Terms of Use

This website is operated by Insmed ("Insmed" or "we" or "us").These terms of use ("Terms of Use") apply to your use of this Website www.willowstudyportal.com ("Website").

By registering to receive information about the Willow Study or otherwise using the Website, accessing content or using our services, you confirm that you have read and understood and agree to all of the following Terms of Use. If you do not agree with the Terms of Use, please do not use the Website.

If you have been provided access to password restricted areas of the Website, your ability to access the password restricted areas of the Website is contingent on your continuing relationship with Insmed and your ongoing compliance with these Website Terms of Use.

You acknowledge that you have read and understood these Website Terms of Use and you accept that they constitute an agreement which is legally binding upon you.

1. Services

The purpose of this Website is to provide information on Non-Cystic Fibrosis Bronchiectasis (NCFBE) and the Willow Study. The content provided through this Website is for informational purposes only and is not intended as a substitute for concrete medical advice from a medical professional.

2. Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable, licence to access and use the Website in accordance with these Website Terms of Use. We may terminate this limited licence at any time and for any reason.

3. Accounts and Security

In order to access all services and content you may be required to register with us or open an account. You are responsible for maintaining the confidentiality of any user name and password issued in connection with that registration or account, and for all activity which occurs on the Website under that registration or account. You must not use any third party’s username or password at any time without their express permission.

4. Disclaimer of Warranties

Terms, conditions, warranties and guarantees implied by law (including the Consumer Guarantees Act 1993) may apply to these Terms of Use to the extent required by those laws (Non-Excludable Guarantees). Nothing in these Terms of Use restricts, excludes or modifies, or purports to restrict, exclude or modify, any Non-Excludable Guarantee.

Subject to the foregoing, the Website is provided “as is”. Insmed and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied. Neither Insmed nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk and you assume all responsibility for determining whether the information provided by Insmed and the Willow Study is appropriate for you.

5. Limitation of Liability

In no event will Insmed, or its suppliers or licensors, be liable with respect to any content, materials, or any other matter under these Terms of Use under any contract, negligence, tort, strict liability or other legal or equitable theory for: (I) any special or indirect, incidental, punitive or consequential damages; (II) the cost of procurement for substitute products or services or; (III) for interruption of use or loss or corruption of data, arising out of or in connection with these Terms of Use, whether or not the party has been advised of the possibility of such damages. Insmed shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In the event of slight negligence, Insmed shall not be liable to other businesses and shall be liable to consumers only for personal damages. Insmed shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

6. Intellectual Property Rights

As between you and us, you acknowledge that we are the owner of all present and future right, title and interest in and to the Website (and all underlying software) and the content provided by Insmed through the Website, including, without limitation, all forms of copyright, patents, trade marks, service marks, designs, trade secrets, know-how and confidential information (Intellectual Property Rights). You must not in any way challenge or impair our ownership of, or right to, these Intellectual Property Rights. In particular, no part of the Website, nor content, may be copied or disseminated or used in any manner whatsoever without the prior written agreement of Insmed. Any use or modification of the Website or the content provided through the Website for purposes for which they were not intended is prohibited. All rights not expressly granted to you in these Terms of Use are reserved by Insmed.

7. Acceptable Use

You must comply with all applicable laws, rules and regulations while accessing or using the Website. In particular, you must not:

  • (a) use the Website to defame, abuse, harass, stalk, threaten or promote violence or other actions which are threatening toward any other person or entity, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity;
  • (b) interfere with or disrupt the operation of the Website or use the Website in any way or take any action that causes, or may cause, damage to Insmed, the Website or impairment of the performance, availability or accessibility of the Website;
  • (c) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express prior written consent;
  • (d) access or otherwise interact with the Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
  • (e) license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Website (or any underlying software) or any access to or use of the Website or any content;
  • (f) modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Website (or any underlying software);
  • (g) infringe, challenge or impair a third party’s Intellectual Property Rights or remove any copyright, trademark or other proprietary rights notice from the Website or any materials available through the Website;
  • (h) frame or mirror any part of the Website without Insmed’s express prior written consent; or
  • (i) systematically download or store content from the Website without Insmed’s express prior written consent.

You agree that Insmed may, in its sole discretion and without any prior notice to you, block your access to or use of the Website if we determine that you have failed to comply with these Terms and Conditions in any way.

8. Third Party Sites

The Website may contain links to other independent third-party websites (Third Party Sites). Such Third Party Sites are not under our control, and Insmed is not responsible for, and does not endorse or make any recommendation in respect of, the content of any such Third Party Sites, including the information or materials contained on such Third Party Sites.

9. Indemnification

You agree to indemnify and hold harmless Insmed, its directors, officers, employees, contractors, and its suppliers and licensors, and their respective directors, officers, employees and agents from and against any and all claims, loss, damages and expenses (including attorneys’ fees), arising out of or in connection with your use or misuse of the Website or the content, including but not limited to your breach of these Terms of Use.

10. Privacy Policy

To the extent that we collect, store, use and disclose any of your personal information, we will do so in accordance with our privacy policy available at willowstudyportal.com/en-NZ/public/Home/PrivacyPolicy as updated from time to time (Privacy Policy). By using the Website, or by continuing to use the content, you also agree to be bound by our Privacy Policy.

11. Changes

Insmed reserves the right, at its sole discretion, to modify or replace any part of these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Insmed may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this these Terms of Use.

12. Contact

If you have any questions or need support in connection with this Website please contact us at info@willowstudyportal.com.

13. Applicable Law

These Terms of Use and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website shall be governed by the laws of New Zealand, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. The parties unconditionally submit to the non-exclusive jurisdiction of the courts located in New Zealand to adjudicate any disputes arising out of or in connection with these Terms of Use.

14. Severability

Should any provisions of these Terms of Use be declared void or unenforceable, the remainder of the Terms of Use shall remain in full force and effect.
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