AeroSolved Terms of Use
Effective Date: July 18, 2017
These terms and conditions (these “Terms of Use”) apply to your use of the www.intervals.science/resources/aerosolved pages and all documents, Web subpages, and other Content (as hereinafter defined) hosted thereon and thereunder (the “Site”). Philip Morris Products, S.A. (“PM”) and its Affiliates and subcontractors will operate the Site and provide and update the Content on the Site. As used in these Terms of Use, “Content” includes any information, articles, publication, models, communications, software (but not the Open Source Software or any other open source software made available for download on the Site), text, photos, video, graphics, music, sounds, data and other material and services that can be viewed by users on our Site.
YOUR USE OF THE SITE IS ALSO SUBJECT TO YOUR AGREEMENT TO THE PRIVACY POLICY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE.
As used in these Terms of Use, references to an entity’s “Affiliates” include that entity’s owners, subsidiaries, affiliated companies, officers, and directors. References to our “Subcontractors” include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its Content, for avoidance of doubt, including any suppliers, partners, sponsors, subcontractors, suppliers and advertisers.
1. Links
This site includes links to other sites, some of them operated by PM Affiliates and some of them operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. We have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. Third-party sites may contain information with which we do not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites, including those hosting any open source software. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated.
2. Purpose of This Site
This site is operated for the purpose of providing scientific information and for disseminating the AeroSolved open source software (the “Open Source Software”). The site is not operated for advertising or marketing purposes. The material on this site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any product of PM or its Affiliates.
3. Accuracy, Completeness and Timeliness of Information on This Site
We cannot guarantee that the information that we make available on this site is fully accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. Any reliance upon the material on this site shall be at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.
4. Use of Material from This Site
This site (including all Content and the Open Source Software) is the property of PM, or its licensors and is protected by copyright, trademark and other laws of the United States, Switzerland and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, non-public, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the site in any manner or medium, including by uploading the material or otherwise making the material available on-line.
Your use of the Open Source Software is subject to the license associated with that software.
5. Trademarks
This site may feature logos and other trademarks and service marks that are the property of, or are licensed to, PM. The site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
6. Disclaimers
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE OPEN SOURCE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART OF IT AT ANY TIME.
PM AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.
IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE (INCLUDING THE OPEN SOURCE SOFTWARE), YOU DO SO AT YOUR OWN DISCRETION AND RISK. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHILIP MORRIS INTERNATIONAL INC, ANY PM SUBSIDIARY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
YOU AGREE THAT LINKS FROM THIS SITE MAY EXPOSE YOU TO CONTENT THAT YOU MAY FIND OFFENSIVE OR OBJECTIONABLE AND THAT IN THIS RESPECT, YOU USE THE SERVICES AT YOUR OWN RISK.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER PM, NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE, YOUR DOWNLOADING OR USE OF THE OPEN SOURCE SOFTWARE, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Your Liability
If you cause a technical disruption of the site or of the systems transmitting the site to you or others, you agree to be responsible for any and all liabilities, costs and expenses (including attorneys' fees) arising from that disruption.
9. Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, please notify us at:
Philip Morris Products SA
Law Department
Quai Jeanrenaud 5
2000 Neuchâtel, Switzerland
10. Changes to These Terms
These Terms of Use (including, for avoidance of doubt, the Privacy Policy) constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
11. Termination of Use
You acknowledge and agree that we may at any time, and at our sole discretion block your use of all or part of the Site without prior notice to you for reasons including, without limitation, breach of these Terms of Use. In addition, any suspected fraudulent, inappropriate, abusive or illegal activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
12. Miscellaneous
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
13. Jurisdiction
This Site is operated by Philip Morris Products S.A. in Switzerland. The laws of Switzerland govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of the competent courts located in Lausanne, Switzerland for any action to enforce these terms and conditions. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Switzerland. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.