Terms Of Service
Effective Date: September 27, 2016
Please read the following carefully as it governs your use
of the Web pages hosted by formprintr.com and/or its various affiliates and
partners that are owned or managed by SciconRD.com (collectively referred to as
"SciconRD", “we” or the "Site").
By accessing or using the Site, you expressly agree and consent to the
following terms and conditions. If you do not accept the terms and conditions stated
here, do not use the SciconRD Sites.
1. SCOPE OF AGREEMENT.
These Terms of Use apply to any User who accesses the Site.
A "User" is an end user who registers on our Site to create a
Document or form, download or print any information, whether published by SciconRD or created by the User, or makes use of any of the
Site’s services and associated tools. A User also includes anyone who uses any
of our products or tools without registering on our Site, e.g., to participate
in a free trial, or consume any content on the Site. These Terms of Use apply
to all content and services made available through the Site, including those
not available as of the "Effective Date” above.
2. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of our Site, you represent that
you are at least 18 years of age and are not a person barred from receiving
services under the laws of the applicable jurisdiction. You also agree to
provide true, accurate, current and complete information about yourself as
prompted by the Site's registration form. You acknowledge that you have no
ownership rights in your account. If you or SciconRD
cancels your account, all your account information, including forms, Documents,
cover letters and any other information you provided, created or associated
with your Account will be deleted and removed from any public area of the
Sites. Information may continue to be available for some period of time because
of delays in effecting deletion or through cached copies retained by third
parties.
3. USE OF SITE CONTENT AND MATERIALS.
SciconRD grants you a non-exclusive, non-transferable, revocable
license (a) to access (but not through scraping, spidering, crawling or other
technology or software used to access data without the express written consent
of SciconRD (a) and use the Site strictly in
accordance with this Agreement; (b) to use the Site solely for personal,
non-commercial purposes; (c) to share your results with friends, relatives and
trusted advisors for the purpose of assisting you with your personal matters or
educating them about the availability of SciconRD ;
(d) to print out discrete information from the Site solely for personal,
non-commercial purposes so long as you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances. Your license for access and use of
the Site and any information, materials or Documents therein (collectively
defined as "Content and Materials") are subject to the following
restrictions and prohibitions on use: You may not (a) copy, print (except for
the express limited purpose permitted), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials retrieved
therefrom without SciconRD 's express written
permission; (b) use the Site or any materials obtained from the Site to develop,
or as a component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism. To the extent you use or obtain contract, application,
agreement or other Content and Materials from SciconRD,
its licensors or the Site, all such information is intended by SciconRD to be directed at individual consumers and not
employers or organizations and is provided for personal use by individual
consumers only.
4. SITE RULES.
1. In order to provide a welcoming and productive community
on our Site and to improve the safety and security of our Site, we require that
you adhere to the following rules:
(a) Do not give your user name or password to others. You
are responsible for maintaining the confidentiality of your user name and
password in order to protect your information. You are responsible for all uses
of your registration, whether or not authorized by you. If others use your
password to post inappropriate material on the Site, you risk losing your
access to the Site. You agree to notify SciconRD
immediately of any unauthorized use of your registration and password.
(b) Do not respond to postings by other SciconRD
users in any manner or for any purpose other than that which is expected.
(c) Do not present SciconRD
Content or Materials (or permit Content and Materials to be presented) so that
it appears to be available from a third party Web
site.
(d) Do not delete or revise any material posted by any other
person or entity.
(e) Do not violate or attempt to violate the security of the
Site.
(f) Do not access data not intended for your use.
(g) Do not log into a server or account which you are not
authorized to use.
(h) Do not use the Site to advertise or offer to sell or buy
any goods or services.
(i) Do not use the Site for any
unlawful purpose or in any manner that would violate international, federal or
local laws or regulations, that would infringe any third party's intellectual
property rights or in a manner that is defamatory, obscene, abusive or hateful.
(j) Do not attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization.
