Welcome to the Scientific Intake ™ (hereafter “SI”) website. SI has created and maintains this website (the “website” or “Sites”) to provide information to and communicate better with people who may be interested in learning more about SI This page (and the documents referred to on it) set out the terms for use of this website. You may use this website, provided you comply with these terms and conditions.
SI is organized in Georgia, U.S.A. and the address of our corporate headquarters is 280 Merrimack Street, Lawrence, MA 01843.
Your Acceptance of These Terms and Conditions
Accessing this Website
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice. To the extent permitted by applicable law, we will not be liable if for any reason our website is unavailable at any time, or for any period. We may at any time restrict access to some, or all, of the website. You are responsible for ensuring that you have made all necessary arrangements to have access to the website and for ensuring that anyone who accesses the website through your internet connection is aware of these terms and conditions and that they comply with them.
These Terms and Conditions May Change
We reserve the right to update or modify these terms and conditions at any time. For this reason, we encourage you to review these terms and conditions every time you use this website. We will typically highlight any substantive changes to you, where possible, by putting a notice on this page of this website. If you choose to use this website after the modification of these Terms and Conditions, your use will be taken as evidence of your agreement and acceptance of the revised terms and conditions. Certain parts of this legal notice may be superseded at any time by expressly designated legal notice or terms. These terms and conditions were last revised on April 7, 2015.
Changes to this Website
We aim to update this website regularly, and may change the Content (as defined below) at any time. We may suspend access to the website, or shut it down permanently. Any of the Content may be out of date at any given time, and we are under no obligation to update the Content.
Ownership and Use of the Website; Intellectual Property Rights and Limited License
Everything you see and hear on this website (the “Content”) including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is protected under relevant intellectual property laws, including copyright law. The intellectual property rights in the Content (including any improvements to it) are owned by us or by one of our affiliates, or by third parties who have licensed their materials to us. You may only download, store, print, and copy selected portions of the Content of this website, provided you:
- Only use the Content you download for your personal, non-commercial use or to further your business dealings with us;
- Always acknowledge our status (and that of any identified contributors) as the authors of the Content on this website;
- Do not publish or post any part of the Content on any other Internet site without obtaining our prior written consent;
- Do not use any of the photographs, illustrations, graphics, audio clips, video clips, and audio-video clips separately from any accompanying text;
- Do not publish or broadcast any part of the Content in or on any other media without obtaining our prior written consent; and
- Do not modify or alter the Content (including paper copies) in any way or delete or modify any copyright or trademark notices or notices of confidentiality.
No right, title or interest in the downloaded Content is transferred to you when you download
Content from this website. We reserve all intellectual property rights in any Content you download from this website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining our written permission.
If you think that any of the Content on this website infringes a copyright, trademark, patent or other right of another party, please contact us via the phone number on this website.
We do not claim ownership in any content that you upload, provide, make available, or otherwise transfer (“post”) on the Sites, but to be able to legally provide our Users with the Sites, we have to have certain rights to use such Content in connection with the Sites, as set forth below. In return, we also grant you certain use rights, as set forth herein, to the Content that we (or our licensors) own and use to provide the Sites to you and other Users. By posting any Content on the Sites, you hereby grant to us an unrestricted, worldwide, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world.
Content from Users. Content from other Users, advertisers, and other third parties is made available to you through the Sites. Because we do not control such Content, (a) we are not responsible for any such Content, including advertising and information about third party products or service, (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content and (c) we assume no responsibility and waive any and all liability arising from or related to unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
All of the trademarks, service marks and logos displayed on this website (the “Trademark(s)”) are registered or unregistered trademarks of Scientific Intake™, one of our affiliates, or third parties who have licensed their Trademarks to us or one of our affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining our written permission.
Acceptable Use and Prohibited Conduct
You are solely responsible for any and all Content that you post to the Sites and for your interactions with other Users.
