NIH Sales, Inc.

Privacy Policy and Terms of Use

for NaviGRANT^TM Website Services

IMPORTANT!  PLEASE READ CAREFULLY.

NIH Sales, Inc. reserves the right to change the NaviGrant website services Privacy Policy or Terms of Use at any time. Any revised Privacy Policy or Terms of Use will be posted on the web site. Please check these terms periodically for changes.  Your continued use of the web site following the posting of a revised Privacy Policy or Terms of Use will mean you accept those changes.

PRIVACY POLICY

NIH Sales respects the privacy of its users and takes the privacy of all user information seriously. NIH Sales makes every effort to conform to the Federal Trade Commission (FTC)'s Fair Information Practice Principles, and privacy guidelines of countries in both the U.S. and abroad.

When you visit our site, we may collect personally identifiable information, including name, address, and email address.  Your email address and details on your personally identifiable search terms or market baskets will not be provided or sold to any third parties whatsoever except in the following limited circumstances:

· Business Transitions.  In the event we go through a business transition such as a merger, being acquired by another company, or selling a portion of our assets, in most instances your personal information will be part of the assets transferred.

· Other Circumstances.  Due to the existing regulatory environment, we cannot ensure that all of your communications and other personal information will always remain confidential.  We will release personal information if we believe that such action is appropriate to:  (a) comply with legal process, (b) enforce this Agreement or any other agreement you have with NIH Sales, or (c) identify, contact or bring legal action against persons or entities who may be causing injury to us or a third party, or to otherwise protect the rights, property or personal safety of NIH Sales, its employees, other users of the NaviGRANT website or any other NIH Sales website, or any other person or entity.

Perfect security does not exist on the Internet and we do not guarantee security of information or that unauthorized access will not occur.  Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties.  In addition, third parties beyond our control may unlawfully intercept or access transmissions or private communications.  Therefore, while we will take reasonable and customary measures to protect privacy, we do not promise, and you should not expect, that your personal information or communications will always remain private.

We also may collect certain non-personally identifiable information when you visit many of our Web pages, such as the type of browser you are using, the type of operating system you are using, (e.g., Windows, Linux, or Mac OS), and the domain name of your Internet service provider and we may aggregate this information and other information from you and other users.  We may share such non-personally identifiable information and aggregate information with third parties.

We may contact you under the following circumstances (and by providing your contact information, you expressly consent to such contact):  (a) to make service announcements (e.g., to announce a new feature of the site or notify you if the service is temporarily suspended for maintenance); (b) to respond to communications from you or to notify you of issues relating to your account; and (c) under the Other Circumstances explained above.

TERMS OF USE

THESE TERMS OF USE FOR THE WWW.NAVIGRANT.COM WEBSITE ("AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU AND G & S RESEARCH.  BY COMPLETING THE REGISTRATION PROCESS AND USING THE WEBSITE TO ACCESS LIFE SCIENCE RESEARCH GRANT INFORMATION (THE “SERVICE”), YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT VISIT THE WWW.NAVIGRANT.COM WEBSITE OR USE THE SERVICE.

Disclaimer of Warranties and Limitation of Liability:

NIH Sales will use good faith efforts to provide timely and accurate information through the Service.  However, due to the sources from which content in the Service is obtained, and the inherent challenges of electronic distribution, there may be delays, omissions, or inaccuracies in such content and the Service. The Service and all content contained in or obtained from the Service (the “Content”) are provided "as is.”  Use of the Service and Content are entirely at your own risk.  If the NIH or any other original source of the Content decides to terminate or limit outside access or usage or if we decide to terminate the Service for any other reason, we will refund your Subscription Fee pro-rata  based on the time remaining in your Subscription Period.

NEITHER NIH SALES, INC., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “CONTENT PROVIDERS”) WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, RELEVANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR THE CONTENT.   IN NO EVENT WILL THE CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY THE SERVICES OR THE CONTENT.  IN NO EVENT WILL THE CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE ON THE SERVICES OR THE CONTENT.  IN NO EVENT WILL THE CONTENT PROVIDERS  BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOSS OF DATA OR FOR LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON THE SERVICE OR THE CONTENT OR BY ANY DELAY OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OR ALL CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, EXPENSE OR DAMAGE AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  Without limiting the foregoing, NIH Sales specifically disclaims: (a) any and all responsibility or liability for the accuracy, completeness, legality, reliability, or availability of the Content; and (b) any responsibility for any non-delivery, mis-delivery, or untimely delivery of the Content or any other information or communications.

