My Research Lab Terms of Use

My Research Lab offers users a variety of services, including but not limited to, learning content, reference materials, research design support, and tools, collectively known as Services. These Services are provided to the My Research Lab users subject to the Terms of Use, further known as Terms, outlined herein. By using the My Research Lab services, whether as an anonymous or registered users, you agree to these Terms which govern the use of the Services and represent a binding legal agreement that may be enforced in case of a violation. If you do not agree to all of the Terms of Use, please do not use the Services.

Scope

These Terms of Use cover the main My Research Lab website, the My Research Lab mobile applications, as well as all the published content, in all its forms.

User Account

Some of the services offered require you, the user, to create an account with My Research Lab. Registration requires you to provide all information asked in the registration form. You agree and the information you provide during the registration process is true, accurate, current, and complete and that any changes will be promptly updated. You are responsible for all activity that occurs under your account and its security, including the username and password. My Research Lab and its parent company shall have no liability for any unauthorized access and/or use of your account.

Use of the Services

The Services are intended for both Personal and Business members. By using the Services you, the user, represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.

The content and tools made available through the Services are provided for informational and educational purposes only. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Services and to view the information and materials made available to you through the Services solely for your personal or professional use. You shall not use, copy, adapt, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, except where specifically stated otherwise.

You agree that you will not engage in any of the following activities in connection to your use of the Services:

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
• Use, display, mirror, or frame a My Research Lab Site or App, or any component thereof, or the My Research Lab logo or other proprietary information, without written consent, as applicable;
• Remove any copyright, trademark, or other proprietary rights notices contained within the Services;
• Infringe or use the My Research Lab brand, logo, and/or trademarks in any business, name, email, URL, or other context unless expressly approved, as applicable;
• Attempt to circumvent any protective technological measure associated with the Services;
• Post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
• Impersonate or misrepresent your affiliation with another person or entity;
• Harvest or otherwise collect information about others, including email addresses;
• Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a My Research Lab Site or App;
• Fail to respect another user’s privacy. This includes revealing another user’s password, phone number, address, or instant messenger identifier or address, or any other personally identifiable information; or
• Use a My Research Lab Site, App, the Services, or any My Research Lab content in any manner not permitted by these Terms.

We may, but are not obligated to, do any or all of the following without notice:

• Record or pre-screen User Content submissions to public areas withing the My Research Lab network;
• Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request, or legal process;
• Remove User Content which we believe does not comply with these Terms of Use;
• Terminate your access to the My Research Lab Services upon our determination that you have violated the Terms of Use;
• Edit My Research Lab Content.

Information that you Make Available through the Services

Certain services enable users to submit content which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, text, or data, together known as User Content. The User Content does not include registration information. When you submit User Content through the Services you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such User Content in any media, form or format now known or hereafter developed, both within and outside of the My Research Lab for any purpose that is consistent with the My Research Lab Privacy Policy. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content as specified in these Terms.

You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.

You agree that you will not use the Services to make available User Content that:

• you do not have the right to make available under any contractual or fiduciary agreement or law;

• infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

• results in the violation of any applicable law or regulation;
• is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity;
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• promotes illegal activity;
• is fraudulent, false, misleading or deceptive;
• constitutes an advertisement or solicitation of business; or
• contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.

Proprietary Rights

You acknowledge and agree that My Research Lab and any software used in connection to the Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the My Research Lab Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, publicly perform, create derivative works from or “scrape” for commercial or any other purpose the My Research Lab Site, App, Content, or software, in whole or in part. Any use of My Research Lab and all associated Services not expressly permitted by these Terms is a breach of these Terms and may violate our or third parties’ intellectual property rights.

You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

Privacy Policy

The My Research Lab Privacy Policy, linked at the bottom of the My Research Lab website, provides information about our collection, use and disclosure of information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms.

Dealing with Third Parties

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services.

Laws that Govern this Agreement

We control those components of the Services made available through our respective websites from our offices within the state of Missouri in the United States of America. By accessing the Services, you agree that the statutes and laws of the state of Missouri, without regard to choice of laws principles, will apply to all matters relating to use of the Services.

Notwithstanding the foregoing, we make no representation as to the legal compliance of the Services or the My Research Lab Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the My Research Lab Content.

Termination and Modification

Agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.

Disclaimer

THE My Research Lab NETWORK, SERVICES, SITES, APPS, AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE My Research Lab NETWORK, SERVICES, SITES, APPS, AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

THE INFORMATION THAT My Research Lab PRESENTS IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, My Research Lab MAKES NO REPRESENTATION OR WARRANTY TO THE ACCURACY, CURRENTNESS, OR DEPENDABILITY OF ITS INFORMATION.

Liability

In no event will My Research Lab or any other person or entity involved in creating, developing or delivering the My Research Lab Network, Sites, Apps, the Services, or the Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the My Research Lab Network, Sites, Apps, the Services, or the Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

Indemnity

You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the My Research Lab Network, Sites, Apps, Services, Content or your violation of these Terms.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials within the My Research Lab Network infringe your copyright, you may request removal of those materials (or access thereto) by contacting My Research Lab Customer Support at CustomerSupport@My Research Lab.com and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative. We may terminate the account of any user who we determine is a repeat infringer.

Modifications

We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services, the My Research Lab Content, or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the My Research Lab Network. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the My Research Lab Network and the Services.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the website, these Terms constitute the entire agreement between you and My Research Lab with respect to your use (and prior use) of the My Research Lab Network and the associated Services and My Research Lab Content.

These Terms constitute the entire and exclusive understanding and agreement between My Research Lab and you regarding My Research Lab Network and the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between My Research Lab and you regarding the My Research Lab Network and the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without My Research Lab’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. My Research Lab may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns

Notices

Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the My Research Lab Network. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Survival

All provisions of these Terms shall survive termination of your My Research Lab Network account except for your license to access and use the Services and the My Research Lab Content.

Contact Us

If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at CustomerSupport@My Research Lab.com. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services.

Last updated: 05/27/2019