Prohibited Content. You agree that you will not post any Prohibited Content or use any Prohibited Content in connection with the Sites. “Prohibited Content” is Content that:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
- bullies, harasses or advocates stalking, bullying, or harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming”;
- is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes, copies, performs or distributes an illegal or unauthorized copy of another party or person’s intellectual property, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
- is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or other harmful code;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
- except as expressly approved by us, involves, promotes or solicits for commercial activities provided by yours or of a third party;
- promotes contests, sweepstakes, barters, advertising, or pyramid schemes;
- contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
- contains information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party; or
- otherwise violates the terms of this Agreement or exposes SI to liability.
Prohibited Conduct. You agree that you will not:
- reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Sites or the SI Content;
- rent, lease, loan, or sell access to the Sites;
- cover or obscure any banner advertisements on the Sites, or any SI page via HTML/CSS, scripting, or any other means;
- introduce software or automated agents to the Sites, or access the Sites so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Sites;
- interfere with, disrupt, or modify any data or functionality of the Sites;
- use the Sites to solicit the performance of any illegal activity or other activity which infringes, misappropriates or otherwise violates the rights of SI or others;
- use the Sites in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Sites;
- attempt to gain unauthorized access to the Sites or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means;
- obtain or attempt to obtain any materials or information not intentionally made available to you through the Sites;
- not frame the Sites or any portion thereof without the prior written consent of SI;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or reverse-engineer or use any similar and/or manual process, to access, acquire, catalog, store, reproduce, distribute or monitor any portion of the Sites, or in any way reproduce or circumvent the navigational structure or presentation of the Sites;
- take any action to interfere with, or disrupt the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under this Agreement;
- mislead SI or third parties as to the origin of any Content that you or another person posts to the Sites;
- impersonate another User or person, including any of our employees or use a false identity or use a false e-mail address when creating an Account; or
- remove any copyright, trademark or other intellectual property right notices contained in the Sites.
User Representations. You represent and warrant that:
- all information you provide to us, through the Sites or otherwise, is truthful and accurate;
- you will maintain the accuracy of such information;
- you are eighteen (18) years of age or older;
- your use of the Sites is not and will not be defamatory, libelous or infringe the intellectual property rights, including but not limited to trademarks, copyrights patents, trade secrets, publicity rights, privacy rights, and moral rights, of any third party;
- you have the right to post your Content without seeking the permission of a third party, or, if such permission is necessary, you have obtained it;
- you own the Content posted by you on the Sites or otherwise have the right to grant the licenses set forth in this Agreement; and
- your use of the Sites, including providing or posting your Content, does not and will not violate any applicable law, order or regulation, or any other obligation (including any contractual obligations) you might have towards third parties or imposed upon you by law, contract or otherwise.
Lawful Use. You will use the Sites in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Sites are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice.
Unless otherwise specified, the materials on this website are directed solely at those who access this website from the U.S. Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This website contains references or cross-references to products, programs and services that may not be available or announced in your country. These references do not imply that we intend to announce such products, programs or services in your country. We make no representation that any information, product or service referred to in the materials on this website is appropriate for use, or available, in other locations. Those who access this website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. Consult your local sales representative or contact us if you have questions about which products, programs and services may be available to you in your country.
DISCLAIMER REGARDING HEALTH & MEDICAL INFORMATION
THE WEBSITE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE. THE SOFTWARE IS PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL, AND CONVENIENCE PURPOSES ONLY AND IS NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS UNLESS EXPCITLY SPECIFIED AND CONSENT IS OBTAINED BY YOUR MEDICAL PROVIDER FOR THIS USE. THE SYSTEM IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAM OR PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, HEALTH COUNSELING OR MEDICAL OPINION FOR PATIENTS. THE SOFTWARE IS LIMITED TO PROVIDING USERS WITH ACCESS ONLY TO MEDICAL HEALTH INFORMATION AND OTHER INFORMATION STORED BY SUCH USERS AND THEIR MEDICAL PROVIDERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED MEDICAL PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED IN THE SYSTEM. RELIANCE ON ANY INFORMATION PROVIDED IN THE SYSTEM IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION.
