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Legal Notices

Online Terms of Use

By accessing and/or using the webpages hosted by Foresight Nanotech Institute ("FNI") and/or its various affiliates, you conclusively agree to the terms and conditions set forth below. FNI may amend these Online Terms of Use at any time simply by posting an amended version on this Site and may make any amendment effective as it deems appropriate. It is your responsibility regularly to review these Online Terms of Use and to acquaint yourself with any changes. If you do not agree with these Online Terms of Use, do not use these webpages. Please understand that usage constitutes an irrevocable waiver of any claim that you did not read, understand, or agree to these Online Terms of Use.

The materials posted on these pages by FNI and its members may be accessed and retrieved solely for your own personal non-commercial use, and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not otherwise copy, modify, or distribute the contents of these pages without FNI’s express permission. Site content is owned or controlled by and shall remain the property of FNI or the party credited as the provider of the content. Your use of this Site is conditioned upon your honoring FNI’s copyrights and other intellectual property rights reflected on the Site.

Some or all of these pages may be accessed only by use of a password, which will be provided to you after registration. The information supplied by you in connection with your registration is subject to the Privacy Policy that follows these Online Terms of Use. You agree not to share your password with anyone and to take reasonable care to protect your password from unauthorized disclosure. You agree to promptly report to FNI any known, suspected, or anticipated compromise of your password.

User Responsibilities

Portions of these pages are designed to provide you and other users an opportunity to exchange ideas and information. By posting or submitting material to these pages, you represent that you have all necessary rights in and to such material and that such material will not infringe on any personal or proprietary rights of any third parties. You authorize FNI to view and to use, and to authorize others to view and to use, such material in any manner and in any medium, in perpetuity. You may not post, transmit, or otherwise distribute on or through this Site any material that may be unlawful, obscene, offensive, defamatory, threatening, or infringing of any copyright or other rights of others. You may not post, transmit, or otherwise distribute any virus, worm, or other code that may be damaging to software or hardware. You may not advertise or solicit on these pages without FNI’s express permission. If you breach these Online Terms of Use, you are obligated to hold FNI harmless from and to indemnify it against all liabilities and costs of any and every sort resulting from your breach.

You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of FNI.

Third parties may provide certain information and content on the Site and this may be copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms.

FNI’s Rights and Disclaimers

The ideas and information that are posted on this Site do not necessarily reflect FNI’s views. FNI reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of these Online Terms of Use. FNI has the absolute right, in its sole discretion, to deny or to withdraw access to anyone who violates these Online Terms of Use. FNI’s access decisions are final and not negotiable. Notwithstanding the above, FNI expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages, or losses resulting from the use of this site or from denial or withdrawal of access.

You may be able to obtain access to other Internet sites through hypertext links appearing in these pages. By providing or permitting such a linking service, FNI is not undertaking any responsibility or liability for third-party information or publications available on the Internet, even if accessed through these pages. Your use of these third party Internet sites may be subject to the third party’s terms of use and privacy policies.

THESE PAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FNI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS (INCLUDING, WITHOUT LIMITATION, MATERIAL COMMUNICATED BY THIRD PARTIES). FNI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FNI MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR THE SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE OR WILL REMAIN FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. FNI ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL FNI, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THIS SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, MULTIPLE, OR PUNITIVE DAMAGES. NO LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES ARE CHARGEABLE TO FNI.

Notices of Infringement and Takedown

FNI prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, you should write to FNI’s designated copyright agent and provide a written statement (a) identifying the copyrighted work and/or intellectual property right that you believe has been infringed; (b) identifying the allegedly infringing material that you have seen on the Site; (c) setting forth your name, address, daytime telephone number, and an e-mail address if available; (d) explaining the basis for your belief that the use of the copyrighted work and/or exercise of the intellectual property right has not been authorized by the owner, its agent, or the law; (e) stating that the information in the notification is accurate and, under penalty of perjury, that the person signing is authorized to act on behalf of the owner of the right that has allegedly been infringed; and (f) including a signature in accordance with that statement. Upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)), FNI will remove any posted submission that is determined to infringe the copyright or other intellectual property right of any person under U.S. law. Infringement notices should be directed to Corporate Counsel (copyright agent), Foresight Nanotech Institute, [P.O. Box 61058, Palo Alto, CA, 94306.] You should be aware that U.S. law provides significant penalties for submitting a false infringement statement.

