TERMS AND CONDITIONS OF USE

Welcome to our website. This site is comprised of various web pages operated by Arbor Research Collaborative for Health (“Arbor Research”) . By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term of Use specifies the Terms and Conditions for access to and use of the Arbor Research Collaborative for Health website (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Terms of Use may be modified at any time by Arbor Research upon posting of the modified Terms of Use. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at Terms of use – Arbor Research. Each use by you shall constitute and be deemed your unconditional acceptance of this Terms of Use.

2. Privacy. Your visit to our site is also governed by our Privacy Statement. Please review our Privacy Statement at Privacy statement – Arbor Research.

3. Ownership. All content included on this site is and shall continue to be the property of Arbor Research or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. Arbor Research does not claim ownership of the materials you provide to Arbor Research (including feedback and suggestions) or post, upload, input or submit to any Arbor Research website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Arbor Research, 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. Arbor Research is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Arbor Research’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.

4. Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 13.

5. Links to External Websites. This Site may contain links to other websites. Arbor Research does not control and is not responsible for content, terms of use or privacy policies of these external websites. Visiting these external websites may result in collection of information about you, your electronic devices and other information. This Site is providing these links as a convenience and inclusion of these external links does not imply endorsement by Arbor Research or any association with its operators.

6. Communication Services. This Site may contain bulletin board services, chat areas, news groups, forums or communication facilities designed to enable you to communicate with the public or with a group (“Communication Services”). You agree to use Communication Services only to post, send or receive messages and material that are proper and related to the particular Communication Services and to abide by the additional terms of use posted on the web page containing the Communication Services. 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.

Arbor Research has no obligation to monitor the Communication Services. However, Arbor Research reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Arbor Research reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever .Arbor Research 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 Arbor Research’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Arbor Research does not control or endorse the content, messages or information found in any Communication Service and, therefore, Arbor Research 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 Arbor Research spokespersons, and their views do not necessarily reflect those of Arbor Research.

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.

7. Arbor Research Collaborative for Health®, DOPPS®, DOPPS DIALYSIS OUTCOMES AND PRACTICE PATTERNS STUDY ® and others are either trademarks or registered trademarks of Arbor Research Collaborative for Health. Other product and company names mentioned on this Site may be trademarks of their respective owners.

8. Site Use. Arbor Research grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Arbor Research and Arbor Research may terminate your use of this Site at any time.

9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you on this Site is truthful and accurate to the best of your knowledge.

10. Indemnification. You agree to indemnify, defend and hold Arbor Research Collaborative for Health and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Terms of Use or use of the Site.

11. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ARBOR RESEARCH COLLABORATIVE FOR HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ARBOR RESEARCH COLLABORATIVE FOR HEALTH BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Terms of Use that directly conflict with such laws may not apply to you.

13. Use of Information. Arbor Research reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Statement.

14. Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to Arbor Research:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement on the Site can be addressed as follows:

By Mail: General Counsel, 3989 Research Park Dr., Ann Arbor, MI 48108

By Phone: (734) 665-4108 Ext. 9970

By E-mail: Contracts@arborresearch.org

ALL INQUIRIES NOT RELEVANT TO THE ABOVE WILL RECIEVE NO RESPONSE.

15. Applicable Law. You agree that the laws of the state of Michigan, U.S.A., without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Arbor Research or its affiliates. You consent to the exclusive jurisdiction and venue of the courts in Washtenaw County, Michigan U.S.A. in all disputes arising out of or related to the sue of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms of Use, including, without limitation, this paragraph. A printed version of this Terms of Use, and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to this Terms of Use and your use of the Site.

16. Severability. If any provision of this Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use will otherwise remain in full force and effect.

17. Waiver. The failure of Arbor Research to exercise or enforce any right or provision of this Terms of Use shall not operate as a waiver of such right or provision. Any waiver of this Terms of Use by Arbor Research must be in writing and signed by an authorized representative of Arbor Research.

18. Termination. Arbor Research may terminate this Terms of Use at any time, with or without notice, for any reason.

19. Relationship of the Parties. Nothing contained in this Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. The parties agree to have this Terms of Use and all related documents be written in English.

20. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Arbor Research and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Arbor Research with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Statement), guidelines, or rules that may apply when you use the Site. Arbor Research may revise this Terms of Use at any time by updating this Terms of Use and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

21. Contact Information.

Arbor Research Collaborative for Health

3989 Research Park Drive, Ann Arbor, MI 48108

(734) 665-4108

Privacy@arborresearch.org

© 2023 Arbor Research Collaborative for Health.  All rights reserved.