DISCLAIMER OF WARRANTIES
Access to the materials may not be legal by certain persons or in certain countries. If you access the website outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
SI ENDEAVORS TO SECURE THE SITES BY UTILIZING COMMERCIALLY REASONABLE SECURITY PRACTICES, BUT IT CANNOT GUARANTEE THAT THE SITES WILL BE ERROR-FREE OR COMPLETELY SECURE. THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY SI ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SI DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SITES AT ANY TIME OF YOUR CHOOSING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF SI NOR ANY OF ITS EMPLOYEES, OWNERS, MEMBERS, MANAGERS, DIRECTORS PARTNERS, SPOKESPERSONS, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, LICENSORS, SUCCESSORS OR ASSIGNS, OR THE PREDECESSORS AND SUCCESSORS TO EACH OF THE FOREGOING (TOGETHER AS THE “SI PARTIES”), MAKE ANY WARRANTIES OF ANY KIND AND DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, WARRANTIES THAT THE SITES ARE COMPLETELY SECURE, ERROR-FREE OR THE INFORMATION OR CONTENT CONTAINED THEREON ACCURATE, OR WARRANTIES OF NON-INTERRUPTION, NON-INTERFERENCE OR NON-INFRINGEMENT, UNLESS OTHERWISE EXPRESSLY MADE HEREIN.
SI IS NOT RESPONSIBLE FOR ANY OF THE ACTIONS OR OMISSIONS OF ITS USERS, INCLUDING THE CONTENT OF THEIR POSTS TO THE SITES.
SI RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS TO THE SITES OR SERVICES AT ANY TIME WITHOUT CAUSE OR NOTICE.
You acknowledge that access to the Sites will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “carrier lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond SI’s control. SI assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
SI takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in the communication lines, the internet or your internet service provider (“isp”), computer hardware or software, or any other service or device that you use to access the Sites.
LIMITATION OF LIABILITY
Your use of this website is at your sole risk. To the fullest extent possible pursuant to applicable law (including the Statutory Obligations), SI®, its affiliates, SI Customers, and any of their respective directors, officers, employees, or agents hereby expressly exclude any liability for any direct, indirect or consequential losses or damages arising out of or in connection with your use of or inability to use this website or your reliance on any information provided on this website, including:
- loss or corruption of data;
- loss of income or revenue;
- loss of contracts or profits;
- loss of goodwill; and
- wasted management or office time,
whether the alleged liability is based on contract, negligence, tort, breach of confidence, even if foreseeable.
Nothing herein shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.
In relation to the supply of goods or services which are not ordinarily acquired for personal, domestic or household use or consumption, the liability of SI, its affiliates, SI Customers, and any of their respective directors, officers, employees, or agents is hereby limited to (a) the re-supply of the services or equivalent goods, or (b) the replacement of the goods, or (c) the payment of the cost of having the goods or services supplied to you again.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted or submitted by any user to this website. You agree to defend, indemnify, and hold harmless SI, its affiliates, SI Customers, or any of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from your use of any feature that allows you to upload or submit any materials to this website. We shall provide notice to you promptly of any such claim, suit or proceeding of which it receives notice and shall assist you, at your expense, in defending any such claim, suit or proceeding.
You acknowledge that, pursuant to the Digital Millennium Copyright Act (“DMCA”), SI may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion of information or other Content which you provide in or on our Sites violates the notifying party’s or parties’ copyrights. In so doing, SI may elect to remove (or require you to remove) such allegedly infringing information from the Sites and/or SI systems unless you object to the allegation of infringement, in which case SI in its sole discretion, pursuant to the DMCA, may elect to maintain or restore the allegedly infringing information to the Sites and/or SI systems pending the outcome of any litigation or dispute which may be instituted regarding the alleged infringement. You will cooperate fully with SI to assure compliance with the DMCA upon receipt by SI of any “take-down” notice issued by any third party, and in so doing, to promptly inform SI whether you object to any such “take-down” notice and, if so, whether you will institute litigation, arbitration or other legal process to challenge the allegations of copyright infringement.
