Official Rules for the Pain Management Funding Opportunity
15. DISCLAIMER AND LIMITATIONS OF LIABILITY: By participating in the Funding Opportunity, each Participant agrees to hold harmless and hold harmless, to the maximum extent permitted by applicable law, the Sponsor, all Entities related to the Sponsor and the R&I of and against any claim or cause. action arising out of participation in the Funding Opportunity or the receipt or use of any scholarship, including, but not limited to: (a) unauthorized human intervention in the Funding Opportunity; (b) the processing or evaluation of applications and / or presentations (c) technical errors related to computers, servers, suppliers or telephone or network lines; (d) printing errors; (e) lost, late, postage-paid, misdirected or undeliverable mail; (f) errors in the administration of the funding opportunity or the processing of entries; (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by the participation of each Investigation Team in the Funding Opportunity or the receipt of a Prize; (h) other errors or problems of any kind, whether mechanical, human, technical, network or electronic, or errors that may arise in the administration of the Funding Opportunity; (i) any Submission or other material uploaded or provided by a Participant that infringes the property rights of third parties, intellectual property rights, personal or moral rights or any other right, including, without limitation, the rights copyright, trademarks, patents, trade secrets, confidentiality, publicity or confidentiality obligations, or defames any person; (j) any failure by such participant to comply with these Official Rules or any applicable laws or regulations; (k) claims filed by any person or entities other than parties to these Official Rules arising out of or relating to such participant’s participation in the Funding Opportunity; or (l) the award or announcement of winners or finalists or in any other material related to the funding opportunity. Each Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. Each Entrant further agrees to defend, indemnify and hold the Sponsor, all Sponsor’s related entities and R&I harmless from and against all third party claims or causes of action arising out of or related in any way. whether to the product or to that participant’s research, if any, and parties’ use thereof as permitted herein, including, without limitation, any claims for infringement of intellectual property rights .
THE SPONSOR SHALL NOT BE LIABLE TO ANY PARTICIPANT FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE FUNDING OPPORTUNITY OR THIS AGREEMENT. EACH PARTICIPANT RELEASES AND AGREES TO INDEMNIFY AND HOLD THE SPONSOR AND ITS EMPLOYEES, OFFICERS, AFFILIATES, RELATED PARTIES, REPRESENTATIVES, AGENTS, PARTNERS, JUDGES AND ADVERTISING AND PROMOTION AGENCIES FROM ALL LIABILITY, INJURY, OR INJURY ANY KIND (INCLUDING ACTUAL LEGAL COSTS AND EXPENSES), KNOWN OR UNKNOWN, ABSOLUTE OR POTENTIAL, NOW OR IN THE FUTURE, RESULTING FROM OR RELATED TO: (1) HIS OR HIS OR HIS (IF APPLICABLE) FAILURE TO SEEK COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT OR OTHER APPLICABLE RULES; (2) ANY FALSE REPRESENTATION THAT HE, SHE OR SHE (IF ANY) MAKES TO THE SPONSOR UNDER THIS AGREEMENT OR OTHERWISE; (3) SA, IT OR ITS PARTICIPATION (IF APPLICABLE) IN THE FINANCING OPPORTUNITY; (4) SOUND OR SOUND (IF APPLICABLE) RECEIPT OR USE OF ANY REWARD, OR INABILITY TO RECEIVE OR USE ANY REWARD; (5) A CLAIM BY A THIRD PARTY THAT THE SUBMISSION, OR ANY SERVICES OR PRODUCTS DISCUSSED IN THE SUBMISSION, OR ANY MATERIAL OF ANY KIND PROVIDED BY IT, HIM OR HER (IF APPLICABLE), INFRINGES (EITHER DIRECTLY, CONTRIBUTORLY OR OTHERWISE), BAD OR VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF THIS THIRD PARTY; AND / OR (6) A THIRD PARTY CLAIM RELATING TO THE THIRD PARTY’S USE OF THE PARTICIPANT’S SUBMISSION. THE SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED TO THE PARTICIPANT IN CONNECTION WITH THE FUNDING OPPORTUNITY AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED OR IMPLIED. IN NO EVENT SHALL THE SPONSOR BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BODILY INJURY / DEATH, LOST PROFITS OR ANY OTHER DAMAGES) RESULTING FROM THE USE OF ANY INFORMATION PROVIDED. IN RELATION TO FINANCING.