(k) Do not attempt to interfere with service to any User,
host or network, including, without limitation, via means of submitting a virus
to the Site, overloading, "flooding", "mail bombing" or
"crashing".
(l) Do not modify, adapt, translate, reverse engineer,
decompile or disassemble any portion of the Site.
(m) Do not send SPAM or commercial emails of any kind and do
not send any unsolicited e-mail to individuals, entities or SciconRD
Users.
(n) Do not forge any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
(o) Do not attempt to or actually access the Site by any
means other than through the interfaces provided by the Site or by navigating
to http://www.SciconRD.com using a web browser. This prohibition includes
accessing or attempting to access the Site using any third-party service,
including software-as-a-service platforms that aggregate access to multiple
services, including SciconRD.
(p) Do not use manual or automated software, devices, script
robots, other means or processes to access, "scrape,"
"crawl," or "spider" any web pages or other services
contained in or on the Site.
(q) Do not utilize or copy information, content or any data
you view on and/or obtain from the Site to provide any service that is
competitive, in SciconRD's sole discretion, with the
Site.
(r) Report inappropriate postings or conduct to SciconRD.
2. Your violation of any of these Rules may result in civil
or criminal liability. SciconRD will investigate
occurrences relating to such violations and may involve and cooperate with law
enforcement authorities in prosecuting Users involved in such violations. If SciconRD determines you misled SciconRD
or violated these rules or the Terms of Use, we reserve the right to terminate
this Agreement and your use of the Site. SciconRD is
under no obligation to monitor the conduct of its Users, but it may investigate
and respond when violations are reported. It is your responsibility to ensure
that your use of the Site complies with these Terms of Use and all applicable
laws.
5. UPLOADING/POSTING OR DISTRIBUTING FORMS AND DOCUMENTS.
1. In connection with certain services available on the
Site, such as the Form or Document product(s), you may elect to upload and
distribute documents or other materials to the Site ("Documents").
Your submission of information to the Site, including the uploading of
Documents is also governed by SciconRD's Privacy
Policy, the terms of which are fully incorporated by reference herein. You
agree that you are solely responsible for the content of any Document you post
to the Site and any consequences arising from such posting. In order to
maintain the integrity of our Site and promote a positive experience for all
users, you must adhere to the following rules:
(a) Your Documents may not contain: (i)
confidential or private information belonging to others including material
non-public information about an individual, company or entity which you do not
have the right to transmit or publish or hold in your possession, for whatever
reason; (ii) material that infringes on or misappropriates any other
intellectual property rights, or violates the privacy or publicity rights of
others; (iii) white text keywords (including any words embedded in the Document
and hidden from the User); (iv) anything that is sexually explicit, obscene,
libelous, defamatory, threatening, harassing, abusive, or hateful; (v) anything
that is embarrassing or offensive to another person or entity; (vi) anything
that would give rise to criminal or civil liability, (vii) anything that
encourages conduct that constitutes a criminal offense; (viii) anything that
encourages or provides instructional information about illegal activities or
activities such as "hacking," "cracking," or
"phreaking"; (ix) any virus, worm, Trojan horse, Easter egg, time
bomb, spyware, malware or other computer code, file, or program that is harmful
or invasive or may, or is intended, to damage or hijack the operation of, or to
monitor the use of, any hardware, software or equipment; or (x) any unsolicited
or unauthorized advertising, promotional material, "junk mail,"
"spam," "chain letter," "pyramid scheme" or
investment opportunity, or any other form of solicitation.
(b) You may not use your Documents to: (i)
impersonate another person, living or dead; (ii) post false, inaccurate or
misleading information; (iii) post advertisements or solicitations of business;
(iv) post chain letters or pyramid schemes; (v) post opinions or notices,
commercial or otherwise; or (vi) restrict or inhibit any other person from
using the Site (including without limitation by hacking or defacing any portion
of the Site).
(c) Document Documents must (i)
contain the accurate Document of a living individual who also is the User; (ii)
not contain anything indicating that others should email for more details.