Indemnification:

You agree to defend, indemnify, and hold harmless NIH Sales, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service or the Content by you, anyone else using your account, anyone to whom you supply reports with our prior authorization, or from your breach of this Agreement.

Fees and Payments:

If you purchase a subscription to the Service, your subscription will commence upon the date of full payment of your purchase order or our invoice (the “Subscription Fee”) and will continue for the time period for which you have paid in full (the “Subscription Period”).  You may request customization of the Service which we may accept or reject in our sole discretion and, if accepted, will be subject to pre-payment in full and execution of a separate customization agreement.  You may also receive single reports containing Content from the Service by placing an order and paying the applicable one-time fee for each such report.

Right to Cancel Services:

You may cancel a current Subscription Period at any time by notifying NIH Sales in writing at least ninety (90) days prior to the requested cancellation date and you will receive a pro-rata refund based on the time remaining in your Subscription Period on the cancellation date.  In addition, you may cancel your initial Subscription Period (but not any renewal Subscription Period) within seven days of purchase and you will receive a full refund of your Subscription Fee.  Payments for customization services will not be refunded in any event regardless of whether the customization has been started or completed.  Other than as explicitly set forth in this Agreement, all payments are nonrefundable.  You understand and agree that cancellation of your Subscription Period is your sole right and remedy with respect to any dispute with NIH Sales.  This includes, but is not limited to, any dispute related to, or arising out of:  (a) any term of this Agreement or the enforcement or application of this Agreement; (b) any policy or practice of NIH Sales, including any NIH Sales Privacy Policy, or NIH Sales's enforcement or application of these policies; (c) the Service and Content or any change in the Service and Content; (d) your ability to access or use the Service or the Content; (e) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

Limitations on Use and Intellectual Property Rights:

You will not allow any persons other than your employees to access or use the Service or the Content, unless otherwise agreed to by NIH Sales in writing.  You will not distribute the Content or any report or other derivation of the Content to any third party whether for profit or free-of-charge.  You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from the Service or the Content.  You will not frame the Service or the Content in another web page, or use the Service or the Content on any other web site.

You are responsible for maintaining the confidentiality of your password and account information.  You are responsible for all activities that occur in your account, and you agree to notify NIH Sales immediately of any unauthorized account use.  You may not use the Service or the Content for any unlawful purpose or for any purpose other than as expressly authorized herein.  You will not use the Service in a manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service or Content.

The Service and the Content are the property of NIH Sales and are protected by copyright, trade secret, trademark and other intellectual property laws.  You will not attempt to circumvent technological measures employed to control access to the Service or the Content in any manner. You will not create links from any web site or web page to any page within the Service without the prior express written permission of NIH Sales, which permission may be granted or denied in its sole discretion and, if granted, may be subject to certain additional terms and conditions.

Anti-Spam Policy:

Information available on NaviGRANT is from publicly available sources and contains personally identifiable information.  Users agree that they will not use any personally identifiable information such as, but not limited to, name and email address that that may be found on the NaviGRANT website in a manner inconsistent with standard anti-spam business practices.  Personally identifiable information should not be used to distribute unwanted electronic messages.  Users shall not distribute unsolicited email that may be associated with NIH Sales and/or any of its divisions. All recipients of any unsolicited email should be given the opportunity to opt – out. NIH Sales reserves the right to terminate a subscriber’s access and use of NaviGRANT should it be determined that unsolicited commercial email is being distributed with information from NaviGRANT and is not adhering to the CAN-SPAM requirements.

Termination by NIH Sales:

NIH Sales may discontinue, terminate, or change the Service or the Content, or its availability to you, at any time with or without prior notice and you may always terminate your subscription under the conditions stated herein.  In addition to any other remedies available in equity or law to NIH Sales, we may immediately terminate this Agreement and your access to the Service and the Content if you fail to comply with any of the terms and conditions of this Agreement.  If NIH Sales terminates or discontinues your subscription with cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and NIH Sales reserves all other rights available to it for such breach.

Miscellaneous:

Except as may be otherwise provided in another written agreement between you and NIH Sales, this Agreement constitutes the entire agreement between you and NIH Sales with respect to the Service and this Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NIH Sales with respect to the Service.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement.  This Agreement will inure to the benefit of NIH Sales’s successors, assigns and licensees.  The failure of NIH Sales to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.  Headings are included for convenience only and have no legal or contractual effect.

The terms and conditions contained in this Agreement may not be modified by you except in a written agreement signed by an authorized representative of NIH Sales.  If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.  This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the state of Indiana, as if the Agreement was a contract wholly entered into and wholly performed within Indiana.  You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Service or the Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.