Terms of Service

Effective Date: November 12, 2020

 
 

These Terms of Service (“Terms”) set forth the legally binding terms and conditions for your use of the Foundation for OCD Research website, www.ffor.org (the “Website”). Throughout these Terms, “we”, “us” and “our” refer to the Foundation for OCD Research, a project of the New Venture Fund (“FFOR”). Please read these Terms carefully before using the Website.

1. ACCEPTANCE OF TERMS

By visiting or using the Website, you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time through the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Some parts of the Website may be subject to additional terms and conditions specified by us from time to time; your use of those parts of the Website are subject to those additional terms and conditions, which are incorporated into these Terms by reference. If you do not agree to these Terms, then you may not use the Website. 

2. RULES OF CONDUCT

As a condition of use, you agree not to use the Website for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Website. 

When accessing or using the Website, you agree to:

  • Abide by all laws, rules, regulations, these Terms, and all FFOR policies;

  • Only use (or attempt to use) the Website through interfaces provided by FFOR; and

  • Comply with the instructions in any robots.txt file present on the Website.

When accessing or using the Website, you shall not (and shall not permit any third party to):

  • infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

  • use the Website for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;

  • submit content that you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or identifying information;

  • take any action that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;

  • take any action that constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);

  • upload or transmit software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

  • impersonate any person or entity, including any of our employees, representatives, or users;

  • include anyone’s identification documents (such as drivers’ licenses or social security numbers) or sensitive financial information;

  • interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;

  • bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website);

  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website without our express written permission;

  • harvest or scrape any content from the Website;

  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;

  • modify, translate, or otherwise create derivative works of any part of the Website;

3. INTELLECTUAL PROPERTY RIGHTS AND LICENSE

All content on the Website (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation (“Content”)), is owned by FFOR, other content providers, or their licensors, and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the Website does not grant you any license or right to use any trademark, logo, or service mark displayed on the Website. FFOR, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Website, including all associated intellectual property rights. FFOR neither warrants nor represents that your use of materials on the Website will not infringe rights of third parties.

You may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.

4. THIRD-PARTY SERVICES AND LINKS

Certain content available via the Website may include materials from third parties. In addition, third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party materials or websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

5. MODIFICATIONS TO THE WEBSITE

We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

6. GRANT APPLICATIONS, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any grant applications that you submit to FFOR will be treated as Confidential Information and will be used only for the consideration of awards by FFOR.

If you send us creative ideas, suggestions, or feedback, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. 

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

7. PRIVACY

Our Privacy Policy provides information on how we collect, use, and disclose your personal information. By using the Website, you acknowledge that we will collect, use and disclose your personal information as described in our Privacy Policy.

8. DISCLAIMER OF WARRANTIES

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. INDEMNIFICATION

To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless FFOR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (a) your use of the Website, (b) your breach of these Terms or the documents they incorporate by reference, or (c) your violation of any law or the rights of a third-party, including intellectual property rights. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold FFOR and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

10. LIMITATION OF LIAIBLITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL FFOR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. 

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FFOR AND YOU.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” SIMILARLY, THIS SECTION DOES NOT LIMIT FFOR OR NVF’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM FFOR OR NVF’S OWN INTENTIONAL OR RECKLESS CONDUCT.

11. MISCELLANEOUS

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Choice of Law. These Terms and any dispute of any sort that might arise between you and FFOR will be interpreted in accordance with the law of Washington, DC, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

Exclusive Venue. Any claim or dispute that between you and us that arises out of or is related to the Website and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Washington, DC and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Washington, DC.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

Entire Agreement. These Terms and any policies or operating rules posted by us through the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms. The most current version of the Terms will be posted on the Website and it is your responsibility to check our website periodically for changes. Your continued use of the Website following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Website.

13. CONTACT US

If you have any questions or concerns with respect to these Terms or the Website, or to report any violations of these Terms, please contact us at: inquiries@FFOR.org