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Westat Terms and Conditions

1. Overview
2. Privacy
3. Disclaimers and Limitation of Liabilities and Warranties
4. Intellectual Property – Limitation of Liability
5. Copyright and Permissions
6. Trademarks
7. Applicable Laws and Jurisdictional Issues
8. Headings
9. No Assignment
10. Invalidity of Provisions
11. No Waiver
12. Complete Understanding

1. Overview
   The following terms and conditions shall govern the information, materials, and services to customers provided by Westat, Inc. ("Westat") from this web site (the "Site").

   Westat is an employee-owned corporation providing expertise in statistical survey research, custom research, and program evaluation studies across a broad range of subject areas. Westat has created this web site to provide information about our company and services.

   By using this Site, you acknowledge that you understand these Terms & Conditions, and that you accept them and agree to be legally bound by them. You should not use this Site if you have any objections to any of these Terms & Conditions.

   Westat may revise these Terms & Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently, but we recommend that you read these Terms & Conditions each time you visit the Site.

2. Privacy
   Westat respects the privacy of every individual who visits our Site. Please read our Privacy Policy.
3. Disclaimers and Limitation of Liabilities and Warranties
   WESTAT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY RESULT FROM VISITING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WESTAT MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION OR SERVICE PROVIDED FROM THE SITE.
4. Intellectual Property – Limitation of Liability
   Westat respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Westat's designated Copyright Agent:
   1. Identification of the copyrighted work(s) that you claim has been infringed;
   2. Identification of where the material that you claim to be infringing is located on the Site;
   3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
   4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
   5. Your address, telephone number, and email address; and
   6. Your physical or electronic signature.

   Westat's designated agent for notification of claims of copyright infringement on the Site is David A. Reesman, Esq., who can be reached as follows:

   Westat, Inc.
   1650 Research Boulevard
   Rockville, MD 20850
   Telephone: (301) 251-1500
   Fax: (301) 610-4820
   Email: davidreesman@westat.com
   

   Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify Westat's designated agent.

5. Copyright and Permissions
   You may make single copies of material displayed on the Site for your own personal and noncommercial use, provided all copies include the copyright and other notices displayed with the materials on the Site. No claim is made to government works.

   You may not download, transmit, copy, or otherwise make available any material from the Site, including any text or images, for public or commercial use, without Westat's prior written permission; you also may not distribute, transmit, publicly display, publicly perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Westat Site without our prior written permission.

   None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold, or redistributed without the prior written permission of Westat.

   Except as otherwise noted, all content of the Westat Site is:

   Copyright © 2008 Westat, Inc.
   ALL RIGHTS RESERVED

   Westat has adopted a policy of terminating services to users who willfully and/or repeatedly infringe. You may not remove or alter any of Westat's copyright management information, including without limitation the title, the author's name, and/or the copyright notice. Any such removal or alteration would be in violation of the Digital Millennium Copyright Act 17 U.S.C. § 1202(b).

   For further information regarding permission to use material or data, please contact us.

6. Trademarks
   You agree not to display or otherwise use any of the registered or unregistered trademarks, service marks, or logos (collectively the "Trademarks") of Westat or others, including the marks and logos that are displayed on this Site, in any manner without prior written permission. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Westat or such third party that may own the particular Trademark displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms & Conditions, is expressly prohibited.
7. Applicable Laws and Jurisdictional Issues
   This Site shall be governed by the laws of the United States, including copyright and trademark laws, and the laws of the State of Maryland without giving effect to any conflicts of laws or choice of laws principles. You consent to the jurisdiction of the federal and state courts presiding in the State of Maryland and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
8. Headings
   The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms & Conditions.
9. No Assignment
   You may not assign your rights or obligations under this Agreement without the prior written consent of Westat.
10. Invalidity of Provisions
    In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
11. No Waiver
    Westat's failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
12. Complete Understanding
    These Terms & Conditions constitute the entire understanding between Westat and you with respect to ordering products or services from the Site.

    BY USING THE SITE YOU SIGNIFY YOUR ASSENT TO THESE Terms & Conditions AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.

    For more information about Westat or if you have any questions about our Terms & Conditions, please contact us.

    We'll be happy to answer your questions or hear your concerns.

Last Updated: July 14, 2006