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ScienXe Terms of Service

General Disclaimer

Scimetrica, ScienXe ("ScienXe") does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. ScienXe reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. THE SERVICE AND THE MATERIALS ARE PROVIDED BY ScienXe ON AN "AS IS" BASIS, AND ScienXe EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL DW DATA,INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.

ScienXe makes no representations concerning any endeavor to review the content of sites which it hosts, and so the Company isn't responsible for the accuracy, copyright compliance, legality or decency of material contained in sites which it hosts.

ScienXe respects the rights (including the intellectual property rights) of others, and we ask our users to do the same. ScienXe may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.

Trademark Information

ScienXe, and other ScienXe logos and product and service names are trademarks of Scimetrica.

1. ACCEPTANCE OF TERMS

ScienXe provides the ScienXe service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You can review the most current version of the TOS at any time by bookmarking this page, or visiting:


Please note that other ScienXe services, outside of ScienXe, are governed by a different Terms of Service.

2. DESCRIPTION OF SERVICE

ScienXe currently provides users with access to a rich collection of on-line resources, including personal web page hosting services (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new ScienXe resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ScienXe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ScienXe has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from ScienXe, such as service announcements, administrative messages and a ScienXe Newsletter, and that these communications are considered part of ScienXe membership and you will not be able to opt out of receiving them. In addition, ScienXe reserves the right to terminate any accounts which have not used any ScienXe services within the last 90 days.

By registering for the Service, you hereby certify that the Registrant for the Service is age 13 or older. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.

4. ScienXe PRIVACY POLICY

Pursuant to ScienXe's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy here.

5. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ScienXe, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. ScienXe does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Service to:

(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a ScienXe official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(o) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond ScienXe; or
(p) have more than one ScienXe address per person.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. CONTENT SUBMITTED TO ScienXe

ScienXe does not claim ownership of the Content you place on your ScienXe Site. By submitting Content to ScienXe for inclusion on your ScienXe Site, you grant ScienXe the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your ScienXe Site on ScienXe's Internet properties. This license exists only for as long as you continue to be a registered ScienXe user and shall be terminated at the time your ScienXe Site is terminated.

You acknowledge that ScienXe does not pre-screen Content, but that ScienXe and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, ScienXe and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. INDEMNITY

You agree to indemnify and hold ScienXe, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that ScienXe may establish general practices and limits concerning use of the Service, and that these limits may change from time-to-time. Currently, ScienXe limits daily bandwidth usage to 150MB per day (4.5GB/month) for free sites, and 1.7GB per day (50GB/month) for paid sites. Sites which exceed these limits may be subject to suspension.

11. MODIFICATIONS TO SERVICE

ScienXe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ScienXe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that ScienXe, in its sole discretion, may terminate your password, ScienXe Site, use of the Service or use of any other ScienXe service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ScienXe believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ScienXe may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ScienXe may immediately deactivate or delete your ScienXe Site and all related information and files in your ScienXe Site and/or bar any further access to such files or the Service. Further, you agree that ScienXe shall not be liable to you or any third-party for any termination of your access to the Service.

13. ADVERTISEMENTS AND PROMOTIONS

ScienXe runs advertisements and promotions at various locations within the Service. By using the Service, you agree that ScienXe has the right to run such advertisements and promotions. The manner, mode and extent of advertising by ScienXe is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 advertiser. You agree that ScienXe 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 advertisers on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ScienXe has no control over such sites and resources, you acknowledge and agree that ScienXe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ScienXe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. ScienXe PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ScienXe or advertisers, 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.

ScienXe grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ScienXe for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ScienXe EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) ScienXe MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ScienXe OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ScienXe SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ScienXe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. ScienXe shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

20. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

21. COPYRIGHTS

ScienXe respects the intellectual property rights of others and we ask our users to do the same.

22. GENERAL INFORMATION

The TOS constitute the entire agreement between you and ScienXe and govern your use of the Service, superceding any prior agreements between you and ScienXe or ScienXe (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other ScienXe services, third-party content or third-party software. The TOS and the relationship between you and ScienXe shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and ScienXe agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chicago, Illinois. The failure of ScienXe to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. VIOLATIONS

Please report any violations of the TOS to ScienXe customer care via email at: customerservice@ScienXe.org. We will make every commercially reasonable effort to address any violations as quickly as possible.

24. PREMIUM SERVICES

In the event that Customer orders optional paid Premium Services, the additional Terms in this Section (Section 24) shall apply, and the Terms in this section shall supercede any conflicting Terms in previous Sections. Customers without Premium Services shall not be subject to the Terms in this Section.

24.1 Payment. In consideration for the Services, Customer shall pay to Host the charges and other fees and costs specified in the Order Form completed by Customer for use of the Services. "Order Form" means an electronic or paper form used by Customer to request the Services. If for any reason the billing information provided by Customer becomes invalid and Host cannot collect payment after attempting to contact the Customer, then Host reserves the right to terminate the Services immediately. Accounts that are not collectable by Host after 45 days may be turned over to an outside collection agency for collection. If your account is ever turned over for collection, Customer may incur a "Processing and Collection" fee of up to $50.00. In the event that payment for Services on the Order Form should result in any 3rd party expenses (such as overdraft charges or other banking fees), such expenses shall be the sole obligation of the Customer.

24.2 Host's Obligations and Limited Liabilities. Host shall perform its work hereunder in a workmanlike manner. Host is not responsible nor does Host have any liability for the Customer Content posted on any Customer Web sites. Host shall use commercially reasonable efforts to make the Web site available 24 hours per day, 7 days per week, except for repairs and maintenance. Hosts liability shall be limited to the amount of fees collected in the most recent billing period.

24.3 Customer's Obligations and Representations. Customer represents and warrants that: (a) Customer has not intentionally incorporated and shall not incorporate into the Customer Content, nor will it provide to Host in connection with the Services, any code designed to interrupt normal processing; (b) Customer shall not submit any materials to Host or place any content on the Customer Web sites that shall cause Customer, Host, or any of their affiliates, to be in violation of any present or future law, ordinance, order, rule or requirements of any governments, courts, administrative agencies or similar bodies (the "Regulations") in the United States and elsewhere; (c) Customer shall utilize the Services solely for lawful purposes and in accordance with all applicable Regulations; (d) Customer has obtained all rights and licenses for the manipulation and display of Customer Content on the Customer Web site; (e) Customer shall at all times comply with all applicable Regulations respecting defamatory, obscene, or pornographic materials or communications, or governing the infringement of copyright, trade secret or other proprietary rights, including intellectual property and publication rights, of any third party, or relating to the invasion of privacy of any third party; and (f) Customer's use of the Customer Web site and Services and Customer Content shall conform with Host's Policies and Procedures.

24.4 Effective Date.These Terms of Service are effective as of the Order Date. The Order Date shall be defined as the date on which the order form was submitted by the Customer.

24.5 Term and Termination.These Terms of Service shall remain effective on a month-to-month basis. Either party may cancel at any time for any reason upon providing written notice via e-mail, fax or mail. It may take up to ten (10) business days for Host to terminate the Service upon Customer's request. Host shall not refund any fees upon cancellation. Host may immediately terminate the Service if, in Host's sole discretion, Customer fails to fulfill any of Customer's obligations or representations.

24.7 Pricing. Host will bill Customer for the amount as listed on the Order Form. Host reserves the right to change or modify pricing at anytime in the future with a thirty (30) day prior written notice via e-mail, fax or mail to the Customer. Customer shall retain all rights to terminate the service upon notification of pricing changes.


  
 

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