Terms and Conditions

LAST UPDATED

 

September 8, 2016

 

WELCOME AND INTRODUCTION

 

Our mission is to make local scientific resources easily accessible.  We seek to provide the opportunity for connection and relationship between professionals who seek to find certain scientific resources and the organizations that offer those resources to others. 

 

AN AGREEMENT BETWEEN YOU AND US

 

SciLocal, LLC (“Company,” “We,” “Us,” or “Our”) operates this website, http://www.scilocal.com (“Site”).  These Terms of Use are applicable to you (“User,” “You,” or “Your”).  Whether You represent a company or yourself individually, We seek to provide access to scientific capabilities of all sizes within the United States.  Thus, these Terms of Use are effective upon Your access and use of the Site, and by accessing and using this Site, You agree to comply with and be bound by these terms and conditions, as well as Our “Privacy Policy,” found at scilocal.com/privacy-policy.php, which is herein incorporated by reference.

 

Read these Terms of Use carefully before You begin using this Site.  The terms contained herein apply to all Users of this Site.  If You do not agree to be bound by these Terms of Use, then You should not continue to use this Site, and You should exit its pages.  Note that the Terms of Use may be updated from time to time, and any User’s continued use of this Site after We have made updates to the terms is considered acceptance of those updates.  For clarity, all updates are effective immediately when posted.  It is Your responsibility to check the Terms of Use periodically for updates.

 

 

 

ACCESS AND USE OF THIS SITE

 

This Site is offered and available to users who are 18 years of age or older.  By using this Site, You represent and warrant that You are of legal age to form a binding contract with the Company. If You do not meet this requirement, You must not access or use the Site.

 

We reserve the right to modify the Site in Our sole discretion without notice.  We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time.  Periodically, We may restrict access to portions of the Site, or the entire Site.  We may make these modifications at any time and for any reason without prior notice.

 

To access certain portions of the Site, You may be asked to provide certain registration details or other information.  A User who is provided with a username, password, or any other piece of information as part of the Site’s security procedures, must treat such information as confidential, and the User must not disclose it to any other person or entity.  If You do register for an account with this Site, You must agree to the Service Agreement, accessible here scilocal.com/services.php.

 

 

 

Reliance on Information Posted

 

You assume any and all risk for decisions based on information contained within this Site.]  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.   Any reliance You place or decisions You make on such information is strictly at Your own risk.  We disclaim all liability and responsibility arising from any reliance placed on these Site materials by You or any other User of the Site, or by anyone who may be informed of any of its contents.

 

This Site may contain content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

 

 

 

Links to Third-Party Websites

 

This Site may contain links to other websites on the Internet.  When You leave this Site, You do so at Your own risk.  By providing a link to a third-party website, We are not endorsing or attempting to associate with any other entity.  Other websites are not under Our control, and You acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other information from a third-party website.  You also acknowledge that SciLocal, LLC, shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, Your reliance on any information, any good, any service, or any other material provided through a third-party website. 

 

Usage within the United States

 

We control and maintain this Site in the United States, and Our Company makes no representation that the information provided on these Site pages is appropriate or available for use in other locations outside of the United States.  If You use this Site from other locations, You are responsible for compliance with applicable local laws.

 

 

 

Prohibited Uses

 

As a condition of use of the Site, You represent and warrant that You shall not use the Site for any purpose that is unlawful or prohibited by this Agreement.  You agree to abide by all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

 

While using the Site, You further agree:

 

 

    • Not to falsify any personal information or otherwise create misleading information;

 

    • Not to impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity;

 

    • Not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;

 

    • Not to use any device, software or routine that interferes with the proper working of the Site;

 

    • Not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;

 

    • Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

 

    • Not to use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

 

    • Not to post or transmit from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law;

 

    • Not to post or transmit to the Site any content that infringes or violates the intellectual property right or the right to privacy of any third party;

 

    • Not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent;

 

    • Not to delete any legal notices, disclaimers or proprietary notices;

 

    • Not to use the Site to gather, collect, store or save data about other Users without their express, prior, written permission;

 

    • Not to interfere with or disrupt the Site networks or servers;

 

    • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;

 

    • Not to use the Site to send unwanted advertising solicitation or spam; or

 

    • Not to interfere with Company or another authorized party’s use and enjoyment of the Site.

