THESE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) APPLY TO THE WEB SITES OWNED AND OPERATED BY MODULAR R&D LLC (“MODULAR”) AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SITES LOCATED AT WWW.MODULARRANDD.COM AND WWW.CHINACRODIRECTORY.COM (COLLECTIVELY, THE “SITES”). BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITES.
1. GENERAL RULES AND DEFINITIONS
1.1. If you choose to use any of the Modular Sites, or any of the features of the Sites, you will be agreeing to abide by all of the terms and conditions of these Terms of Use between you and Modular.
1.2. Additional terms and conditions may apply to purchases of specific services and/or specific portions or features of the Sites, which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific Services.
1.3. Modular reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. In addition, we may post additional terms of use to current and future Modular services or products associated with individual sites. It is your responsibility to check these Terms of Use periodically. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes.
1.4. The territory for these Terms of Use shall be the entire world.
2. CONTENT
2.1. All content in the Modular Sites, including text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, user interfaces, visual interfaces, trademarks, and computer code (collectively, the "Content"), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is the property of Modular R&D, its affiliated companies and relevant licensors and content suppliers. These contents are protected by United States and international copyright, trade dress and other intellectual property laws.
2.2. modularrandd.com, chinacrodirectory.com, chinaranddreader.com, Modular R&D, China CRO Directory, China CRO 2008, China CRO 2009, China CRO 2010, Modular R&D Products, Modular CRO Profiles and other modularrandd.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Modular R&D in the U.S. and/or other countries. Modular's trademarks and trade dress may not be used in connection with any product or service that is not Modular's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Modular. All other trademarks not owned by Modular that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Modular.
2.3. Except for those portions of the Sites requiring paid access, Modular may change, suspend or discontinue any aspect of the Modular Sites at any time, including the availability of any feature, database, or content. Modular may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
3. YOUR USE OF THE SITES
3.1. You may download or copy the Content and other downloadable items displayed on the Sites for your own use, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Modular, or the copyright holder identified in the copyright notice contained in the Content.
3.2. You may not modify, reproduce, create new works from, translate, encode, republish, upload, post, publicly display, transmit, participate in the transfer or sale of, distribute, or in any way exploit, any of the Content in whole or in part to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Modular's express prior written consent.
3.3. You may not engage in systematic retrieval of Content from the Sites, using techniques including but not limited to robots, spiders, crawlers or other automated downloading programs or devices, to create or compile, directly or indirectly, a collection, database or directory without written permission from Modular.
3.4. You may not harvest postal or email addresses from the Sites for purposes of sending unsolicited or unauthorized commercial material.
3.5. You may not attempt to, or assist another person to, gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Modular server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means. You shall not access or attempt to access a user account that you are not authorized to access.
3.6. You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Modular, including any Modular account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.
3.7. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Modular without express written consent. You may not use any meta tags or any other "hidden text" utilizing Modular's name or trademarks without the express written consent of Modular.
3.8. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Modular's systems or networks, or any systems or networks connected to the Sites or to Modular.
3.9. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person's use of the Sites.
3.10. You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Modular or others.
3.11. You agree that Modular may, in its sole discretion and without prior notice, terminate your access to the Sites, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Sites or any service offered on or through the Sites, or (4) unexpected technical issues or problems.
4. ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Sites may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Modular immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Modular or any other user of or visitor to the Sites due to someone else using your account, password or account as a result of your failing to keep your account information secure and confidential.
5. PRIVACY
Modular's Privacy Policy applies to use of the Modular Sites, and its terms are made a part of these Terms of Use by this reference. To view Modular's Privacy Policy, go to http://www.modularrandd.com/legal/privacy.html
6. LINKS TO OTHER SITES
The Modular Sites may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Modular's control, and Modular is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
7. DISCLAIMERS
MODULAR DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. MODULAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MODULAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODULAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES AND/OR ANY MODULAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MODULAR FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT.
8. LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Modular be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Modular has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Modular is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content, Modular's liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against Modular. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
9. INDEMNITY
You agree to indemnify and hold Modular, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Modular by any third party due to or arising out of or in connection with your use of the Sites.
10. VIOLATION OF THESE TERMS OF USE
If Modular takes any legal action against you as a result of your violation of these Terms of Use, Modular will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Modular. You agree that Modular will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms of Use.
11. MISCELLANEOUS
These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
This Terms of Use is subject to change without notice. Any changes will be posted on this web site and take effect upon posting. If you have any questions about this document, please contact us at: legal@modularrandd.com
Revision August 1st, 2010