Legal Provisions

Privacy Policy

(Effective as of January 25, 2007)

Kauffman Innovation Network, Inc. is committed to protecting the personal information you provide when you visit the iBridge Site (“Your Information”). Your use of the iBridge Site is governed by this Privacy Policy. KIN reserves the right to modify this Privacy Policy at any time by posting a notice on the home page of the iBridge Site. Your use of the iBridge Site after the notice is posted indicates you agree to the changes. This Privacy Policy is incorporated into KIN’s Terms of Use, so please be sure to read all of the terms that govern your use of the iBridge Site. Capitalized terms used without definitions in this Privacy Policy are defined in the Terms of Use.

Collection of Your Information
Your Information is collected on the iBridge Site only when you voluntarily provide it. For example, KIN collects Your Information (including your name, physical and email addresses, telephone number, and, if applicable, organizational affiliation information) when you register and open an Account. If you decide to enter into a User License with a Research Institution to license Content, KIN collects Your Information on behalf of the applicable Research Institution. If a Research Institution charges a License Fee to access Content, Your Information (including credit card account and billing information) will be collected by a third-party merchant service provider on behalf of the Research Institution for the purpose of conducting your payment transaction. When you provide Your Information to the third-party merchant service provider, collection and use of Your Information will be governed by the privacy policy of the third-party merchant service provider.

Use and Disclosure of Your Information
KIN will use Your Information to facilitate the services you request through the iBridge Site. If you enter into a User License with a Research Institution, KIN will provide Your Information to that Research Institution. KIN may also provide Your Information to specific Research Institutions and researchers in response to your request or if you opt in to share Your Information with them. KIN will also share Your Information with its Service Providers for the purpose of facilitating the services you request. Research Institutions, individual researchers and KIN’s Service Providers with whom it shares Your Information are required to use Your Information in accordance with this Privacy Policy.

KIN may also use Your Information in an aggregated, anonymous form consistent with KIN’s charitable purposes, including disclosing it to certain third parties for research purposes (e.g., Ewing Marion Kauffman Foundation, the National Institute of Health, National Science Foundation and similar agencies) and publishing research based on analysis of data. As noted above, KIN may also share Your Information with Research Institutions and with its Service Providers, which have permission to use it only to facilitate the services you request through the iBridge Site or in aggregated, anonymous form for research, educational, and other charitable purposes.

KIN will not sell or rent Your Information to third parties for marketing purposes and will require its Service Providers with whom it shares Your Information not to use Your Information (in aggregated or other forms) for direct marketing, advertising, or other commercial purposes.

KIN may also use Your Information for such purposes as contacting you to let you know about updates to the iBridge Site and KIN’s related charitable activities if you have opted to receive such information. You may unsubscribe to these messages by following the procedures described in the correspondence.

KIN reserves the right to disclose your Personal Information to respond to a subpoena, court order or other legal process, to defend KIN against legal claims, or if KIN determines it is necessary to investigate or take action in connection with activities that KIN suspects are illegal, threaten the safety of any person or are in violation of these Terms.

Collection and Use of Anonymous Information
KIN may also collect non-personal information (for example, IP address, browser type, referrer site and site usage data) solely to help KIN evaluate how visitors use the iBridge Site, what sections are of most interest, to facilitate your use of the iBridge Site and similar purposes. Such non-personal information will not be linked to a particular individual or otherwise be combined with personal information unless KIN has determined that it needs to identify a user because of safety or security issues or to comply with legal requirements. KIN may collect this non-personal information even if you are not registered on the iBridge Site.

Cookies
KIN may use “cookies” to make it easier for users to access the iBridge Site. A cookie is a file stored on your computer’s hard drive. You may disable cookies in your internet browser, but this may limit your access to the iBridge Site and affect your use of certain features or functions.

Security
KIN uses reasonable precautions to host and maintain the iBridge Site in a secure manner and to safeguard it from unauthorized access. KIN uses Secure Socket Layer encryption for transmitting and storing Your Information and stores Your Information in limited access servers. Neither KIN nor its Service Providers, however, can guarantee that any transmission of personal information over the Internet will be secure and you use the iBridge Site at your own risk.