Documents may not charge a fee or restrict complete access to all Document
information.
(d) Where applicable, all Documents must be updated
regularly to ensure that they are true, accurate, and complete.
(e) If you have an idea or information that you want to
remain confidential or do not want others to use, or that is subject to third
party rights that may be infringed by your sharing it, do not post it to any
portion of the SciconRD Site or to any other site
through the SciconRD Site. SciconRD
IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR
INFORMATION YOU POST ON OR THROUGH OUR SITE.
2. SciconRD has no obligation to
review Documents posted on the Site, but it may elect to do so. Documents found
to violate these Terms of Use may be removed at SciconRD's
discretion and may result in SciconRD terminating
your use of the Site or our services.
3. Special Terms Related To
Profiles and Documents: Please note that, as part of the services offered on
our Site, SciconRD allows the creation of an
electronic profile and email address for individuals who register for the Site
(our Users) and for whom a Document is stored to the Site (“Profiles”). These
profiles may include enhanced features such as graphics, images, text, data
posted messages etc. SciconRD will not screen or
review any of the User posted/uploaded materials to determine suitability for
employment nor will it consider any of the individuals for employment with SciconRD. SciconRD is
not an agent for any individual submitting his or her Document or other
materials through the Site or any company that may view an individual's
Document or materials through the Site. Nothing herein creates an
employer-employee, agency or other relationship between SciconRD
and such individual. SciconRD has no responsibility
for, control over or liability related to recruiting, hiring or any other
decisions related to employment with respect to the Documents on or individuals
using the Site. The Site acts as, among other things, a venue for Users to
create and edit Documents and for others to view such Documents when the User
grants permission. SciconRD does not review, screen,
edit or monitor the Documents posted on our Site or make any judgments about or
selections of Documents or individuals. SciconRD is
not involved in the actual transaction between a potential counterparty and any
Users through the Site and has no control over the Documents or the quality,
truth, accuracy, reliability, completeness or timeliness of such materials. SciconRD makes no representations or warranties about any
material Users post on our Site.
4. Special Notice about the SciconRDs
status and/or relationship with User: We are not licensed attorneys or a
law firm, nor do we claim to be. By using this Site, you acknowledge that SciconRD and its affiliates are not providing you with
legal advice or acting as your attorney, and you assume full responsibility for
any outcomes or costs associated with your use of this Site. SciconRD does not claim that forms and Documents are
complete and suitable for use in all situations and
jurisdictions. You should seek your own legal counsel before relying
on any SciconRD Document for any contract, agreement
or transaction which can reasonable be construed to be too complex for the
types of Documents available on the Site. You hereby acknowledge
that SciconRD is not a party to any agreement that
you enter into as a result of the use of any Document that you create, use or
download from the Site. Use of the Site and any Document does not
constitute an attorney-client relationship, joint venture or partnership between
SciconRD and any User or third party.
6. PAYMENT.
1. While many of the services offered on the Site are
provided free of charge, some of our Services require payment. In order to use
our services that have fees associated with them, you must select a payment
method and provide accurate billing and payment information when prompted. You
agree to pay SciconRD for all charges incurred under
your account, including all applicable taxes, fees and surcharges. You
authorize SciconRD to charge your designated payment
method for such charges. If SciconRD, for any reason,
does not receive payment from your designated payment method, you agree to pay
all amounts due upon demand by SciconRD or its
operators. Every time you use the Site, you reaffirm that (i)
SciconRD (or its designated vendor acting as its
billing agent) is authorized to charge your designated payment method; (ii) SciconRD may submit charges incurred under your account for
payment; and (iii) you will be responsible for such charges.
2. Please note that SciconRD uses
a domestic or an international third-party payment service, the latter of which
may result in international transactions fees billed to your credit card,
(collectively, the "Payment Service"), to collect payments for all
fees. At the time of purchase, you will provide SciconRD
your payment information and we will pass that along to the Payment Service.
