"After my diagnosis I thought I could use my experience in business to promote MPN research and create scientific activity where very little had previously occurred." - Robert Rosen, Chairman, MPN Research Foundation

Terms of Use

Welcome to the web site of MPN Research Foundation (the “Company”). Where appropriate, the term “Company” refers both to the Company and its affiliates. These Terms of Use cover this web site and the Company’s blog (collectively, the “Web Sites”).

All users of the Web Sites are subject to the following terms and conditions (these “Terms of Use”). Use of the Web Sites constitutes your acceptance to be bound by these Terms of Use. The Company may revise and update these Terms of Use at any time without notice by posting the amended terms. Your continued use of the Web Sites means that you accept and agree to the revised Terms of Use.

1. USE OF THE WEB SITES

(a) You agree not to do any of the following: (1) upload to or transmit on the Web Sites any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Sites to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept content or messages not intended for you; (4) misrepresent an affiliation with, or otherwise impersonate, any person or organization; (5) upload to or transmit on the Web Sites any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Sites by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Web Sites; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Sites); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Sites or any networks connected to the Web Sites; (14) 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 permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Sites, or which, as determined by the Company, may harm the Company or users of the Web Sites or expose them to liability.

(b) You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any aspect of the Web Sites, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Sites. You grant the Company the right to use all content you upload or otherwise transmit to the Web Sites in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, or modifying it, incorporating it into other material or making a derivative work based on it.

(c) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Web Sites (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. All information publicly or privately transmitted through the Web Sites is the sole responsibility of the person from whom such information originated, and the Company will not be liable for any error or omissions in content. The Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Sites or the authenticity of the data provided by other users.

(d) The Company reserves the right, but does not assume any responsibility, to (i) remove any material posted on the Web Sites which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; (ii) terminate any user’s access to all or part of the Web Sites; and (iii) reformat, excerpt or translate any content submitted by users. However, the Company can neither review all material before it is posted on the Web Sites nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Sites and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(e) Your failure to comply with the provisions of these Terms of Use may result in the termination of your access to the Web Sites and may expose you to civil and/or criminal liability.

2. INFORMATION ON THE WEB SITES

The Web Sites contain medical information about MPN disorders. The Web Sites contain seed text provided by Incyte; however, the Company is not affiliated with Incyte and does not endorse any particular drugs or products. All information posted by the Company will be reviewed by independent physicians and scientists; however, it should not be used as a substitute for consultation with a physician or in place of any other medical treatment.

3. TERMINATION OR RESTRICTION OF ACCESS

The Company reserves the right, in its sole discretion, to terminate your access to any or all of the Web Sites or any portion thereof at any time, without notice. Upon termination, you shall cease to use the Web Sites in its entirety. Your right of access may be terminated without notice by the Company, without any obligation or other liability, if you fail to comply with these Terms of Use.

4. COPYRIGHT RESTRICTIONS/USE OF CONTENT

The Web Sites (including all information, software, text, displays, images and audio) is proprietary to the Company or its affiliates and licensors and is protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Sites without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages from the Web Sites; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title to nor any intellectual property rights in any information or material on the Web Sites are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (x) any part of the Web Sites; (y) access to the Web Sites; or (z) use of the Web Sites.

You may not (and may not authorize any party to) (i) co-brand the Web Sites, or (ii) frame the Web Sites related thereto without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Web Sites or content accessible within the Web Sites. You agree to cooperate with the Company in trying to stop any unauthorized co-branding, framing or hyperlinking. In addition, you may not use the Web Sites in any manner which could disable, overburden, damage or impair the Web Sites or interfere with any other party's use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any materials, content or information through any means not intentionally made available or provided for through the Web Sites.

5. TRADEMARKS AND PROPRIETARY INFORMATION

The names MPN Research Foundation, and any and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos and copyrighted works appearing on the Web Sites. All rights are reserved.

6. LIMITED LICENSE; RESTRICTIONS ON USE

The Company hereby grants you a limited, non-exclusive, non-transferable license to access and use the Web Sites and the Content associated with the Web Sites provided by the Company. You agree that you will not, and will not allow any third party to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Web Sites, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Web Sites, (iii) use the Web Sites to access, copy, transfer, transcode or re-transmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter the Company’s or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Web Sites.

7. DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE CONTENT AND WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (I) YOUR USE OF THE WEB SITES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITES WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB SITES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

The Company will not be liable for any material posted by users on message boards and forums. The Company has the option, but not the responsibility, to remove any messages it deems offensive or harmful, but is not liable if it fails to do so.
The Web Sites do not offer medical advice or recommendations. User should not rely on the information posted on the Web Sites as a substitute for qualified health care professionals. The Company does not endorse any particular drug or other form of medical treatment. The Company shall not be liable for any damages suffered as a result your use of any information posted on the Web Sites.

8. LIABILITY OF THE COMPANY AND ITS LICENSORS

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, CONTRACTORS OR THIRD PARTY VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITES, THE CONTENT, ANY OTHER SERVICES PROVIDED ON OR THROUGH THE WEB SITES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES OR OTHER INTANGIBLE LOSS; OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITES OR THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

9. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others (collectively, “Indemnified Parties”), involved in the Web Sites or the delivery of products or information through the Web Sites, from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from through the Web Sites.

10. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY

The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.

Any passwords used for the Web Sites are for individual use only. You will be responsible for the security of your password.

You are prohibited from using any services or facilities provided in connection with the Web Sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms of Use.

The Company reserves the right to fully cooperate with any law enforcement authorities or court orders requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

11. COMMENTS AND SUBMISSIONS

The Company welcomes your comments. All comments, suggestions or other information sent by you for internal use by the Company or its advertisers or business partners in response to solicitations through the Web Sites will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Sites are non confidential for all purposes.

You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics or other information communicated to the Company related to the performance, use or operation of the Web Sites (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

12. THIRD PARTY LINKS

The Web Sites may link to other web sites which are not maintained by or related to the Company. Hyperlinks to such web sites are provided as a service to users and are not sponsored by or affiliated with the Web Sites or the Company, and the Company has not reviewed any or all of such web sites and is not responsible for the content of those web sites. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, web sites framed within the Web Sites or third party advertisements, and does not make any representations regarding their quality, content or accuracy. The Company makes no representation or warranties as to the security of any third party web site and your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

You acknowledge and agree that the Company has no responsibility or liability for the availability of such external services or web sites.

13. COMPLIANCE

The owner of the Web Sites is based in the State of Illinois, USA. The Company makes no representation that materials on the Web Sites are appropriate or available for use in other locations. If you access the Web Sites from other locations, you are responsible for complying with local laws.

14. COPYRIGHT CONCERNS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Web Sites;
  • Your address, telephone number and e-mail address;
  • 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;
  • 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.

The Company’s copyright agent for notice of claims of copyright infringement on the Web Sites can be reached as follows:

Copyright Agent:
Michelle Woehrle, MPN Research Foundation, 180 N. Michigan Avenue, Suite 1870, Chicago IL 60601

15. MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Sites shall be in the state or federal courts located in or near Illinois. You agree to submit to the jurisdiction of such courts. Any cause of action you may have with respect to the Web Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
These Terms of Use, as they may be amended from time to time, completely and exclusively state the entire agreement between you and the Company with respect to the Web Sites, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Web Sites.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Web Sites will govern the items to which they pertain.
The Company may revise these Terms of Use at any time by updating this posting. These Terms were last updated on June 28, 2011.

CH01/ 25728299.1

 

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