Terms of Use

All use of this website and its materials is strictly governed by the following binding terms of use:

Touro University by and through this website Project Zikaron (the “Site”) provides user access to materials. By accessing, searching on or otherwise using the Site, you signify your agreement to the following terms of use (the “Terms of Use”), which constitute a binding agreement, and your use of the Site is expressly conditioned on your acceptance of and compliance with these Terms of Use. The digitized copies provided on the Site have been collected and made available to the public at considerable expense. Some of these materials have entered the public domain; others have been provided on the Site with the permission of the copyright owners for use on strictly limited terms. For this reason, your use of the Site is governed by the strict and limited license set out in these Terms of Use.

1. Limited License: Touro University hereby grants you a limited, nonexclusive right and license, solely for your personal use, to use the Site view, download individual pages, and print individual pages, subject to the following restrictions:

(a) No commercial use: a Publication may be used for personal use (including educational use) and not for any commercial purpose;

(b) No resale: you may not sell a copy of any Publication (or bundle any Publication with any other product that is sold for a fee), and you may not charge any fee for the use of any Publication; and

Subject to applicable law, you may distribute print or electronic copies to any third party free of charge for personal use only and for use in accordance with the terms of this license. If you distribute copies to any third party, you must retain any attribution notices that appear in such copies, and you must provide the third party with a complete copy of the limited license set out in this Paragraph 1 of these Terms of Use, including the restrictions on further distribution.

Aside from the limited license granted under Paragraph 1 of these Terms of Use, you may not sell, license, or otherwise redistribute any material that is provided on the Site and nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right to use any copyright, patent, trademark, or other proprietary right of Touro University or any third party.

You may also not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content for a commercial purpose; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content except as stated herein.

2. Registration and Access Controls: If you utilize your Touro credentials and/or Touro requests registration information from you to use this site, you must provide accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

You are responsible for maintaining the confidentiality of your user account login names and passwords and must not permit use of your account by anyone other than yourself. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately.

3. Limitations on Use of the Site: You shall not use or introduce into the Site any device, software, or routine that could damage or interfere with the operation of the Site. You shall not directly or indirectly take any action to interfere with the operation of the Site, including by way of example and not limitation, conducting search queries that the Touro University reasonably determines to be abusive, or using any scraper, robot, spider, or other automated mechanism to access the Site or to download (as defined below). You may not access the code of the Site or reverse engineer the Site. The contents of the Site, its code and the look and feel of the Site are the intellectual property of Touro University.

4. Monitoring: Touro University reserves the right to monitor your use of the Site and to monitor your compliance with these Terms of Use. You acknowledge and hereby consent to such monitoring. Touro University reserves the right to terminate your access to and use of the Site if, in Touro University’s reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

5. Restrictions; Indemnification: You warrant that you will not use the Site to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon the rights of Touro University, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You agree to defend, indemnify, and hold harmless Touro University and its officers, directors, employees, agents, assigns, and licensors from any and all claims, demands, liability, judgments, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to any breach of any warranty, representation, covenant, or agreement made by you in these Terms of Use.

6. Changes to Terms of Use. Touro University reserves the right to change, modify, or remove content from the Site without prior notice, due to technical, regulatory, or business limitations or for any other reason. Touro University may modify these Terms of Use at any time and at its sole discretion, and such modifications shall be effective immediately upon posting of the modified policies, terms and conditions on the Site.

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

Change or discontinue the Services.
Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge).
Remove Content from the Services.
Restrict, suspend or terminate your access to one or more Services or features thereof.
Deactivate your accounts and delete all related information and files in your accounts.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access to any of the Services, you must immediately stop using such Service.

7. Indemnification

You will defend, indemnify and hold harmless Touro University, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Touro Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you). Touro University retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without Touro University’s prior written approval.

8. Disclaimers; Limitation of Liability

THE TOURO PARTIES DO NOT REPRESENT OR WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE CBS INTERACTIVE PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE TOURO PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

THE TOURO PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, PANDEMIC, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE TOURO PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER TOURO SERVICE, PROPERTY, PRODUCT, PROGRAM, OR OTHER ACTION OWNED OR CONTROLLED BY THE TOURO PARTIES.

9. Governing Law, Venue, and Jurisdiction

These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, except New York's conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

By accessing and/or using the Site, the internet user agrees that any dispute, controversy, or claim arising out of or relating to this Agreement shall be exclusively heard and settled by expedited non-binding mediation in New York, New York, administered by JAMS or another reputable organization engaged in alternative dispute resolution (“ADR Organization”). The ADR Organization shall be chosen by Touro, in its sole and absolute discretion. Such mediation shall be conducted before a single neutral mediator. The mediator shall be chosen by Touro, in it’s sole and absolute discretion. The costs of such mediation shall be borne equally by the parties, and each party shall be responsible for their own attorney fees. If upon completion of mediation, all or any part of the dispute remains unresolved, the Contractor’s only available recourse will be to proceed to binding arbitration before JAMS or another ADR Organization chosen by Touro in its sole and absolute discretion. A single arbitrator will be chosen by Touro, in its sole and absolute discretion, and the arbitration will take place in New York, New York. The cost of the arbitration shall be split equally between the parties, with each party responsible for their own attorney fees. The removal of a matter from mediation to binding arbitration shall be triggered, and the time therefore shall commence, on the earliest date of (a) the date when the mediation ended without fully resolving the dispute at issue, or (b) the date on which either party gives written notice to the other of impasse. The laws of New York State shall apply without regard to its conflict of law provisions.

Regardless of any statute or law to the contrary, you must file any claim or action related to the use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

10. Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

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