Location of Servers and Transfer of Your Information
Your Information may be transferred to our Service Providers.

Your Consent
By using the iBridge Site, you expressly consent to this Privacy Policy and the uses of Your Information described in it. By providing Your Information on the iBridge Site, you consent to transfer of Your Information to the United States and storage, processing and use of Your Information in the United States and to the transfer of Your Information to KIN’s Service Providers.

Review and Update of Your Information; Deactivation of Your Account
You should be sure that Your Information is always accurate and complete. You may review and update Your Information by reviewing your Account at any time. If you wish to deactivate your registration at any time, if your Account is in good standing, you may request that your account be deactivated by contacting us in accordance with the “Contact KIN” directions below.

Contact KIN
If you have any questions about this Privacy Policy, please contact KIN at:

Kauffman Innovation Network, Inc.
Attn: Copyright Agent
4801 Rockhill Road
Kansas City, Missouri 64110
Tel: 816-932-1062
Email: copyrightagent@ibridgenetwork.org


Terms of Use

(Effective as of January 25, 2007)

  1. Kauffman Innovation Network, Inc.; The iBridgeSM Site. Welcome to the iBridge Site, which is operated by the Kauffman Innovation Network, Inc. (“KIN” or “we” or “us”), a not-for-profit organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. KIN operates the iBridge Site to further KIN’s charitable mission of promoting the transfer of technology, sharing of research, and collaborative efforts to advance scientific knowledge and research by licensing qualified universities, research institutions, and similar organizations (collectively, “Research Institutions”) to publish research descriptions and related materials (“Research Descriptions”) and licensable content (“Content) on the iBridge Site and making it available to end users in accordance with these Terms of Use.
  2. Acceptance of Terms; Changes to Terms. These Terms of Use, including the Privacy Policy (collectively, “Terms”), govern your use of the iBridge Site. Please read all of the Terms carefully. By using the iBridge Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the iBridge Site. KIN reserves the right to modify the Terms at any time by posting a notice on the home page of the iBridge Site. Your use of the iBridge Site after the notice is posted indicates you agree to the changes.
  3. Privacy. Please be sure to review KIN’s Privacy Policy, which is part of these Terms.
  4. Registration; Suspension or Termination of Account; Right of Refusal; Access from other Countries.
    • Registration. To access a Research Institution’s Content, you must register on the iBridge Site and open a user account (“Account”). You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account, and you may not transfer your Account to another party. You warrant that all information you provide to KIN is accurate and complete and that you will update your Account as necessary to keep it accurate and complete.
    • Suspension or Termination of Account. KIN reserves the right in its sole discretion to suspend or terminate your Account or to block access to the iBridge Site at any time if (i) it suspects that you have not complied with these Terms, (ii) if a Research Institution notifies us that you have not paid License Fees (as defined in Paragraph 5) due to the Research Institution or have breached a User License (as defined in Paragraph 5), (iii) for prolonged inactivity in your Account or (iv) for other reasons that KIN determines in good faith are necessary or appropriate, including if KIN suspects you are using or attempting to use the iBridge Site in any way that violates any applicable laws or regulations. You agree that neither KIN nor its Service Providers are liable to you for any loss or damages that may result from our refusal to provide you access to the iBridge Site.
    • Access from other Countries. KIN makes no representation or warranty that any Research Descriptions or Content on the iBridge Site is appropriate or available for use in locations outside the United States. If you choose to access the iBridge Site from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorized to access the iBridge Site from any location where doing so would be illegal.
  5. User Licenses; License Fees and other Charges.
    • User License; License Fee. Before you may access or otherwise use a Research Institution’s Content, you must enter into a license with the Research Institution (“User License”) that will govern your use of the Content, and pay any fees the Research Institution charges to access its Content (“License Fees”). A Research Institution may, in its discretion, add to, delete, or otherwise modify its Content, User License, or License Fees from time to time and any changes will be effective upon posting on the iBridge Site (except that changes will not modify a User License entered into before the change was posted or the License Fees applicable to such User License).