Please note that any international transaction fees that you may incur are
charged by your bank and not by SciconRD. All
questions concerning such fees should be directed towards your bank. Any
information you provide us in connection with payment that we provide to the
Payment Service will be subject to the Payment Service's user agreement and
privacy policy, not this Agreement or our Privacy Policy. You acknowledge and
agree that SciconRD is not, and will not be,
responsible or liable for the Payment Service's services, its site or any acts
or omissions of the Payment Service. Price and availability of any product or
service offered through the Site are subject to change without notice. Refunds
and exchanges will be subject to SciconRD's refund
and exchange policies then in effect. You agree to pay all charges that may be
incurred by you or on your behalf through the Site, at the price(s) in effect
when such charges are incurred, including without limitation, any taxes that
may be applicable.
7. REFUND AND EXCHANGE POLICY.
We want you to be 100% satisfied with our products and
services. If you are less than satisfied or feel there has been an error in
billing, please contact usimmediately so that we can help you resolve the issue. If you are still
not satisfied you may request a refund for up to 30 days after signing up for
any service offered on the Site, inclusive of any free trial
period. After 30 days you may cancel any subscription or access to
the Site, but you will not be entitled to a refund.
8. THIRD PARTIES.
1. Various third parties offer or provide materials through
the pages on our Site. You also may obtain access to other sites on the
Internet through the pages on our Site. By providing this service, SciconRD is not undertaking any responsibility or liability
for information or publications of third parties on the Internet even if you
access them through these pages. Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through the Site,
including payment and delivery of related goods or services and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such third party. You agree that SciconRD
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
third parties' links and/or ads on the Site and SciconRD
expressly disclaims any responsibility or liability for any material
communicated by third parties through these pages or for any claims, damages or
losses resulting from the use thereof.
2. We and/or third-parties may make available through the
Site services (for example, message boards, chat functionality and comment
features on blogs, among other things) to which you are able to post
information and materials (each, a "Forum"). PLEASE BE AWARE THAT
SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS
AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT.
9. REPRESENTATIONS AND WARRANTIES.
1. No Representations or Warranties by SciconRD.
SciconRD makes no representations or warranties with
respect to these pages, their Content and Materials (including, without
limitation, material communicated by third parties) or communications from Customer
Service representatives, all of which are provided on an "as is" and
"as available" basis. SciconRD disclaims
all warranties, express or implied, including without limitation the implied
warranties of merchantability and fitness for a particular purpose. SciconRD makes no representations or warranties that the
services provided by these pages or any customer service representatives will
be uninterrupted or error-free, that defects will be corrected or that the
pages or the server that makes them available are free from viruses, worms or
other harmful components. If your use of the Site results directly or
indirectly in the need for servicing or replacing equipment or data, SciconRD is not responsible for those costs. SciconRD also makes no representations or warranties as to
whether the information accessible via these pages or customer service
representatives, including information posted by Users or third parties, is
accurate, complete, current, reliable or truthful. SciconRD
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
2. Nothing on the Site shall be considered an endorsement,
representation or warranty with respect to any User or third party, whether in
regards to its web site, products, services, experience, recruiting, hiring or
otherwise. No advice or information obtained by any User from SciconRD or its personnel shall create any warranty not
expressly provided for in this Agreement. You agree that any reliance on
materials/information posted by Users or on any other form of communication
with Users will be at your own risk. SciconRD acts
as, among other things, a portal for the online distribution and publication of
User submitted information and has no obligation to screen communications or
information in advance and is not responsible for screening or monitoring User
posted material or information, although it reserves the right to do so.
3. No Guaranty of Results. SciconRD
makes no representations or guarantees regarding the effectiveness or
timeliness of the Site in meeting objectives of Users. SciconRD
does not guarantee that Documents created, checked or reviewed using the Site,
Documents written by SciconRD or materials posted by
Users will result in an agreement, contract or successful application, for
whatever reason made, made by any User or third party.
