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QualityMetric Incorporated

TERMS OF USE

Last Review: 09/11/03
Last Update: 09/11/03

Agreement

By using the www.sf-36.org web site, you are agreeing to be bound by the terms and conditions of this agreement. If you do not want to be bound by this agreement, please do not use the www.sf-36.org web site. QualityMetric Incorporated may change this agreement at any time. Those changes will be effective immediately upon posting of the modification(s) on the home page of the site. The "last updated date" will always be prominently displayed at the top of this agreement. You agree to review this agreement from time-to-time to make sure that you are aware of any changes. Your continued use of www.sf-36.org indicates your acceptance of the modified agreement.

License

We give you the right to view and use this Web site for your personal use only, subject to the terms and conditions of this Agreement, the Privacy statement, the Disclaimer and Copyright. Anyone wishing to use this site or one of our surveys in any other manner must obtain written consent or a license from QualityMetric Incorporated.

Contact us for more information at:
640 George Washington Highway
Suite 201
Lincoln, RI 02865
or telephone us at 401-334-8800
or email us at license@qualitymetric.com.

Usage Rules

You agree that you will not use this site for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to all or part of the site at our sole discretion. You may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the site using your account for any purpose.

Indemnification

You agree to indemnify, defend and hold harmless QualityMetric Incorporated, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages, injuries and costs. This includes reasonable attorney's fees, resulting from any violation of this agreement or any activity related to your usage (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing sf36.com using your user name and password.

Data Quality

The user is responsible for the completeness and accuracy of any information they submit to be scored on www.sf-36.org. You are responsible for understanding and interpreting your survey and scoring results. QualityMetric Incorporated is not responsible or liable for incorrectly scored data or any conclusions, statements or claims made based on the incorrect usage or interpretation of our scoring tools.

Waiver, Release and Limitation of Liability

You agree that neither QualityMetric Incorporated, nor its officers, directors, employees, agents, information providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of www.sf-36.org. You hereby release and forever waive any and all claims you may have against QualityMetric Incorporated, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of QualityMetric Incorporated, its officers, directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of sf36.com.

User Representations

You represent and warrant that you are at least 18- years old and that you possess the legal right and ability to enter into this Agreement and to use www.sf36.com in accordance with this Agreement. You agree to comply with your responsibilities and obligations as stated in this Agreement.

Links

This web site contains links to other sites. Please be aware that we, QualityMetric Incorporated, are not responsible for the privacy practices or content of such other sites. We encourage our users to be aware when they leave our site, www.sf-36.org and to carefully read the privacy statements of each and every web site that collects personally identifiable information because they may differ. This web site's privacy statement applies solely to the web site www.qmetric.com.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island. You agree that any legal action or proceeding between QualityMetric Incorporated and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Providence, RI Any cause of action or claim you may have with respect to sf36.com must be commenced within one (1) year after the claim or cause of action arises. QualityMetric Incorporated's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. QualityMetric Incorporated may assign its rights and duties under this Agreement to any party at any time without notice to you.

Notice

QualityMetric Incorporated may deliver notice to you under this Agreement by means of electronic mail, a general notice on sf36.com or by written communication delivered by first class U. S. mail to your address on record in your QualityMetric Incorporated user information. You may give notice to QualityMetric Incorporated at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:


QualityMetric Incorporated
640 George Washington Highway
Suite 201
Lincoln, RI 02865
U.S.A
Attn: sf-36.org

Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.


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