    • Payment of License Fees. You are responsible for paying all License Fees and applicable taxes required by a Research Institution for accessing its Content. You may pay the License Fee to the Research Institution by credit card through third-party merchant service provider on the iBridge Site. All License Fees and other charges must be paid in United States dollars. KIN will not be liable for any errors in published Licensed Fees.
    • KIN Not a Party to User License or Payment Transactions; Release. You expressly acknowledge and agree that neither KIN nor its service providers (“Service Providers”) are a party to any User License between you and a Research Institution or to any payment transaction involving a License Fee. You also acknowledge that KIN has no control over the quality, safety or legality, or the accuracy of any Research Description or any Content that Research Institutions publish on the iBridge Site and is not responsible for any infringement of third-party intellectual property rights, or for compliance with export control laws or collection and payment of taxes. Accordingly, you irrevocably release KIN and its Service Providers (and their respective officers, directors, employees, representatives and agents) from any claims, demands and damages (actual and consequential) of every kind and nature (known and unknown, disclosed and undisclosed), that may arise from any dispute you may have with a Research Institution. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
  6. Use of Site for Lawful Purposes; Export Controls.
    • Lawful Purposes. You agree to use the iBridge Site only for lawful purposes and not in any way that would violate the rights of KIN, a Research Institution or another party or any applicable law.
    • Export Controls. The United States export control laws regulate the export of technology originating in the United States, including electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to comply with all applicable export control laws and regulations including the Export Administration Regulations maintained by the Bureau of Industry and Security of the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State, the Uniting and Strengthening of America by Providing Appropriate Tools to Intercept and Obstruct Terrorism Act of 2001 and not to transfer, by electronic transmission or otherwise, any Research Descriptions or Content published on the iBridge Site to either a foreign destination or foreign national in violation of applicable law
  7. Intellectual Property.
    • Content. The content on the iBridge Site is owned by or licensed to KIN. Each Research Institution owns all rights, including copyrights, patents, and other intellectual property rights, in the Research Descriptions and Content it publishes on the iBridge Site. KIN owns all rights, including copyrights, patents, and other intellectual property rights, in the iBridge Site. You agree not to copy any content on the iBridge Site (unless you are permitted to do so by a User License) or to modify, decompile, disassemble, create derivative works from or otherwise reverse engineer any Research Institution’s Research Descriptions, Content, the iBridge Site, or other content or computer programs associated with the iBridge Site.
    • Trademarks. KIN owns all rights in its name, trademarks, service marks, logos, and other indicia of source (“KIN Trademarks”), including Kauffman Innovation Network, iBridge™, Innovation Bridge, and “Linking Ideas and Innovation.” You may not use any KIN Trademarks in connection with any products or services or in any manner that could tarnish any KIN Trademark or disparage KIN. The trademarks of the various Research Institutions are owned by and may be used only as permitted by the applicable Research Institution.
    • Notice And Procedure For Making Claims Of Copyright Infringement. If you believe that your work has been copied on the iBridge Site in a way that constitutes copyright infringement, please provide KIN’s Copyright Agent with the following information in a notice (“Notice”):
      • an electronic or physical signature of the person who is authorized to act on behalf of the copyright owner;
      • a description of the copyrighted work that you claim has been infringed;
      • identification of the copyrighted work you claim is being infringed (and, if possible, a location where an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published);
      • identification of the URL or other specific location on the IBridge Site where the material that you claim is infringing is located (you must include enough information so that KIN can locate the material);
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

        Send the Notice to KIN’s Copyright Agent for notice of claims of copyright infringement as follows:

