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Terms of Use

These Terms of Use govern your use of the Schulman Associates Institutional Review Board, Inc. (“Schulman”) Website located at www.sairb.com and pertain to those portions of Schulman’s website (the “Website”) that are publicly available.

(If Schulman has provided you with a user name and password in order to permit entry to the restricted, secure areas of the Website (WebPortal 3D, e-Submission and SiteAccess 1.0), the Schulman Secure Electronic Tools Terms of Use will apply to your access to and use of those areas.) By accessing and using Schulman’s Website, you acknowledge that you have read and understand these Terms of Use and agree to the uses described herein.

License and Use of the Website: Schulman hereby grants to you a nonexclusive, nontransferable, non-assignable, revocable license to access, view and use the Website and the documents contained thereon to obtain information and for business purposes pertaining to human subjects research. All right, title and interest in the Website, proprietary information and Schulman copyrighted documents remains with Schulman and you will acquire no ownership interest therein. You agree to comply with all applicable laws and regulations during your use of the Website and its content.

Prohibited Uses: You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Website any material which (i) restricts or inhibits any other user from using or benefiting from the Website; (ii) in Schulman’s discretion, is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark patent, rights of privacy or publicity or any other proprietary right; (v) contains a computer virus or other harmful component; and (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Copyright: The Website and all Schulman materials contained thereon are protected by copyright as a collective work and/or compilation pursuant to U.S. copyright and other applicable laws and are owned or controlled by Schulman. You may download and make copies of the documents and other downloadable items displayed on this Website only for the uses described above and as necessary to fulfill human subjects research regulatory requirements or to obtain information, provided that you maintain all copyright and other notices contained in such documents. Copying or storing downloadable documents for the prohibited uses described above is expressly forbidden without prior written permission from Schulman or the copyright holder identified in the individual document’s copyright notice.

Limitation of Liability and Remedies: YOU AND/OR YOUR COMPANY SHALL BE SOLELY RESPONSIBLE FOR ACQUIRING AND MAINTAINING THE INFORMATION TECHNOLOGY SYSTEMS AND SOFTWARE NECESSARY TO PROVIDE ACCESS TO THE WEBSITE AND ANY INFORMATION CONTAINED THEREON. IN NO EVENT SHALL SCHULMAN BE RESPONSIBLE FOR YOUR INABILITY TO ACCESS THE WEBSITE OR OBTAIN INFORMATION CONTAINED THEREON DUE TO YOUR FAILURE TO ACQUIRE AND/OR MAINTAIN SUCH SYSTEMS. SCHULMAN SHALL HAVE NO LIABILITY TO YOU OR THIRD PARTIES RELATED TO YOUR USE OF OR CONCLUSIONS DERIVED FROM SUCH INFORMATION, YOUR USE OF THE WEBSITE OR ITS CONTENTS, OR YOUR ACTS OR OMISSIONS THAT MAY RESULT IN LIABILITY OR DAMAGES DUE TO NEGLIGENCE, MALPRACTICE, FAILURE TO WARN OR ANY OTHER BASIS. SCHULMAN SHALL NOT BE LIABLE FOR THIRD PARTY INTERFERENCE CAUSING DISRUPTION OR DAMAGE TO YOUR INTERNET CONNECTION, YOUR ACCESS TO AND USE OF THE WEBSITE, OR TO THE WEBSITE CONTENT OR INFORMATION CONTAINED THEREON. YOU AGREE THAT THE SOLE REMEDY FOR YOUR INABILITY TO ACCESS THE WEBSITE, FOR WHATEVER CAUSE, WILL BE TO REQUEST THAT SCHULMAN PROVIDE ELECTRONIC AND/OR PAPER COPIES OF SCHULMAN DOCUMENTS AND THAT SCHULMAN WILL USE REASONABLE AND BEST EFFORTS TO FULFILL SUCH A REQUEST.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. IN NO EVENT SHALL SCHULMAN, ITS OFFICERS, OWNERS, BOARD MEMBERS, EMPLOYEES, AND/OR CONSULTANTS BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICES OR LOST OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE EVEN IF SCHULMAN HAS BEEN ADVISED.

Exclusion of Warranties: WHILE SCHULMAN WILL USE REASONABLE AND BEST EFFORTS TO ENSURE THE ACCURACY OF THE INFORMATION POSTED ON THE WEBSITE, THE WEBSITE INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” EXCEPT AS MAY BE SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN SCHULMAN AND YOUR COMPANY, THE PROVISIONS OF WHICH REMAIN AND SHALL NOT BE VOIDED BY THESE TERMS OF USE, SCHULMAN MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, FOR ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. SCHULMAN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCHULMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREON WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCHULMAN SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES RELATED TO YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREON.

Indemnification: You and/or your Company hereby agree to indemnify, defend and hold Schulman and its officers, owners, Board members, employees, and consultants (collectively “Indemnified Parties”) harmless from and against any and all liability and costs incurred by Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use and/or any of the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You and/or your Company shall cooperate as fully as reasonably required in the defense of any claim. Schulman reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and/or your Company and you and/or your Company shall not in any event settle any matter related hereto without the prior written consent of Schulman.

Monitoring: Schulman reserves the right to monitor your access to and use of the Website.

Term and Termination: This Agreement is effective immediately and shall continue until modified or terminated by Schulman.

Modification of Website: Schulman reserves the right to change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Schulman reserves the right also to impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

Change in Terms of Use: Schulman reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of any changes to this Agreement will be posted in the updates feature of the Website. Your continued use of the Website constitutes your agreement to these Terms of Use and any updates.

Severability: If for any reason any provision of these Terms of Use shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provision.

Governing Law: This agreement shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to conflict of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Ohio.

Entire Agreement / Conflicting Terms: These Terms of Use constitute the entire agreement between you and Schulman with respect to the subject matter hereof. Notwithstanding the foregoing, nothing in this Agreement shall be construed to limit or exclude provisions that may be set forth in any other agreement between Schulman and you or your Company. If any of these Terms of Use conflict with terms contained in another agreement (including, but not limited to the Schulman Secure Electronic Tools Terms of Use portions of the Website), then the other agreement(s) terms shall govern.