The Morgridge Institute for Research, Inc. (“MIR”), a private not-for-profit research organization, operates this website (this “Site”) to provide online access to information about MIR and the programs, services, and opportunities it conducts and provides (the “Services”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site, and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”
MIR reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. You accept sole responsibility for familiarizing yourself with, and abiding by, this Agreement and any such updates.
1. Use of Site
You may use the Services, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for non-commercial, non-public, personal use only, and/or to learn about MIR and the Services. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by MIR. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. MIR reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, manipulate, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Services.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to MIR or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by MIR or other copyright owners who have authorized their use on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Websites
This Site may contain links to third party websites or information, which links are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by MIR of the third party, the third-party website, or the information contained therein. MIR is not responsible for the availability of any such websites. MIR is not responsible or liable for any such website or the content thereon.
5. Linking to this Site
Unless specifically authorized by MIR, you may not connect “deep links” to the Site (i.e., create links to this Site that bypass the home page or other parts of the Site). You may not mirror or frame the home page or any other pages of this Site on any other website or web page.
6. Modifications to Site, Services and Content
MIR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Services, or the Content (or any part thereof) with or without notice. You agree that MIR shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
7. Refusal of Service and Termination
MIR reserves the right to refuse access to any person or entity for any reason or no reason. You agree that MIR may, in its sole discretion and without prior notice, immediately terminate your access to the Site, the Services or the Content. You agree that all terminations shall be made in MIR’s sole discretion and that MIR shall not be liable to you or any third party for any termination of your access.
8. Submission of Information
You acknowledge that unauthorized individuals may intercept information sent by you to MIR over the Internet. You acknowledge and accept this risk. You are responsible for all information you send to the Site.
9. Downloading Files
MIR cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
10. Software
Any software available for download via the Site is the copyrighted work of MIR and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
11. Disclaimer of Warranties
MIR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT. MIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE CONTENT, AND ANY SERVICES FURNISHED OR TO BE FURNISHED VIA THE SITE. MIR DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. MIR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, THE SERVICES, AND THE CONTENT, INCLUDING ANY RELIANCE AS TO ACCURACY, COMPLETENESS, OR USEFULNESS.
12. Limitation of Liability
IN NO EVENT WILL MIR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, (B) ANY TRANSACTION OR CORRESPONDENCE CONDUCTED THROUGH OR FACILITATED BY THE SITE, (C) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (E) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT, REGAREDLESS OF THE FORESEEABILITY OF SUCH DAMAGES AND EVEN IF MIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THIS AGREEMENT, 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, MIR’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $25.00
13. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless MIR, its affiliates, partners, licensors, employees, agents, and any third-party information providers to the Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, or any violation by you of this Agreement.
14. Privacy
MIR’S Privacy Policy relating to the Site can be found at:
http://discovery.wisc.edu/home/morgridge/giving/privacy-policy/
15. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
16. User Supplied Information
MIR does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to MIR or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (A) you guarantee to MIR that you have the legal right to make the Submission and that it will not violate any law or the rights of any person or entity, and (B) you give MIR the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
17. General Provisions
a. Entire Agreement/No Waiver. The Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by MIR of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MIR therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MIR does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, MIR’s Privacy Policy, your use of the Site, any other MIR website, the Services, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Wisconsin, without regard to any conflict of laws provisions. You agree that any cause of action or any dispute must be brought exclusively in the State or Federal courts located in Dane County in the State of Wisconsin. Nothing in this paragraph is intended to waive any definition of immunity that MIR may have.