 

 

Company has no obligation to monitor use of the Site or retain the content on the Site unless otherwise agreed.   Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to audit or otherwise monitor any communication transmitted using the Site.  Company further reserves the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business need of the Company.

 

 

 

INTELLECTUAL PROPERTY

 

The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, video and audio, and the design, selection and arrangement thereof) are owned by Us.  This material, collectively, is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  We retain all of these intellectual property rights.  You may not copy, download, republish, distribute, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Site in any form without the prior written consent of Our Company.

 

User Submitted Content and License of Intellectual Property Rights.  When You submit comments or other information through this Site, You grant Our Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“Submitted Website Content”).

 

Additionally, when You publish comments through any third-party social media website, and You subsequently and affirmatively grant Us the right to republish those comments on this Site (“Submitted Social Media Content”), you grant Our Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You allow Us to republish.   You hereby acknowledge and agree that Submitted Website Content and Submitted Social Media Content may be displayed on The Site and used in any of Our marketing material(s) by Our Company at Our sole discretion.

 

All of the Site content is copyrighted material and is protected by the Copyright Act of 1976.  You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without Our prior, express, and written permission.

 

 

 

DISCLAIMER OF WARRANTIES

 

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  YOU ACKNOWLEDGE THAT WE HAVE NO FIDUCIARY OBLIGATION, DUTY, OR RELATIONSHIP TO YOU.

 

 

 

COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP.  WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE, THE PLATFORM, INFORMATION FOUND ON THIS SITE, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE.  WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY,  COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED.   WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.

 

You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. 

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

 

 

 

LIMITATION OF LIABILITY

 

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE AND ANY SUBSEQUENT RELATIONSHIPS YOU DEVELOP WITH OTHER USERS OF THIS SITE.

 

You, alone, acknowledge that You are responsible for any actions You take while on this Site and for the formation of any business relationships You make while using this Site.  You recognize that Your use of the Site and any subsequent actions arising from Your use of the Site are taken solely at Your own risk.

 

IN NO EVENT WILL OUR COMPANY, EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  ADDITIONALLY, YOU AGREE THAT SCILOCAL, LLC, IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, OBSCENE, HARASSING, OR OTHERWISE UNLAWFUL CONTENT OR INFORMATION RESULTING FROM YOUR USE OF THIS SITE OR YOUR RELATIONSHIPS WITH OTHER USERS OF THIS SITE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

 

INDEMNIFICATION

 

You shall indemnify, defend and hold Company, its employees, and agents harmless from all damages, liabilities, and expenses.  This includes all legal costs, attorneys’ fees, court costs, expenses, and settlements resulting from any action or claim, arising out of, connected with, or resulting from any violation of these Terms of Use.  This also includes Your use of the Site, along with Your use of the Site’s content and services, other than as expressly authorized in this Agreement, or Your use of any information obtained from the Site.

 

 

 

GOVERNING LAW; JURISDICTION

 

These Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws).  You agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Nashville, Tennessee.  Each Party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

 

 

 

SEVERABILITY

 

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.

 

 

 

WAIVER

 

No waiver by the Company of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision shall not constitute a waiver of such right or provision.

 

 

 

MODIFICATIONS

 

As iterated above, We may modify these Terms of Use at any time, in Our sole discretion, and modifications are effective upon being posted on the Site. 

 

 

 

CONTACT

 

To ask questions or comment about this Agreement, You may Contact Us at:

 

info@scilocal.com

 

 

 

Phone Number:

 

800.543.7848

 

 

 

ENTIRE AGREEMENT

 

The Terms of Use, along with the Privacy Policy referenced herein, and the Service Agreement if applicable to a User who has created an account on this Site, represent the entire understanding and complete agreement by and among User and Company. 

 

 

 

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.

 

 

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