Swaziland Health Research - Terms of use

Terms of use

SHR Terms of use:

This Internet site (the "Site") is owned by the Swaziland Health Research [SHR] and operated by the Web Master, and is subject to the following terms and conditions ("Terms of Use").

SHR - Terms of use (IMPORTANT)
This Internet site (the "Site") is owned by the Swaziland Health Research [SHR] and operated by the its Web Master, and is subject to the following terms and conditions ("Terms of Use"). By accessing or using the Site, you signify your agreement and the agreement of the company, business or other legal entity that you represent (collectively, "you") to these Terms of Use.We may occasionally change these Terms, so we encourage you to review the Terms periodically. If you do not agree to these Terms of Use on your own behalf and on behalf of the company, business or other legal entity that you represent, please do not access or use the Site. This Site is only intended for use for business purposes by companies, businesses or other legal entities. This Site may not be used for personal or non-commercial purposes. You represent and warrant that you are using the site solely for business purposes and are authorized to bind the company, business or other legal entity that you represent to these Terms of Use. You agree to provide the Swaziland Health Research [SHR] with accurate, correct and up to date information or orders. Note that we describe our current practices related to personally identifiable information collected through the Site in our Privacy Statement. By accessing or using the Site, you signify your agreement to the Privacy Statement.

Ownership, Copyright & Trademark Notices
All information, text, graphics, software, and other content that make up the Site ("Materials") are the property of the Swaziland Health Research [SHR] or its licensors. You acknowledge that certain Materials available on the Site are protected by copyright, trademark, patent, or other intellectual property rights of Icesoft and its licensors. Except as expressly provided, nothing within the Site or Materials shall be construed as conferring any license under any of Icesoft's or its licensors' intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Icesoft grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Site and Materials only in the manner presented by Icesoft and as expressly permitted by Icesoft, and where applicable, for the purposes of placing orders and checking the status of orders placed through the Site. Except as expressly provided herein or as otherwise permitted by mandatory provisions of applicable law, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Materials from the Site without the prior express written permission of Swaziland Health Research [SHR]. Notwithstanding the foregoing sentence, you may download one copy of any Material expressly designated by Swaziland Health Research [SHR] as downloadable for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of these Terms of Use and Swaziland Health Research [SHR]'s or its licensors' copyright and other intellectual property rights. Use of any such Material on any other web site or networked computer environment is strictly prohibited.

Spidering, Monitoring and Interference
You agree you will: (1) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Site or the Materials contained herein without the prior express written permission of the Swaziland Health Research [SHR]; (2) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; and (3) not take any action that imposes an unreasonable or disproportionately large load on the Swaziland Health Research [SHR]'s infrastructure.

Account Information
You are responsible for maintaining the confidentiality of any user names or passwords associated with any account you use to access the Site, for monitoring all activity under the account, and you agree to assume full responsibility for all activities that occur under your account (unless such activities result from a security breach for which the Swaziland Health Research [SHR] is responsible). You may not disclose or share your user name or password with any third parties or use them for any unauthorized purpose. If you become aware of any unauthorized use of your password or your account, you agree to notify the Swaziland Health Research [SHR] immediately at the email address or phone number provided for notice in the Privacy Statement.

Products and Pricing
All products sold as a result of accessing the Site are subject to the then current applicable version of Swaziland Health Research [SHR]'s standard terms of sale (the "Standard Terms and Conditions of Sale") unless otherwise agreed by Swaziland Health Research [SHR]. By ordering or purchasing any products or services on or through the Site you agree to be bound by the Standard Terms and Conditions of Sale. If you do not accept the Standard Terms and Conditions of Sale, do not order or purchase any products through the Site. You agree that the prices, configurations and availability of the Swaziland Health Research [SHR] products may be subject to change by Swaziland Health Research [SHR] at any time.

Links to other Internet Sites
The Site may contain links to other Internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that Swaziland Health Research [SHR], to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.

Links to the Websites or Materials
Linking to any page of the Site other than to http://www.shrswaziland.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with the Swaziland Health Research [SHR]. Any web site or other device that links to http://www.shrswaziland.com or any page available therein is prohibited from (a) replicating Materials, (b) using a browser or border environment around the Materials, (c) implying in any fashion that Icesoft or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with the Swaziland Health Research [SHR] or any of its affiliates, (e) presenting false information about the Swaziland Health Research [SHR] products or services, and (f) using any logo or mark of the Swaziland Health Research [SHR] or any of its affiliates without express written permission from the Swaziland Health Research [SHR].

Changes
The Swaziland Health Research [SHR] reserves the right to modify, suspend, or discontinue any portion of the Site and Materials, or otherwise disable your access to all or a portion of the Site, at any time, with or without notice. The Swaziland Health Research [SHR] reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Site. You agree that the above-stated standard for notice of modifications is reasonable.

WARRANTLY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SWAZILAND HEALTH RESEARCH [SHR] DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY Icesoft, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SWAZILAND HEALTH RESEARCH [SHR] DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE SWAZILAND HEALTH RESEARCH [SHR]) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE SWAZILAND HEALTH RESEARCH [SHR] MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE AND THE MATERIALS; OR (2) YOUR USE OF THE SITE OR MATERIALS; OR (3) ANY THIRD-PARTY WEB SITE YOU MAY ACCESS THROUGH THE SITE. DESPITE THE CHOICE OF ILLINOIS LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS OR UNDERTAKINGS, SO THE ABOVE EXCLUSIONS ARE PROVIDED TO THE EXTENT PERMITTED BY LAW AND SOME MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SWAZILAND HEALTH RESEARCH [SHR], ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE SITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF SHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE THE CHOICE OF ILLINOIS LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS CLAUSE SHALL NOT EXCLUDE OR IN ANY WAY LIMIT EITHER PARTY'S LIABILITY FOR (I) FRAUD OR (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. EXCEPT WITH RESPECT TO CLAIMS RELATED TO PURCHASES MADE THROUGH THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH SHR, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE EQUIVALENT OF $10US. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.

Indemnity
You agree to indemnify and hold harmless the Swaziland Health Research [SHR], its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys' fees) arising out of or related to your use of the Site or any Materials it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.

Jurisdiction
The Site is controlled and operated by Swaziland Health Research [SHR] from its offices in Manzini, Swaziland. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

General
Users are prohibited from posting any information onto the Swaziland Health Research [SHR] or any related links or social networks that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes or that impersonates another person.

Unless otherwise required by local law, these Terms of Use shall be governed by, and construed in accordance with, the laws of Swaziland, without regard to its conflicts of law principles. The Swaziland Health Research [SHR]'s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use shall derogate the Swaziland Health Research [SHR]'s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Swaziland Health Research [SHR] with respect to such use. We may provide notices to you via postings on the Site, via email or via any other means of communication for which you have provided contact information. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by the Swaziland Health Research [SHR] shall be deemed a further or continuing waiver of such provision or any other provision, and the Swaziland Health Research [SHR]'s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written. If there is any discrepancy between the English version and other language versions of these Terms of Use, the English version shall prevail.

Effective Date: July 2015

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