Site Terms

This Web Site is made available under the following terms:

1. Persons who access, use or contribute to the Elan Vital, Inc. ("EVI") Web Site at http://www.elanvital.org  ("Users") hereby agree to the terms governing their usage set forth below (except for reading this agreement for the first time).

2. If a User contributes material to the EVI Web Site, he or she grants EVI a royalty-free, irrevocable, continuous, non-exclusive license and right to use any and all rights under any copyrights, publicity rights, trademark, and other proprietary rights embodied in such material, in whole or in part, worldwide, and/or to incorporate said material in other works in any medium now known or hereafter developed for as long as any such copyright or similar right may exist in such material. User also consents to other Users accessing the EVI Web Site to view, store or reproduce the material for that person's personal use.

3. The EVI Web Site contains copyrighted and trademarked materials and other proprietary information. The entire contents of the EVI Web Site is copyrighted as a collective work. Except as otherwise expressly permitted in this paragraph, no User may copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, without Elan Vital's prior express written and signed consent. Provided a User maintains the copyright notice attached to material, he or she may download said material. Such material may be stored on the User's computer or one copy printed out for the User's personal non-commercial use only. Redistribution and re-publication without the express written consent of EVI is prohibited.

4. If any User contributes to the EVI Web Site, EVI is not responsible for any errors or omissions in such material. The User contributing material confirms to EVI that all materials submitted to EVI are lawful, do not infringe any copyright or trademark, and are not libelous or obscene. The User contributing material shall be solely liable for any injury or damage resulting from their submitted materials and shall indemnify and hold EVI harmless from and against any injury or damage from the materials.

5. If a User proposes to submit copyrighted material, he or she must obtain permission from the original author to use his or her copyrighted materials.

6. The EVI Web Site is provided in its "as is" condition. EVI makes no warranties, either express or implied, or guarantees of any kind.

7. The User acknowledges that EVI is not liable for any defamatory, offensive, or illegal conduct of any other individuals who access or use its Web Site. EVI is specifically not liable for a User's ability or inability to access or use its Web Site.

8. EVI retains the right to terminate or modify the terms and conditions of this license agreement at any time. Any use of the EVI Web Site after such changes shall be deemed an acceptance of the changes. EVI may change or discontinue any aspect of its Web Site at any time.

9. This license agreement shall be governed by and construed under the laws of the State of California.

By using the EVI Web Site, the User agrees to the above terms and agrees further that EVI has fulfilled its obligations under this agreement by providing the User with access to its Web Site.

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