Notice and Procedure for Making Claims of Copyright Infringement
SI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SI’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work or works that you claim have been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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.
SI’s Copyright Agent for notice of claims of copyright infringement on the SI’s Sites can be reached as follows:
Scientific Intake Limited Co.
c/o Barton LLP
420 Lexington Avenue
ATTN: Scientific Intake DMCA Copyright Agent
Email notifications may be sent to: email@example.com
Please note that this procedure is exclusively for notifying SI and its subsidiaries that your copyrighted material has been infringed on the Sites.
Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
Release. To the maximum extent permitted by applicable law, you hereby release each of the SI Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from (i) the actions and omissions of other Users (including related to or arising from the Content of any posts) and Third Party Sites or (ii) any of your interactions with other Users and Third Party Sites.
Governing Law, Jurisdiction and Waiver of Class Action
This website is controlled and operated by us, our representatives or our affiliates. These Terms and Conditions shall be governed by the internal laws of the State of Massachusetts without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. For any disputes not subject to the arbitration provisions below, you will to submit to the personal jurisdiction of the state and federal courts located within Essex County.
By entering into this agreement, you and SI are each waiving the right to trial by jury or to participate in a class action lawsuit. Each party hereby waives trial by jury to the fullest allowable extent of the law for any such claim or dispute arising from or related to this Agreement or the use of the Sites. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration on an individual basis. The arbitration shall be initiated through an established alternative dispute resolution provider chosen within the sole discretion of SI. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered by any tribunal of competent jurisdiction. You hereby affirmatively consent to the dispute resolution and arbitration process described herein and waive all defenses or objections thereto, whether based on personal jurisdiction, forum, venue, service, or otherwise. Any and all personal appearances related to arbitration will take place in Essex County, Massachusetts. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or in response or anticipation to any of your breaches of this Agreement in any court of competent jurisdiction. SI shall not be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any injunctive or other equitable remedy referred to in this section and you irrevocably waive any right you may have to require the obtaining, furnishing or posting of any such bond or similar instrument.
YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING AND ACCEPTING THIS TERM, YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST SI.
Viruses, Hacking and other Offences
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to this website, the server in which it is stored, or any server, computer or database connected to it. You must not attack this website via a denial-of-service attack or a distributed denial-of-service attack.
We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them in accordance with applicable law. In the event of such a breach, your right to use this website will immediately cease.
Third-Party Information and Websites
Material appearing on this website may include advertising or other material submitted by parties other than us (“third parties”) and this website may provide links to other websites operated by third parties. Such advertising, materials and links are provided for your information only. It is the responsibility of third parties to ensure that such material and such websites comply with all relevant laws and regulations, in the United States, the country you are accessing this website from and elsewhere. To the full extent permissible by law, we disclaim all responsibility for any error, omission, or inaccuracy in such third party material or for the third party’s failure to comply with the relevant laws or regulations and accept no liability for any loss or damage that may arise from your use of such material.
The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including” means “including but not limited to”. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. If any provision of this Agreement shall for any reason be held to be void, voidable or unenforceable, then the remainder of this Agreement shall not be affected thereby, and shall remain in full force and effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, executors, successors and assigns. You may not assign this Agreement without the prior written consent of SI. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements with respect to the subject matter hereof. This Agreement shall not be construed as creating a joint venture or other business relationship.
Copyright/Trademark Information. Copyright © 2015-2017,Scientific Intake. All rights reserved. Scientific Intake™ is a trademark of Scientific Intake Limited Co.. The trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.