        Kauffman Innovation Network, Inc.
        Attn: Copyright Agent
        4801 Rockhill Road
        Kansas City, Missouri 64110
        Tel: 816-932-1062
        Email: copyrightagent@ibridgenetwork.org
  8. Links. From time to time, KIN may provide links to other sites that may be of interest to you. Such links do not mean that KIN endorses any other site or its products or services. You acknowledge that KIN has no control over or responsibility for the content or practices of any other site. Please read any terms of use and privacy policies that govern activities on other sites.
  9. Disclaimers. THE iBRIDGE SITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU USE IT AT YOUR OWN RISK. NEITHER KIN NOR ITS SERVICE PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE INFORMATION ON THE iBRIDGE SITE, INCLUDING THE RESEARCH DESCRIPTIONS AND CONTENT PROVIDED BY RESEARCH INSTITUTIONS, WILL BE ACCURATE, TIMELY OR COMPLETE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, KIN AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED).
  10. Limitation of Liability. NEITHER KIN NOR Any Service Provider WILL BE LIABLE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (WHETHER OR NOT END USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE IBRIDGE SITE INCLUDING LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION OR LOST DATA (EVEN IF KIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY) OR (B) ANY DAMAGES, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR SIMILAR PROBLEMS ARISING IN CONNECTION WITH YOUR USE OF, INTERACTION WITH, OR TRANSACTION THROUGH THE iBRIDGE SITE. THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
  11. Indemnity. By using the iBridge Site, you agree to indemnify and hold KIN and its directors, officers, employees, licensors, Service Providers, contractors, and agents (“KIN Indemnitees”) harmless from any claims, liability, loss, damage or expense (including reasonable attorneys’ fees and costs) that any KIN Indemnitee may incur based on your use of the iBridge Site, your transaction through the iBridge Site, your breach of these Terms or any End User License, your violation of the rights of a third party or your violation of any law, including export control laws.
  12. Contact Us. The iBridge Site is owned and operated by Kauffman Innovation Network, Inc. If you have any questions about any of these Terms, please contact us at:
    Kauffman Innovation Network, Inc.
    Attn: iBridge Manager
    4801 Rockhill Road
    Kansas City, Missouri 64110
    Tel: 816-932-1062
    Email: info@ibridgenetwork.org
  13. General Provisions.
    • Assignment. You may not assign these Terms or any of your obligations under them without KIN’s prior written consent and any attempted assignment is null and void. KIN may assign these Terms and any of its obligations under them at any time for any reason.
    • Relationship of Parties. You and KIN are independent contractors and these Terms may not be used to construe a joint venture, employee, partnership, agency or similar relationship between you and KIN.
    • Electronic Communications; Binding and Entire Agreement; English Language. You agree that (i) these Terms constitute an agreement “signed by you” under any applicable law; (ii) any notices or other communication regarding your use of the iBridge Site may be provided to you electronically (by posting on the iBridge Site, by email, and other electronic formats) and will be considered received upon posting or other distribution, but KIN reserves the right to provide communications in paper format. These Terms (including the Privacy Policy) constitute the entire agreement between you and KIN and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the iBridge Site.
    • Governing Law. These Terms are governed by the laws of the United States and the laws of the State of Missouri applicable to contracts executed and performed within Missouri, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction. These Terms are deemed executed and enforceable in the State of Missouri.
    • Disputes. If a dispute arises between you and KIN, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Kansas City, Missouri in accordance with the rules of the American Arbitration Association (“AAA”), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Jackson County, Missouri, United States of America and (iii) submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds. Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration. Notwithstanding the foregoing, KIN will have the right to seek temporary injunctive relief if it determines it is necessary in connection with any breach of these Terms that could result in irreparable harm to KIN (including infringement of any intellectual property).
    • Including. The word “including” as used in these Terms means “including, without being limited to.”
    • Severability. If any of these Terms is determined to be unenforceable for any reason, then the unenforceable section will be deemed deleted and the remaining Terms will be enforceable to the fullest extent permitted by law.
    • No Waiver. KIN’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of KIN’s rights, and KIN reserves its right to take all legal steps available to enforce these Terms.
    • Survival. Paragraphs 3, 5, 7, 9, 10, 11, and 13 (and any other sections that by their intent should survive) will survive any termination of these Terms.
    • Force Majeure. If KIN is unable to perform its services or any of its obligations due to any cause beyond its reasonable control, including computer, telecommunications or other equipment failures, electrical power failures, strikes, labor disputes, shortage of labor or materials, civil disturbances, fires, floods, storms, explosions, acts of God, war, terrorist acts, governmental actions, non-performance of third parties or similar reasons, then KIN’s performance will be excused and the time for performance will be extended until a reasonable time following the end of the event of force majeure.