Terms of Service/User Agreement

Last Updated:   January, 2017

All textual, graphical and other content appearing on the “choicesproject.org” website (the “Web Site”) are the property of the President and Fellows of Harvard College, acting through the TH Chan School of Public Health/Harvard Prevention Research Center on Nutrition and Physical Activity (referred to in this User Agreement as “Harvard University”, “we”, “us” or “our”), and/or third parties. By accessing content on the Web Site, a user (also referred to in this User Agreement as “you” or “your”) agrees to be bound by all of the terms of this User Agreement.  We reserve the right to change the terms of the User Agreement or to modify its features at any time. The Web Site will post changes to the terms of this User Agreement on this page, and by accessing the Web Site after modifications to this User Agreement have been posted, the user agrees to be bound by all the modified terms. The user should review the User Agreement periodically to ensure that he or she is familiar with its terms.

You may view, copy, print and use content contained on the Web Site solely for personal or informational purposes and provided that: (1) the content is not used for commercial purposes; (2) no text, graphics or other content available from the Web Site is modified in any way; (3) no graphics available from the Web Site are used, copied or distributed separate from accompanying text, and no derivative works are created from the content; and, (4) copyright, trademark or other proprietary and other applicable notices displayed on the content are not removed.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Harvard University or any third party. Without limitation, the Harvard name, the CHOICES name, and the CHOICES logos are intellectual property of Harvard University.

THE WEB SITE MAY CONTAIN LINKS TO (OR BE ACCESSED THROUGH LINKS ON) WORLD WIDE WEB SITES OF OTHER UNIVERSITIES, ORGANIZATIONS, OR LEGAL ENTITIES. HARVARD UNIVERSITY DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABILITY, OPERATION OR PERFORMANCE OF WEB SITES OF SAID OTHER UNIVERSITIES, ORGANIZATIONS OR LEGAL ENTITIES, OR ANY OTHER SITES TO WHICH THE WEB SITE MAY BE LINKED OR FROM WHICH THE WEB SITE MAY BE ACCESSED.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Harvard University.

Should any user of the Web Site send any feedback or data, such as ideas, comments, suggestions or questions regarding any Harvard University product or service or the content of the Web Site, such information shall be deemed to be non-confidential, and Harvard University shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Harvard University shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Access to the Web Site may be monitored. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of the Web Site constitutes consent to such monitoring.

To the extent that we make available to you through the Web Site an embeddable player for viewing video and playing audio content from the Web Site (the “Embeddable Player”) and/or “widgets” to obtain access to content from the Web Site (“Widgets”), you agree as a condition to accessing and using such items that: (1) you will not alter or modify any part of the Embeddable Player, the Widgets or any of their related technologies; (2) you will include a prominent link back to the Web Site on the pages containing the Embeddable Player and/or Widgets, and you may not modify, build upon or block any portion of the Embeddable Player and/or Widgets in any way; and, (3) you will not use the Embeddable Player and/or Widgets for any commercial purposes.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Harvard University on the Web Site, but Harvard University is not responsible for misprints, out-of-date information, technical inaccuracies, typographical or other errors appearing on the Web Site. The Web Site and all information and related materials it contains are provided “AS IS.” Harvard University makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of the Web Site or the information or materials it contains. By using the Web Site, you assume the risk that the information and materials on the Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

HARVARD UNIVERSITY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEB SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.

IN NO EVENT WILL HARVARD UNIVERSITY BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF HARVARD UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Infringement /Digital Millennium Copyright Act Notice:  If you believe that any content on the Web Site infringes your copyright and you want the content removed from the Sites, please visit www.harvard.edu/copyright-issue for instructions on how to send a detailed message to our Designated Copyright Agent.

Unless otherwise noted, the Web Site is controlled and operated from our offices in the Commonwealth of Massachusetts. By accessing the Web Site, you agree to be bound by the terms and conditions of this User Agreement which is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of laws principles. All activity occurring in connection with the Web Site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the Commonwealth of Massachusetts. In connection with any suit, action or proceeding arising from or relating to this User Agreement, you consent to the jurisdiction of the federal and state courts within the Commonwealth of Massachusetts.

You agree to indemnify, defend and hold us and our affiliates, employees, faculty members, students, members of its governing boards and agents harmless from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your access to and use of the Web Site, any alleged unauthorized use of the Web Site by you, or any breach or alleged breach by you of this User Agreement. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent.

We reserve the right to terminate the Web Site and/or this User Agreement at any time without notice, for any reason, including, in the case of this User Agreement, for your violation of any of its provisions. The disclaimer of warranties and limitation of liability, indemnification, release, applicable law and jurisdiction provisions of this User Agreement shall survive any such termination.

If any of provision of this User Agreement is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining parts of this User Agreement will be enforceable to the fullest extent permitted by law. Our failure to enforce this User Agreement in every instance in which they might apply is not a waiver of any of our rights, and we reserve our right to take all legal steps available to enforce this User Agreement.

In the future, certain content and features on the Web Site (“Restricted Access Materials”) may be accessible to registered users only. The following additional terms will apply at that time and upon registration. Registration is optional, but users will not be able to access Restricted Access Materials if they do not register. When users register, they agree to provide information to us that is accurate, current and complete. Users agree that the Web Site’s Privacy Policy at harvard.otd.edu governs the use of the information you report. We reserve the right to terminate the registrations for any reason, including but not limited to violation of this User Agreement.  We will not be liable for any loss or damage arising from a user’s failure to protect his or her password or account information.

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