These Terms and Conditions of Use (the "Terms of Use") apply to the Apple web site located at www.researchandcare.org (the "Site"). The Site is the property of Apple Inc. ("Apple") and its licensors. By using this site you acknowledge that you have read, understand, and agree to be bound by the Terms of Use. If you do not agree to these terms, please do not use this website.
Apple reserves the right, at its sole discretion, to revise these Terms of Use and any of the information contained in the Site at any time. Your continued use of the Site following any changes means that you accept and agree to the changes. As long as you comply with these Terms of Use, Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Web site, or other medium for publication or distribution or for any commercial enterprise, without Apple’s express prior written consent.
Your Use Of The Site
You agree to use the Site only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. You may not use any “deep-link," “page-scrape," “robot," “spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Apple reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Apple server, or to any of the services offered on or through the Site, by hacking, password “mining," or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Apple, including any Apple account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, 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 Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Apple’s systems or networks, or any systems or networks connected to the Site or to Apple.
You agree that you will confirm the accuracy and completeness of the information on the Site before using it to make decisions relating to services, products, or other matters referenced on the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Apple on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site 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 Apple or others.
You may not share, assign, or transfer your access to the Site.
Accounts, Passwords, And Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Apple ID 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 Apple 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 Apple or any other user of or visitor to the Site due to someone else using your Apple ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Apple ID, password or account at any time without the express permission and consent of the holder of that Apple ID, password or account. Apple cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Apple’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Read more about Apple’s Privacy Policy . Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure.
Disclaimer Of Warranties; Limitation Of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SITE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY:
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE DATA OR INFORMATION PROVIDED BY THE SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
Limitation Of Liability
APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SITE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) APPLE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE (II) ANY CHANGES MADE TO THE SITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SITE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SITE (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; AND (VI) ANY OTHER MATTER RELATING TO THE SITE.
Indemnification
You agree to defend and indemnify Apple and Apple's subsidiary and affiliated companies, employees, officers, directors, and agents from any and all losses, damages, liabilities, costs, and reasonable expenses (including but not limited to attorneys' fees), in connection with or arising out of (a) your use of the Site and/or any Materials, and/or (b) your violation of applicable law or these Terms of Use.
Compliance With Laws
You warrant that all actions taken by you with respect to this Site and its contents (including the Materials) will comply with all applicable laws, including but not limited to any applicable laws regarding export compliance.
Governing Law
These Terms of Use and the resolution of any dispute arising under or concerning it shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.
Feedback And Information
You acknowledge that Apple may, currently or in the future: (i) make or use goods, services, or technologies that compete with You; (ii) develop information internally or receive information from other parties that may be similar to Your [submitted app or study] information; or (iii) evaluate, invest in, or do business with Your competitors or potential competitors. Apple’s receipt of Your [submitted app or study] information will not restrict such activities.
Any feedback you provide at this Site will be deemed to be non-confidential and not proprietary. Apple will be free to user redistribute such information on an unrestricted basis, without any compensation to you.
Miscellaneous
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. These Terms of Use constitute the entire agreement between you and Apple with regard to your use of the Site, and/or any and all other written or oral agreements or understandings previously existing between you and Apple with respect to such use are hereby superseded and cancelled. Apple’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Apple of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Apple and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.