Terms Of Use

BY ACCESSING Goodwyn Institutional Review Board, Ltd. (Goodwyn IRB® ) WORLD WIDE WEB PAGE (“SITE”), THE USER AGREES TO THE FOLLOWING:

ALL RIGHTS RESERVED

All contents of the Site are protected by copyright and are the property of Goodwyn IRB®. Goodwyn IRB® RESERVES ALL RIGHTS to any material presented on this Site. Unless otherwise noted, names and logos appearing on this site are trade/service marks registered under Goodwyn Institutional Review Board, Ltd. (Goodwyn IRB®). User may not copy, transfer, publish, modify, create derivative works from or store any Site content without specific advance written permission from Goodwyn IRB®.

Goodwyn IRB® may change these TERMS OF USE from time to time. User is bound by such updates and is responsible for reviewing these TERMS OF USE and complying with updates. These TERMS OF USE may also be terminated. In the event of such termination, all provisions, including those relating to copyrights and trademarks, disclaimers, claims, limitations of liability, indemnification, applicable laws and arbitration shall survive.

This Site is for your personal and noncommercial use. Note that any personally identifiable information you may transmit to Goodwyn IRB® will be treated by in accordance with its Privacy Statement.

This Site may contain links to other sites on the internet that are owned and operated by third parties (the "LInks".) Even if such third parties are affiliated with Goodwyn IRB®, Goodwyn IRB® has no control over these Links, all of which have separate terms of use and privacy and security practices, independent of Goodwyn IRB®. Goodwyn IRB® has no responsibility or liability for these Links, you access them at your own risk. Links do not imply any endorsement by or affiliation with Goodwyn IRB®, nor that Goodwyn IRB® has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such Links. However, in order to help Goodwyn IRB® protect the integrity of this Site and the Links, please contact webmaster@GoodwynIRB.com if you encounter any problems.

Goodwyn IRB® makes no warranties or representations about the accuracy, reliability or completeness of this Site’s content or the content of any Links.

Goodwyn IRB® does not filter advertisements or control all content that may be viewed through our Site or Links. Users are responsible for monitoring and preventing their reception of advertisements or objectionable material. THIS SITE AND LINKS ARE MADE AVAILABLE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOODWYN IRB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GOODWYN IRB? DOES NOT REPRESENT OR WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOODWYN IRB® DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THIS SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN NO EVENT SHALL GOODWYN IRB® BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GOODWYN IRB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS PARAGRAPH SHALL APPLY TO THE EXTENT PERMITTED BY LAW AND ITS APPLICATION MAY VARY BY JURISDICTION.

You agree to indemnify, defend, and hold harmless Goodwyn IRB®, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Your use of this Site shall be governed by the laws of the state of Ohio, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the use of Goodwyn IRB® services) shall be in the state or federal courts located in Hamilton County, Ohio. Any cause of action or claim you may have with respect to the Site (including but not limited to the use of Goodwyn IRB® services) must be commenced within one (1) year after the claim or cause of action arises. Goodwyn IRB’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Goodwyn IRB® may assign its rights and duties under this Agreement to any party at any time without notice to you. Goodwyn IRB® makes no representation that materials in the Site are appropriate or available for use in other locations. Those who access this Site do so on their own initiative and are responsible for compliance with their applicable local laws. These Terms of Use constitute the entire agreement (“Agreement”) between you and Goodwyn IRB with respect to your use of the Site. If any clause of this Agreement is determined to be invalid, the remaining Agreement shall remain valid.

By using this Site, you agree that Goodwyn IRB®, at its sole discretion, may require you to submit any disputes arising from the use of this Site or these Terms of Use, -- including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about issues not addressed herein or the adaptation of these Terms of Use to newly arisen circumstances -- to final, binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these Rules, however, such proceedings shall be governed by the laws of the State of Ohio, as previously described.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

 

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