If you are an employee of a Customer or are an individual identified to access and use the Site under the Agreement, as a condition to your use of the Site, you agree to adhere to the terms of the Agreement and agree not to take any action or fail to take any action that in either case would cause Customer to violate the terms and conditions of the Agreement.
Sections 3 to 7 and 9 to 13 below are referred to as the “General Terms.” If you are an employee of a Customer or are an individual identified to access and use the Site under the Agreement at the time of your access to and use of the Site, the General Terms do not apply to your access and use of the Site. If you are neither an employee of a Customer nor an individual identified to access and use the Site under the Agreement at the time of your access and use of the Site, the General Terms apply to your access and use of the Site.
You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties. In addition, when using or accessing the content on the Site, you shall not directly or indirectly through or with one or more other persons:
Except for Customer Data (as defined in Section 7), the Site and its content, features, and functionality (including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unless otherwise permitted under an Agreement, you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except that you may: (i) temporarily store such materials on your computer in RAM or caching incidental to your access and viewing of those materials, and (ii) print a reasonable number of pages of the Site as necessary solely for recordkeeping purposes as required by applicable law. The preceding sentence does not apply with respect to materials that constitute Customer Data. We reserve all right, title, and interest, express or implied, in and to the Site; System Data; our software, applications, tools, logos, marks, processes, and systems; and the data, information, and other content we provide (collectively the “MERIT Technology”). “System Data” means technical, configuration, statistical, utilization, and other information related to the use of the Site. If you make improvements or other modifications to the MERIT Technology when using the Site, you hereby grant MERIT a nonexclusive, royalty-free, fully paid-up, irrevocable, perpetual, worldwide license (with the right to assign and sublicense) to use, display, copy, distribute, modify, make derivative works of, sell, and import such modifications and improvements.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MERIT, ITS AFFILIATES, SUBSIDIARIES, AND SUCCESSORS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
We welcome suggestions, comments, or other feedback (collectively, “Feedback”) with respect to our offerings and services, including the Site. Feedback is voluntary and we are not required to hold it in confidence. We may use Feedback for any purpose, including the improvement of the Site. You hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use, display, copy, distribute, modify, make derivative works of, sell, and import the Feedback in connection with MERIT’s business, including enhancement of the Site.
MERIT CRO, Inc.
6527 Normandy Lane, Suite 100
Madison, WI 53719