(Last Update: July 28, 2015)
General Disclaimer, Limitation of Liability, & Indemnity
THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE INTENDED TO BE A GENERAL INFORMATION RESOURCE AND PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS. BATTELLE MEMORIAL INSTITUTE, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS “BATTELLE”) DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN REGARD TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT OR PROCESS (HEREINAFTER COLLECTIVELY REFERRED TO AS “INFORMATION”) DISCLOSED ON OR AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
BATTELLE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATTELLE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE LIABLE TO ANY USER OR ANYONE ELSE FOR LOSSES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY ACCESS TO, USE OF, ATTEMPTED USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE, EVEN IF BATTELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
You agree to indemnify, defend and hold Battelle harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.
This system is monitored to assure proper operation, to verify the functioning of applicable security features, and for other business-related purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features of this system or to use this system or the Information contained on or available through this system in an unlawful or inappropriate manner may result in civil liability and/or criminal prosecution.
As long as you agree and comply with the terms of this Agreement, you may view and/or print the content of this Website. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the content. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. Also, you agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it. Use of the Website or the content in any way not expressly permitted by this Agreement are prohibited.
All right, title, and interest in and to the Website and the content are the sole and exclusive property of Battelle. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the content other than as expressly authorized by Battelle in writing. Use of the Website is your acknowledgement and agreement that the Website and the content are the sole and exclusive property of Battelle.
Trademarks & Copyright
Unauthorized use of any Battelle trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws. The Website is protected by international copyright laws. Except for your use as authorized in this Agreement, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Battelle’s express prior written permission.
Links to Other Sites
Links to battelle.org
Unless otherwise set forth in a written agreement between you and Battelle, you must adhere to the following linking policy: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Battelle’s name and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Battelle; (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and (iv) Battelle reserves the right to revoke its consent to the link at any time and in its sole discretion.
Battelle may make changes to the Website and the content at any time.
Choice of Law
This Agreement shall be governed by, and will be construed under, the laws of the State of Ohio, United States of America, and you irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Franklin, in the State of Ohio, to settle any dispute which may arise out of, under, or in connection with this Agreement.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall remain in full force.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Battelle’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive any rights Battelle may have under this Agreement. Battelle reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
If you have any questions or concerns regarding this Agreement, please contact us.