4. User Representations and Warranties. You hereby represent
and warrant that you (i) are using the Content and
Materials solely for your own personal use and not for any business or research
purpose; (ii) are not a human resource specialist, researcher, hiring manager
or other similar employee of a business or organization that is accessing
employment hiring or firing Content and Materials for use in your job duties or
for the benefit of your employer or organization; (iii) will not use the
Content and Materials for commercial purposes and will not aggregate,
redistribute or otherwise transmit the Content and Materials to any other
individual or entity; and (iv) will not use (or plan, encourage or help others
to use) the Site for any purpose or in any manner that is prohibited by these
Terms of Use or by applicable law.
10. LIABILITY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCICONRD AND ITS
PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR
CREATED BY SCICONRD, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION
THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF SCICONRD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO
USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER
RELATING TO THE SITE.
SCICONRD RESERVES THE RIGHT AT ANY TIME TO MODIFY OR
DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR
WITHOUT NOTICE. YOU AGREE THAT SCICONRD SHALL NOT BE LIABLE TO YOU OR TO ANY
THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE
SITE. THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE
HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SCICONRD'S MAXIMUM
LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S.
$50.00 IN THE AGGREGATE. IN NO EVENT SHALL SCICONRD (ITS PARENT, SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE
WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES),
BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00 OR
FIVE TIMES THE AMOUNT OF YOUR MOST RECENT MONTHLY PAYMENT (IN THE EVENT YOU ARE
A PAYING SUBSCRIBER), WHICHEVER IS LESS. IF ANY PART OF THE EXCLUSIONS OF
DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER
APPLICABLE LAW, SCICONRD'S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE.
BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, SCICONRD
CANNOT AND DOES NOT CONFIRM EACH USER'S IDENTITY. WE ARE NOT INVOLVED IN
USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY
SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS,
YOU RELEASE SCICONRD (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
SAYS: "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."
11. PROPRIETARY RIGHTS.
1. The Site and all right, title and interest in and to the
Site is the sole property of SciconRD and/or its
Affiliates (including parent company) or its licensors, and is protected by
U.S. copyright and international treaties. SciconRD
reserves for itself and its licensors all other right, title and interest.
"SciconRD " and the SciconRD
design logo are registered service or trademarks and certain other names or
logos, such as SpeechFlare/SpeechFlair, for example,
are service marks or trademarks of SciconRD . All related products and service names, design marks and
slogans are also the service marks or trademarks of SciconRD.
In addition, the "look" and "feel" of the Site (including
color combinations, button shapes, layout, design and all other graphical
elements) are protected by SciconRD's trademarks,
service marks and copyrights. All other product and service marks contained on
the Site are the trademarks of their respective owners. You agree that the Site
and any software used in connection with the Site contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further agree that content, including any tests and/or
reports, contained in advertisements or information presented to you through
the Site or by advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
permitted by applicable law or authorized by SciconRD
or its advertisers (as applicable), you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part. SciconRD also reserves
the right to use its work, including, without limitations, any Documents
written by SciconRD, in instructional or promotional
material subject to the Privacy Policy.
