BIOMECHANICS CONSULTING AND RESEARCH, LC’S INTERNET SITE TERMS AND CONDITIONS

Updated: December 13, 2017

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.

  1. Terms of Use

By using the Site (as herein defined), you agree to these terms and conditions as well as the contents of the Privacy Policy, Citation Policy and License, which are all incorporated herein by reference.

Biomechanics Consulting and Research, LC (“we”, “us”, or “Biocore”) may modify these Terms and Conditions from time to time and without notice. Your continued access or use of www.biocorellc.com (collectively, the “Site”) constitutes your acceptance of any such changes. If you do not agree to the terms set forth below, do not use the Site.

Your access and use of the Site is subject to your compliance with these Terms.  We also provide as a public courtesy the software, models, and other data downloaded, accessed, or otherwise used by Licensee on and within the Site, including but not limited to all finite element models (collectively the “Content”) subject to your compliance with these Terms and your agreement to the terms of the License which sets forth the terms on which you may use the Content. We may change, suspend, discontinue, or remove any part of the Site at any time, without prior notice, including the availability of any Site feature, services or Content.  If you violate any of these Terms, the Citation Policy, or the License or circumvent (or attempt to circumvent) any security or technological measures on the Site, your right to use the Site and Content automatically terminates.

  1. Restrictions on Use of Content

Without limiting the specific Terms below, your use of the Site and the Content is subject to the following restrictions:

For the avoidance of doubt, you acknowledge and agree that you have no right modify, create derivative works, or otherwise use for any purpose any other materials, data, works, or other information on the Site besides the Content.

If you have any questions about these Terms, or to request written permission to use the Content outside of these Terms, please email tech@biocorellc.com.

  1. Privacy Policy

The Privacy Policy describes how information is collected from you or about you and how this information is used or disclosed. By using the Site, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.  Your failure to comply with any terms of the Privacy Policy to which you are subject shall result in automatic termination of your right to access and use the Site and the Content.

  1. Citation Policy

While we encourage you to use the Content for your research or other noncommercial purposes in accordance with these Terms and the License, the Content must be afforded proper citation. If you cite or display any Content, or reference Biocore in any format, written or otherwise, including print or web publications, presentations, grant applications, websites, other online applications such as blogs, or other works, use the proper citation in our Citation Policy.  Your failure to comply with any terms of the Citation Policy shall result in automatic termination of your right to access and use the Site and the Content.

  1. Content

Unless otherwise stated, we own or have the necessary authorization to the Content. The Content and the selection and arrangement of the Content and other materials on the Site are protected by United States and international copyright, trademark and other laws. Nothing in these Terms transfers to you any right, title or interest in any Content or other materials on the Site, including any intellectual property or content of third-party websites included on the Site.

  1. License

Your use of the Content is subject to these Terms as well as the License. Your failure to comply with any terms of the License shall result in automatic termination of your right to access and use the Content and the Site generally.

Except to the extent allowed in the License, you may not redistribute the Content or Improvements for commercial purposes without our written permission. Because we encourage use of the Content for research and academic publication, however, you may, without obtaining further license or permission, publish a limited set of the Content in a scholarly journal, textbook or other professional, academic or journalistic publication (with appropriate citation per the Citation Policy) and still be in compliance with these Terms.

You may not post Content on social media or other third-party websites that require you to acknowledge that you own the Content you post (e.g., YouTube, Flickr and Twitter). You agree that you will not use the Site in any manner that would violate anyone else’s rights, including copyright, trademark, patent, privacy or other rights. This includes removing any copyright, trademark or other proprietary notices from the Content. You may not create hyperlinks to the Site that portray Biocore in a false or misleading light. You agree that you will only make lawful use of the Site in compliance with all federal, state, and local laws and regulations.

  1. Freedom to Innovate and Rights to Improvements

You may, and are encouraged to, develop new methods, applications, interfaces or other inventions or works that improve the use of, and build upon, the Content (collectively, “Improvements”). In order to make the Content available to you and others, however, we must preserve our freedom to innovate. As may be more particularly set forth in the License, you agree that (a) if you develop an Improvement based on or utilizing the Content, and you obtain any proprietary rights in or to that Improvement, you, on behalf of yourself and your successors or assigns, agree that you will not assert any claim, including any claim of infringement, against Biocore for our use of any Improvement and (b) we retain our right, title and interest in any Content that is part of or is used by you to create an Improvement.

  1. Trademarks

Unless otherwise specified in the Citation Policy, use of any of our trademarks is subject to the prior written permission of Biocore. All trademarks, service marks, and trade names on the Site are owned by Biocore or, if not owned by Biocore, are the property of their respective owners, and may not be used in connection with your use of the Content or in any manner that is likely to cause confusion or that may disparage or discredit the trademark owner. If you are an owner of a trademark that appears on our Site and believe your trademark is used in error, please contact us at tech@biocorellc.com.

