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-Winston Churchill

PLEASE READ AND AGREE TO THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

The University of Southern California, on behalf of its Institute for Creative Technologies ("USC ICT") may revise and update these Terms and Conditions at any time. Your continued usage of the USC ICT website ("USC ICT Site), the SimCoach Site (the "SimCoach Site" and, together with the USC ICT Site and any other website to which you are directed from the USC ICT Site or the SimCoach Site, the "Site" or the "Sites") will mean you accept those changes.

The Site was created by USC ICT in collaboration with Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (DCOE and together with USC ICT, the "SimCoach Team"). Statements and opinions expressed do not necessarily reflect the position or the policy of the SimCoach Team, and no official endorsement should be inferred.

The Site Does Not Provide Medical Advice

The contents of the Site, such as text, graphics, images, information obtained from THE SimCoach TEAM's licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. THE SimCoach TEAM does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by THE SimCoach TEAM, THE SimCoach TEAM employees, others appearing on the Site at the invitation of THE SimCoach TEAM, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Children's Privacy

USC ICT is committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. USC ICT does not collect personally identifiable information from any person it actually knows is a child under the age of 13.

Use of Content

USC ICT authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2013, University of Southern California. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with USC ICT or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of USC ICT. All rights not expressly granted herein are reserved to USC ICT and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of the SimCoach Team, Its Licensors and Site Affiliates

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of the SimCoach Team and its suppliers. Accordingly, the SimCoach Team assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site and the content are provided on an "as is" basis. USC ICT, THE SimCoach TEAM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, the SimCoach Team, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

In no event shall USC ICT or any other member of the SimCoach Team, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential, indirect, special, punitive or exemplary damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not USC ICT, its licensors, its suppliers, or any third parties mentioned on the Site, including without limitation WBV and the SimCoach Team, are aware of the possibility of such damages. To the extent any liability is held, by a final, non-appealable decision of a court of competent jurisdiction, to be attributable to USC ICT, its licensors, its suppliers, or any third parties mentioned on the Site, including without limitation, WBV and the SimCoach Team, such entity shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. USC ICT, its licensors, its suppliers, or any third parties mentioned on the Site, including without limitation WBV and the SimCoach Team, are not liable for any personal injury, including death, caused by your use or misuse of the Site or any Content (as defined below). Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

Any personal information you submit to USC ICT and the rest of the SimCoach Team is governed by the USC ICT Privacy Policy. To the extent there is an inconsistency between this Agreement and the USC

User Submissions — Image, Video, Audio Files

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of, or with, someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the USC ICT Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media like a photo or video, (a) you grant to USC ICT and the rest of the SimCoach Team a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes USC ICT and the rest of the SimCoach Team to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify USC ICT and the rest of the SimCoach Team and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

USC ICT and the rest of the SimCoach Team reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at its sole discretion.

Advertisements, Searches, and Links to Other Sites

USC ICT may provide links to third-party web sites. USC ICT also may select certain sites as priority responses to search terms you enter and USC ICT may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. USC ICT does not recommend and does not endorse the content on any third-party websites. USC ICT is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. USC ICT does not endorse any product, service, or treatment advertised on the Site.

Indemnity

You agree to defend, indemnify, and hold USC ICT, its officers, directors, employees, agents, licensors, and suppliers, including without limitation WBV and the rest of the SimCoach Team, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

USC ICT is based in Los Angeles, California, in the United States of America. USC ICT makes no claims that USC ICT or any Site within or outside the University of Southern California Network or USC ICT Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the USC ICT Network or the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with USC ICT, or in any way relating to your use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving USC ICT or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting USC ICT's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Copyright issues relating to this web site should be addressed to:

Office of the General Counsel
University of Southern California
Administration 352
Los Angeles, CA 90089-5013
213-740-7922; fax 213-740-3249

In an effort to protect the rights of copyright owners, USC ICT maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the USC ICT Privacy Policy constitute the entire agreement between you and USC ICT with respect to the use of the Site, and Content.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use!

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:

Institute for Creative Technologies
Attn: Medical Virtual Reality Group
12015 Waterfront Drive
Playa Vista, CA 90094

We try to answer every email in a timely manner but due to volume may not always be able to do so.

Copyright © 2012 The University of Southern California. All rights reserved.

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