2. For the avoidance of doubt, each User retains ownership
of any materials you, the User, submits through the Site (each, a
"Submission"). However, in order to make your Submissions available
on the Site and to best provide you with services tailored to such Submissions,
SciconRD needs certain rights to your Submissions. As
such, by submitting materials to our Site, including Documents, you grant to SciconRD and its designees a worldwide, non-exclusive,
transferable, royalty-free, fully-paid up, perpetual, irrevocable right and
license, without compensation or further notice to you: (a) to use, reproduce,
distribute, adapt (including without limitation edit, modify, translate, and
reformat), create derivative works of, publicly display and publicly perform
such Submission, and the contents of such Submission, in any media now known or
hereafter developed, for SciconRD 's business,
marketing and promotional purposes and (b) to sublicense the foregoing rights,
through multiple tiers, to the maximum extent permitted by applicable law;
provided however, that in each case, with respect to the Document materials you
submit, such rights shall be subject to any restrictions or limitations
established by you in connection with your creation or maintenance of such
Document (for example, if you limit availability of your Document, SciconRD will use commercially reasonable efforts to ensure
that the availability of your Document complies with the settings you
selected). By way of further explanation, SciconRD
would not be able to perform many of the services we offer without your
granting SciconRD these rights. For example, without
the right to "adapt," we would be unable to make the necessary
changes to the Submissions so that the Submissions meet our technical criteria;
without the right to reproduce, we would be unable to make copies of
Submissions on our servers to post the Submissions. As noted, this license is
non-exclusive (so you can license your Submissions to others), worldwide (as
the Internet is global in its reach), fully-paid up and royalty-free (so that
we do not have to pay you for posting your Submissions) and sublicensable
through multiple tiers (so that we can use our subcontractors to provide
Services).
3. For each Submission, you represent and warrant that you
have all rights necessary for you to grant the licenses granted in this section
and that such Submission and your provision thereof to and through the Site
comply with all applicable laws, rules and regulations. You acknowledge that
you are solely responsible for verifying any and all information contained in
any Submission, including, without limitation, confirming your own data, terms
or language, and that SciconRD is not responsible for
correcting any information provided to any third party. You further irrevocably
waive any "moral rights" or other rights with respect to attribution
of authorship or integrity of materials regarding each Submission that you may
have under any applicable law under any legal theory.
4. Claims of Copyright Infringement. If you have a good
faith belief that materials available on the Site infringe your copyright, send
SciconRD a notice requesting that we remove the
material or block access to it. If you believe in good faith that someone has
wrongly filed a notice of copyright infringement against you, send SciconRD a counter-notice. Notices and counter-notices must
meet the then-current statutory requirements imposed by federal law (see
http://www.copyright.gov/ for details). See below "Information or
Complaints" for where to send notices or counter-notices.
12. FITNESS FOR USE.
SciconRD makes no representation that materials on these pages are
appropriate or available for use in any particular location. Those who choose
to access these pages do so on their own initiative and are responsible for
compliance with local laws.
13. BINDING ARBITRATION.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH
FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT
BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first
contact SciconRD by email at support@SciconRD.com, so
that we can work to resolve the dispute. Similarly, we must first contact you
at the most recent email address that we have on file for you before bringing a
dispute to arbitration. In the event that we cannot resolve a dispute within
sixty (60) days of notification by either party or if SciconRD
is unable to reach you, you do not respond to our efforts to contact you or you
fail to engage in good-faith settlement discussions with SciconRD,
then the following procedures shall apply. All disputes arising under or
relating to this Agreement shall be settled by arbitration administered by the
American Arbitration Association under its Commercial Arbitration Rules and
Supplementary Procedures for Consumer-Related Disputes ("Supplementary
Procedures"), as amended by the terms of this Agreement. The Supplementary
Procedures are available online at www.adr.org. To the extent that the
arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by
teleconference or videoconference, rather than by personal appearances. Any
in-person appearances requested by the arbitrator shall be held in San
Francisco, CA. The arbitrator's decision shall be based upon the substantive
laws of the State of California without regard to its principles of conflicts
of law. Arbitration proceedings shall be conducted in English and shall be
conducted in a manner that preserves confidentiality. The arbitrator's decision
shall follow the plain meaning of the relevant documents and shall be final and
binding. The award rendered by the arbitrator(s) may be confirmed and enforced
in any court having jurisdiction thereof. Notwithstanding any of the foregoing,
SciconRD may seek injunctive relief in U.S. state or
federal courts for protection of its intellectual property rights (including
the rights of its licensors), and you agree to exclusive jurisdiction by the
federal and state courts located in the State of California and waive any
jurisdictional, venue or inconvenient forum objections to such courts.
