privacy. If you submit any information (including personal information) at this website, such information will be subject to the Acadaware privacy policy. You are solely responsible for the content of any information sent to Acadaware, including, without limitation, its accuracy, truthfulness and non-infringement of any other person’s legal rights.
Disclaimers. Although we have attempted to provide accurate information and materials on our website, we assume no responsibility and make no warranties regarding for the accuracy, completeness, availability, or timeliness of that information and those materials. In particular, we may not update our website on a regular basis, and the information and materials contained on our website may be out of date or include omissions or other errors. We may make additions, deletions and modifications to the information provided on our website at any time without notice. THE ACADAWARE WEBSITE AND ALL INFORMATION AND MATERIALS PROVIDED ON THAT WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ACADAWARE, ITS AFFILIATES AND COLLABORATORS DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE USE OF REASONABLE SKILLS AND CARE, AND NON-INFRINGEMENT.
The use of the word “collaborator,” “partner,” “collaboration” or “partnership” does not mean a legal partner or legal partnership.
Limitation of Liability; Indemnification. YOUR USE AND ACCESS OF THE WEBSITE IS AT YOUR OWN RISK. ACADAWARE, ITS AFFILIATES AND COLLABORATORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM USE OF OUR WEBSITE OR THE MATERIALS, INFORMATION OR LINKS TO OTHER WEBSITES OR INFORMATION OF THIRD PARTIES CONTAINED IN IT, EVEN IF BIOBLOCKS, ITS AFFILIATES AND COLLABORATORS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD ACADAWARE, ITS AFFILIATES AND COLLABORATORS HARMLESS FROM AND NOT TO SUE SUCH PERSONS FOR ANY CLAIMS FOR ANY LOSSES, DAMAGES, EXPENSES AND COSTS, INCLUDING ATTORNEY’S FEES, BASED UPON OR RELATED TO THE USE OF OUR WEBSITE, THE MATERIALS AND INFORMATION ON OUR WEBSITE, OR ANY WEBSITES LINKED FROM OUR WEBSITE. Some jurisdictions do not allow the exclusion or limitation of such damages, so the above limitation or exclusion may not apply to you.
Links to Other Websites. Our website may contain information and materials from third parties and links to websites owned and/or controlled by other parties over whom we have no control. Access to any other website is at your own risk and we are not responsible for the functionality of these websites or for the accuracy or reliability of any information accessible from these websites. We provide these links merely as a convenience, and the links are not an endorsement. It is also up to you to take precautions to ensure that whatever websites you access are free of viruses and other items of a destructive nature.
Mention of the products or services of third parties is for information purposes only and is neither an endorsement nor a recommendation.
Governing Law and Jurisdiction. We reserve our right to any remedy available at law or equity in the event of your breach of these terms of use. All matters based on, arising out of, or relating to your access to, or use of, our website shall be governed by U.S. federal law or by the laws of the State of Ohio, without reference to conflict of laws principles. Any legal action or proceeding relating to your access to, or use of, our website shall be instituted in a state court in Summit County, Ohio or the U.S. District Court for Ohio. You and Acadaware agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.
Severability. If any provision of these terms of use should be held invalid, illegal or unenforceable in any jurisdiction, all other provisions shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to carry out the intentions of the Parties hereto as nearly as may be possible. Such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.