FNI controls and operates this Site from its headquarters in the United States and makes no representation that the materials or information are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the materials or information. These Online Terms of Use will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Online Terms of Use or in connection with this Site only in the federal and state courts located in Santa Clara county, California. If any provision of these Online Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of FNI to enforce any right or provision in these Online Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FNI in writing. The Online Terms of Use comprises the entire agreement between you and FNI and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Privacy Policy

This Privacy Policy details certain policies implemented throughout FNI governing FNI’s use of personally identifiable information provided to FNI via this Site or otherwise.

Due to the Internet’s rapidly evolving nature, FNI may need to update this Privacy Policy from time to time. If so, FNI will post its updated Privacy Policy on our Site so you are always aware of what personally identifiable information we may collect and how we may use this information. FNI encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site will be subject to the then-current Privacy Policy.

You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, to use certain services, we may require you to create an account with a password and username, or we may invite you to submit questions or comments, complete a questionnaire, or request information or subscribe to an e-newsletter. Due to the nature of some of these activities, we may ask that you complete and submit an online form with personally identifiable information such as your name, username, email address, other contact information and credit card information. We may use your personally identifiable information to deliver certain services, products or information you have requested, verify your authority to enter certain password protected areas of the Site, send you notices for services that you have used or that may be of interest to you, process your payment and improve the content and general administration of the Site.

FNI may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies generally do not permit us to personally identify you.

The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, external websites linked to, search terms and the domain names of our users’ Internet Service Providers, and we may analyze these data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. Such aggregate information is not linked to any personal information that can identify any individual person. We may use such aggregate information to analyze trends, administer the Site, track users’ movement, and gather broad demographic information for aggregate use.

Personally identifiable information held by FNI is stored in databases authorized for access only by staff and select contractors and volunteers. Credit card information is not entered into the database and will only be used to process your payment. We may employ procedural and technological security measures, consistent with industry practice. Such measures will be reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction.

When an external organization contacts FNI requesting database information, we evaluate the compatibility of their mission and question whether this will be of benefit to the individual FNI members. If we determine that such sharing is valuable to the FNI member, we will send email or physical address information to a bonded mailing house, which does the mailing without giving the list to the requesting organization. FNI will work with the bonded mailing house to minimize the numbers of mailings. More frequently, we will offer to distribute the bonded mailing house’s message ourselves, in a mailing or emailing. Individuals who do not wish to receive these mailings from bonded mailing houses may contact Foresight and request that their personally identifiable information not be disclosed or used for such third party mailing. When such treatment is requested, FNI will remove the requested personally identifiable information from mailing lists used for or provided to any external organization, including bonded mailing houses, for any reason unless required by law.

We will also disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We will not sell your personally identifiable information to any other company or organization except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which FNI participates or to a purchaser of all or substantially all of FNI’s assets to which this Site relates. Such successor entity shall be bound by the terms and conditions of this Privacy Policy. Foresight assumes that information that has been previously made public (e.g., published on a personal web site or otherwise listed in a public forum, such as a telephone directory) need not be kept confidential.

FNI provides you with the ability to review, correct and delete any of the personally identifiable information that you have provided to us. If you wish to review or correct any information you have provided to us, you may access your account and review, correct and delete your personally identifiable information or you may contact FNI at foresight@foresight.org. (Note: This functionality is not yet complete.)

Foresight staff are aware of the importance of privacy concerns. FNI seeks to improve our ability to provide desired information to individuals while still protecting their privacy. Comments or suggestions are welcome by contacting foresight@foresight.org.

Effective Date of this Privacy Policy: April 15, 2005

Date this Privacy Policy was last updated: April 15, 2005

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