Terms of Use
Posted: April 20, 2008
We are pleased that you are taking advantage of the materials provided by this website. By using any of these materials (hereinafter referred to as "these Materials"), you agree to be bound by the following terms and conditions.

1. Acceptance of Terms
We are providing these Materials to you subject to the following Terms of Use ("TOU"). If you do not agree to these terms and conditions of use, please do not use this site. It is your responsibility to regularly review these TOU. They may be updated from time to time without notice to you, and those updates become effective when posted. If you continue to use the site after we have posted changes to these TOU, it means you have accepted those terms. If you have questions and would like to contact us with regard to this, please email us at feedback@planeteureka.com.

2. Your Registration Obligations
In consideration of your use of these Materials, you agree to: (a) provide true, accurate, current and complete information about yourself to the extent we request it and (b) maintain and promptly update any account data you may provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right the right to suspend or terminate your account and refuse any and all current or future use of these Materials (or any portion thereof).

3. Privacy Policy
We are very concerned about the safety and privacy of all users. Your account information and other information we collect about you are subject to our Privacy Policy below.

Merwyn Research Inc. will not share or sell your personal contact information. Communication between you and others in the marketplace will take place through the marketplace email interface so others cannot see your email address in email conversations. However, if you disclose your contact information in public areas of the site - it will be seen by other members of the marketplace.
(a) Exception for Government Surveys: Our government partners may choose to survey you to understand the impact of the marketplace and the state of the nation's innovations.

4. Member Account, Password and Security
You will establish a username and password when you set up your account with us. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password. If you feel your password is no longer secure, you should change it immediately. We cannot and will not be liable for any loss or damage arising from the unauthorized use of your password.

Limitations on User Accounts
Usage of our site is strictly limited to individuals at subscribing institutions. Subscribing users are prohibited from publishing or in any way communicating their usernames and passwords to non-subscribing individuals. Posting of usernames and passwords on websites, emails, newsletters or any other types of electronic or print media is in violation of this policy.

5. Permitted Use
Subject to these TOU, we hereby grant you the right to access and use these Materials. We retain all rights with respect to our services and content except those expressly granted to you in this agreement. With respect the the Merwyn Business Simulation Research report specifically, we own the rights to the report, testing methodology and format. The idea is the property of the inventor. We grant you, the inventor, a license to share and use the research report however you see fit. The content and software on this website are the proprietary property of others and are protected by U.S. and international copyright and other intellectual property laws.

6. No Unlawful or Prohibited Use
As a condition of your use of these Materials, you warrant to us that you will not use these Materials for any purpose that is unlawful or prohibited by these TOU. You agree not to use these Materials in any manner that could damage, disable, overburden, or impair us. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through us.

7. Member Conduct
As a user of this website you agree to the following rules of conduct and that any content that you upload, post, or otherwise transmit:

a. shall not restrict or inhibit any other user from using or enjoying this website;
b. shall not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. shall not be obscene or contain child or other pornography;
d. shall not violate any law, statute, ordinance, or regulation;
e. shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
f. shall not be content that you do not have a right to transmit under any law or under contractual or fiduciary relationship;
g. shall not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. shall not interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website.

8. Public and Private Content Posted
We retain the right to monitor all content posted to this website and shall have the right in our sole discretion to refuse or to remove any content that violates these TOU or is otherwise objectionable.

We may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of this website, its users and the public.
Reports published to the Innovation Marketplace are shared as either full reports or as short form reports. If a report is made public - MRI has the right to use the report as part of training programs and materials or publishing/broadcasting projects, even if the report is later made private. Reports published to the Innovation Marketplace can remain published for as long as the marketplace exists. MRI reserves the right to discontinue the marketplace at any time.

9. Information Not Verified
You acknowledge that it is not feasible for this website to review the personal information for all users of this website, nor to review all third-party content and postings on this website. Accordingly, this website cannot and does not confirm the accuracy of such information, content or postings and you are advised to exercise a reasonable degree of caution in dealing with such information, content or postings and other users on this web site.

10. Links
This website contains links to other Web sites or resources. Because this website has no control over such sites and resources, you acknowledge and agree that this website is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that this website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Furthermore, should you choose to register or create an account on other sites accessed from this website, whether this website business partners or otherwise, you have full responsibility for understanding and agreeing to their terms of use and privacy and security policies with regard to any personally identifiable information you provide them and activities you perform on their sites. This website is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. a. WITHOUT LIMITING THE FOREGOING, THIS WEBSITE MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.

12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

14. Indemnification
You agree to indemnify and hold this website and its subsidiaries, affiliates, partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this website, your use of this website, your connection to this website, your violation of these TOU, or your violation of any rights of another.

15. General Practices Regarding Use and Storage
You acknowledge that this website may establish general practices and limits concerning use of this website, including without limitation the maximum number of days that any uploaded content will be retained by this website and the maximum number of times (and maximum duration for which) you may access this website in a given period of time. You agree that this website has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by this website. You acknowledge that this website reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that this website reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

16. Termination
You agree that this website, in its sole discretion, may terminate your username and password, account or use of this website, and remove and discard any content within this website, for any reason, including, without limitation, for lack of use or if this website believes that you have violated or acted inconsistently with the letter or spirit of these TOU. This website may also in its sole discretion and at any time discontinue providing this website, or any part thereof, with or without notice. You agree that any termination of your access to this website under any provision of these TOU may be effected without prior notice, and acknowledge and agree that this website may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this website. Further, you agree that this website shall not be liable to you or any third-party for any termination of your access to this website.

17. Intellectual Property
This website and other logos and product and service names are trademarks and servicemarks of Merwyn Research, Inc. You acknowledge that Merwyn Research, Inc. is the sole owner of the entire right, title and interest in the trademarks and servicemarks and reserves all rights to the use of such marks. All other trademarks and servicemarks appearing on this website are the property of their respective owners. Unless otherwise noted, all other aspects of this website are either copyrighted or are the proprietary information and/or design of this website and Merwyn Research, Inc. is the sole owner of the entire right, title and interest to such intellectual property rights.

18. Intellectual Property Infringement Claims
It is our policy to respond to claims of intellectual property infringement. This website will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, this website will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to Corie Spailek and mailed to 3849 Edwards Road, Newtown, Ohio, 45244.
Please put "Notice of Infringement" on all such notifications. When this website removes or disables access to any material claimed to be infringing, this website may attempt to contact the owner/administrator of the site that contains such material in order to provide an opportunity to respond to the notification, although this website makes no promise to do so. Any and all counter notifications submitted by the owner/administrator of the site will be furnished to the complaining party. This website will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before this website replaces or restores access to any material as a result of any counter notification.

19. General Information
These TOU constitute the entire agreement between you and this website and govern your use of the this website services. These TOU and the relationship between you and this website shall be governed by the laws of the State of Ohio without regard to conflict of law provisions. You and this website agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton, Ohio. The failure of this website to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that accounts on this website may not be assigned without the prior written consent of this website.

The section titles in these TOU are for convenience only and have no legal or contractual effect.