3. Communications. EXCEPT FOR ANY DISCLOSURE BY YOU FOR TECHNICAL SUPPORT PURPOSES, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding any of the Certara Companies or any of their products or services that users communicate to any of the Certara Companies (“Feedback”) will be deemed, at the time of communication to such Certara Company, the property of such Certara Company. Such Certara Company shall be entitled to full rights of ownership, including, without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you or your employer. You and your employer, as applicable, are solely responsible for the content of your communications and the legality of the same under all laws and regulations. You agree not to use the web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. The treatment of personally identifiable information that we collect when you are on the web site is subject to our Privacy Statement.
6. Links to Other Sites. Links to third party sites made at the web site (collectively, “linked sites”) are not under our control, and we are not responsible for the contents of those sites. Linked sites are provided to you only as a convenience, and inclusion of a link does not imply endorsement or representation of the linked site or any information, materials, goods or services located on that site or any sponsorship, affiliation or association with its operators. If you decide to access any of the linked sites, this is done entirely at your own risk. You acknowledge and agree that none of the Certara Companies are responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any linked site. Domain names and trademarks of linked sites, or contained in information accessed at linked sites, are the sole property of their respective owners. Certara Companies reserve the right to terminate any link at any time. EACH AND EVERY CERTARA COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY LINKED SITE, INCLUDING, BUT NOT LIMITED TO, ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our “Designated Copyright Agent” with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the web site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Designated Copyright Agent may be contacted as follows:
c/o Tripos, L.P.
1699 South Hanley Rd., Suite 200
St. Louis, MO 63144
8. Indemnity. You agree to indemnify, defend and hold each of the Certara Companies harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with user access and/or use of this web site.
9. Limitation of Liability. IN NO EVENT SHALL ANY OF THE CERTARA COMPANIES OR ANY OF THEIR RESPECTIVE SUPPLIERS, EMPLOYEES, AGENT OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, GOODWILL, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ONE OR MORE CERTARA COMPANIES OR ANY OF THEIR SUPPLIERS, EMPLOYEES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SITE MATERIALS OR OTHER CONTENTS OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
10. Disclaimer. None of the Certara Companies assumes any responsibility for accuracy, correctness, timeliness, or content of the site materials provided on this web site. You should not assume that the site materials on this web site are continuously updated or otherwise contain current information. No Certara Company is responsible for supplying content or materials from the web site that have expired or have been removed.
You understand and agree that you, and all other users of the web site, must accept responsibility for your own acts, and you agree that an act by another user that injures you cannot be blamed on any Certara Company. Further, you understand the inherent risks associated with operating a web site and that we would not be able to maintain web site if we would be liable for such inherent risks as usability problems, system failure or similar errors. Accordingly, in addition to the disclaimers herein, we must make the following disclaimers and ensure that our liability for any problems connected with the web site is strictly limited, indemnified and released.
YOU UNDERSTAND AND AGREE THAT (A) THE WEB SITE, AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; (B) EACH CERTARA COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS; (C) CERTARA COMPANIES MAKE NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE; AND (D) NONE OF THE CERTARA COMPANIES WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NONE OF THE CERTARA COMPANIES IS RESPONSIBLE FOR THOSE COSTS. NONE OF THE CERTARA COMPANIES SHALL BE RESPONSIBLE FOR ANY THIRD PARTY MATERIAL ON THE SITE.
11. Export Restrictions. The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws and regulations apply to this web site which prohibits the export or re-export of content, products, services, and technology to certain countries and persons. User agrees to comply with all export laws, regulations and restrictions of the United States and any foreign agency or authority and assume sole responsibility for any such unauthorized exportation.
12. Applicable Laws. All matters relating to your access and/or use of this web site shall, in all respects, be governed and construed in accordance with the substantive laws of the State of Missouri, U.S.A. You and your employer, if applicable, and each of the Certara Companies consent to the jurisdiction of the courts, state or federal, of the County of St. Louis, State of Missouri, by personal service of process at the parties’ respective principal place of business or registered agent, and agree that any legal action brought by any party surrounding your use of this web site shall be brought in the courts, state or federal, in the County of St. Louis, State of Missouri. Each party hereto waives any objection to venue and hereby submits to the personal jurisdiction of such courts.