  1. Third-Parties

The Site may contain links to third-party websites and contact information of third party businesses, educational institutions, and individuals who may have expertise regarding content and materials in the same or similar field as the Content. The links to third-party websites and third-party contact information are all provided solely as a convenience to you. We are not responsible for the content found on any linked third-party website and do not endorse any third-party website or any of the third-party businesses, educational institutions, or individuals or their respective goods or services. If you choose to use a third-party website, you will be subject to the terms and conditions of use that apply to such third-party website.  Similarly, if you choose to contact a third-party business, educational institution, or individual, you do so at your own risk and we do not advocate or endorse the expertise of any such third party and expressly disclaim any liability or damage you may incur regarding any such third party.

  1. Disclaimer

THE CONTENT AND ANY OTHER MATERIALS, INFORMATION, OR SERVICES ON THE SITE COULD INCLUDE INACCURACIES OR ERRORS. BIOCORE MAY MAKE CHANGES (INCLUDING REMOVAL OF CONTENT, MATERIALS, INFORMATION, OR SERVICES) OR IMPROVEMENTS AT ANY TIME. THE CONTENT, MATERIALS, AND INFORMATION ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BIOCORE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BIOCORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE CONTINUING, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIOCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT, MATERIALS, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION TO THE DISCLAIMERS SET FORTH IN SECTION 9 ABOVE, BIOCORE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE CONTENT, MATERIALS, AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, MODELS, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY BIOCORE AT ANY TIME AND WITHOUT PRIOR NOTICE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE CONTENT.

  1. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY FOR ANY USE OF ANY SERVICES, DATA, MATERIALS, INFORMATION, AND ANY OTHER CONTENT OFFERED ON OR THROUGH THE SITE. IN NO EVENT SHALL BIOCORE, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, REPRESENTATIVES, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SITE OR THE CONTENT (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF THE USE OF, THE INABILITY TO USE, OR ERRORS, OMISSIONS, INTERRUPTIONS OTHER INACCURACIES IN, THE SITE OR THE CONTENT, OR DAMAGE OR INJURY TO PERSON OR PROPERTY, EVEN IF THERE IS NEGLIGENCE OR ON THE PART OF A RELEASED PARTY OR IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL A RELEASED PARTY BE LIABLE FOR ANY CLAIMS ARISING OUT OF THE USE OF THE SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or any violation of any of the Terms or the License.

  1. Governing Law; Exclusive Venue

These Terms are governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles.  You expressly agree that exclusive jurisdiction for any dispute with Biocore, or in any way relating to your use of the Site or these Terms, lies in the courts of the Commonwealth of Virginia located in Charlottesville, Virginia, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Biocore.

 

  1. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The failure of Biocore to enforce any rights under these Terms or to take any action against you in the event of any breach of these Terms shall not be deemed a waiver by Biocore as to subsequent enforcement of its rights in the event of a future breach. The Terms, along with the Privacy Policy, Citation Policy, and License, are the entire agreement between you and Biocore relating to the Site or the Content. Any other agreements between you and Biocore regarding the subject matter hereof are superseded and have no force or effect. All rights not expressly granted herein are reserved.

  1. Termination

Biocore may terminate or suspend your right to use the Site, any services provided on the Site, and/or the License to use the Content, at any time. Your rights shall terminate immediately and automatically if you should breach any of these Terms or the License. You agree that the following actions, among others, shall constitute a breach of these Terms:

  1. Using the Site for any purpose in violation of local, state, national, or international laws;
  2. Using material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Using material in a manner that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Biocore in its sole discretion;
  4. Distributing viruses or other harmful computer code;
  5. Taking any action that interferes or may in, in Biocore’s judgment interfere, with the use or functionality of the Site;
  6. Engaging in any conduct that restricts or inhibits any person from using or enjoying the Site, or which, in the judgment of Biocore, exposes Biocore to any liability or detriment of any type.
  7. Any other action that, in Biocore’s sole discretion, is inconsistent with the terms or spirit of these Terms, the Privacy Policy, the Citation Policy, the License, or Biocore’s business.

In addition, Biocore shall have the right, but not the obligation, to suspend or terminate your use and access to the Site and the Content at any time in the event Biocore has any reason to believe, in its sole discretion, that your account is being misused or that your account information may be compromised. Termination shall not relieve you of your obligations under these Terms.  You agree that monetary damages may be an insufficient remedy and that Biocore may also seek injunctive or other relief for a violation or threatened violation of these Terms or the License.