Terms of Use

 

These terms of use ("Terms") constitute a legal agreement between the submitter of the material ("You") and the Morgridge Institute for Research ("MIR"), a private not-for-profit research organization.

 

You acknowledge that by using the NEOS optimization service ("Service"), and by submitting materials to the Service (a "Submission"), You agree to be bound by the following Terms, including the warranty disclaimers, limitation of liability and privacy policy included below.  You also acknowledge that You are free to reject these Terms and not use the Services by hitting cancel or leaving this page and by not submitting any materials to the Service.  You further acknowledge that You must separately agree to these Terms each time You provide a Submission.

 

In consideration for the Services, You agree as follows:

 

1.      No Warranties. The Services are provided "AS IS" and without any warranty of any kind, whether express or implied, including without any warranty as to title, merchantability, non-infringement, or fitness for a particular purpose.  MIR does not warrant that the results of the Services will be accurate or complete.  MIR does not warrant that the Services will return a valid result or any result whatsoever.

 

2.      No Liability. You acknowledge that the Services, the software systems and algorithms employed by the Services, and the results of the Service are complex and sophisticated, and the possibility for error exists.  Therefore, You are solely  responsible for exercising independent professional judgment and to independently verify all results, conclusions, answers and recommendations of the Services.

 

Further, You acknowledge that these Services are being provided to You for no fee.  Accordingly, neither MIR nor any of MIR's affiliates, including but not limited to the Wisconsin Alumni Research Foundation, will be liable to You for any damages, whether direct, indirect, consequential, punitive, or otherwise for any reason arising out of or in connection with these Terms or performance of, or failure to perform, the Services.  If the foregoing disclaimer is not permitted by law, MIR's liability to You will not exceed $25.00.

 

3.      Your submissions. By providing Your Submission for use in the Services, You represent to MIR that (i) You own or otherwise have the right to provide MIR a copy of each Submission; (ii) the Submission is non-confidential, is not a trade secret, and is not the subject of any non-disclosure obligations of any third party; and (iii) the Submission, Your provision of the Submission, and MIR's possession and use of the same in the Services, will not violate any law, rule, ordinance, or any rights (including intellectual property rights) of any third party.

 

4.      License to Your Submission. You hereby grant to MIR a royalty-free, non-exclusive, perpetual license to reproduce, prepare derivative works, distribute, and otherwise use the Submission in order to perform the Services. In addition, You hereby grant to MIR a right to store, archive and distribute the Submission, as well as use the Submission for non-commercial academic research.

 

Subject to Your rights in the underlying copyright to the Submissions, You hereby waive any right, title or interest in and to any results, improvements, research results, inventions, discoveries, or other materials (whether patentable or copyrightable) that are developed, created, or discovered from or as a result of any licensed use of the Submission including any rights in academic publication and improvement to optimization algorithms.

 

5.      Indemnification. You shall indemnify, defend, and hold harmless MIR and its employees against all claims and expenses, including legal expenses and reasonable attorneys fees, arising out of or resulting from any breach or misrepresentation by You of any of these Terms, including for any claims that the Submission infringes any third party patent, copyright or trademark or misappropriates a third party trade secret or other proprietary right.

 

6.      Your personal information; Privacy Policy. You acknowledge that Your use of these Services, and Your submission of personally identifiable information (e.g., name, email address, etc.), are not subject to the standard Privacy Policy or Terms of use of this website or the websites of any affiliated entity, including the University of Wisconsin-Madison or the Wisconsin Alumni Research Foundation.

 

For purposes of providing You the Services, MIR will collect personally identifiable information, like names, postal addresses, email addresses, etc., voluntarily submitted by You to this site. The information is used to fulfill Your specific request and may be used to contact You in the future with information we believe You may be interested in. For example, MIR may use Your electronic mail address (i.e., Your e-mail address) to provide You the results of the Services and to answer any questions that You may have regarding the Service. If You elect not to provide MIR the requested information, MIR may be unable to provide You the Services.

 

MIR may also keep and store the information You provide for record-keeping, statistical and research purposes, and to provide You additional information regarding the Services at a future date.

 

MIR may also use non-personally identifiable, aggregated or statistical information to improve the Service, the results of the Service, or this website. This information may be collected from either voluntarily provided information from You or automatically as a result of Your access and use of this website or the Services. In addition, MIR may provide Your contact information to those third parties who provided Services on the Submission (and who may perform commercial services). If You do not wish MIR to provide this information, please contact neos-optout@neos-server.org

 

7.      Miscellaneous. These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict of laws rules. You agree that any cause of action or any dispute must be brought exclusively in the state or Federal courts located in the State of Wisconsin. Nothing in this paragraph is intended to waive any defenses or immunities that MIR may have.