14. GENERAL TERMS.
1. Entire Agreement. These Terms of Use constitute the
entire agreement between you and SciconRD and govern
your use of the Site, superseding any prior agreements between you and SciconRD with respect to the Site. You also may be subject
to additional terms and conditions, e.g., our Privacy Policy, as set forth on
our Site or when you use or purchase certain other SciconRD
services, affiliate services or third-party content or third-party services.
2. User Remedies. You acknowledge that, except as expressly
provided elsewhere in this Agreement, your only right with respect to any
dissatisfaction with any modification or discontinuation of service made by SciconRD or any policies or practices in providing this
Site or our products, including without limitation any change in content or any
change in the amount or type of fees or charges associated with our products,
is to cancel your subscription or user account, as applicable. In no event
shall you seek or be entitled to rescission, injunctive or other equitable
relief, or to enjoin or restrain the operation of the SciconRD
's services, exploitation of any advertising or other materials issued in
connection therewith, or exploitation of SciconRD 's
services or any content or other material used or displayed through SciconRD's Sites.
3. Choice of Law and Forum. The Terms of Use and the
relationship between you and SciconRD shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and SciconRD agree to submit
to the personal and exclusive jurisdiction of the courts located within the
county of San Francisco, California.
4. Indemnity. You agree to defend, indemnify, and hold
harmless SciconRD (and its officers, directors,
employees and agents) from and against any third party
claims, actions or demands (including, without limitation, costs, damages and
reasonable legal and accounting fees) alleging or resulting from or in
connection with your use of the Site, Documents posted by you on the Site or
distributed by you through the Site or your breach of this Agreement. SciconRD shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding
and may assist you, at your expense, in defending any such claim, suit or
proceeding.
5. Waiver and Severability of Terms. The failure of SciconRD to exercise or enforce any right or provision of
the Terms of Use shall not constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full force and effect.
6. Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Site or the Terms of Use must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
7.Amendment. SciconRD reserves the
right to update or amend these Terms of Use at any time without notice by
posting Updated Terms of Use to this web page, so you should visit this page
often.
8. Term and Termination. This Agreement is effective until
terminated. SciconRD, at its sole discretion, may
terminate your access to or use of the Site, at any time and for any reason.
Such termination, including deactivation or deletion of your password and user
name, and all related information and files associated with it may happen
without prior notice. SciconRD shall not be liable to
you or any third party for any termination of your access to the Site or to any
such information or files and shall not be required to make such information or
files available to you after any termination. Sections 6-14 shall survive such
termination.
9. Filtering. Please note that parental control protections
(such as computer hardware, software or filtering services) are commercially
available that may help you to limit access to material that is harmful to
minors. Information on these types of parental controls is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online
(http://onguardonline.gov/). SciconRD does not
endorse any of the products or services listed at these sites.
10. Notice. For purposes of service messages and notices
about the services to you, notice shall consist of an email from SciconRD to the email address associated with your account,
regardless of any other information we may have. SciconRD
also may, at its option, communicate with you through your account or through
other means including email, mobile number, telephone, or delivery services
including the US Postal Service about your account or services associated with SciconRD. SciconRD shall have no
liability associated with or arising from your failure to maintain accurate
contact or other information, including, but not limited to, liability your
failure to receive important information about our services.
11. Customer Service. As part of the services SciconRD offers, we may make live customer service agents
available to our Users to discuss transactional or other issues telephonically
or through electronic or written communications. Customer Service
Representatives are not permitted and do not have authority to bind the company
or to contravene these Terms of Use. In addition, SciconRD
expressly disclaims any liability for information provided by its customer
service representatives to the extent the information is beyond or inconsistent
with information set forth herein.
12. Section Titles. The section titles in the Terms of Use
are for convenience only and have no legal or contractual effect.
13. Privacy Information. SciconRD recognizes the importance of protecting the
information that we collect from customers during the process of using the SciconRD site. For further information, please review our
complete Privacy Policy which is fully incorporated by
reference into these Terms of Use. If you have questions about any of the
provisions described above, please contact us at support@SciconRD.com.