The Services are not intended for use by anyone under the age of 13.
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Service and by changing the effective date above. Continued use of the Service constitutes your acceptance of any modified Terms.
Except Author Content, all content on the Service is the proprietary property of scientificprogramming or its authors with all rights reserved. scientificprogramming grants you a limited, revocable license to use the Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to scientificprogramming’s intellectual property rights, whether by estoppel, implication or otherwise.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to take screenshots of any content on the Service or reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
All trademarks and registered trademarks are protected by U.S. and international trademark laws.
Modifications to Service
scientificprogramming reserves the right to modify or terminate any or all portions of the Service with or without cause at any time and effective immediately. scientificprogramming shall not be liable to you or any third party for termination. Should you object to any modifications to the Service or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. scientificprogramming may broadcast notices or messages through the Service or through the email address you supplied when you registered for the Service to inform you of changes to these Terms, the Service, or other matters of importance. Such broadcasts shall constitute notice to you.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. scientificprogramming assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.
Under no circumstances will scientificprogramming be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of the Service, any Content or Third-Party Sites linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICE, AND ALL CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. scientificprogramming DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
scientificprogramming MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, AUTHOR CONTENT, THIRD PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH BY ANY AUTHOR OR THIRD PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. scientificprogramming DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR SERVICE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE, SERVICE OR YOUR AUTHOR CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL scientificprogramming BE LIABLE TO YOU ON ACCOUNT OF (i) ANY CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (iii) YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF scientificprogramming OR ITS AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF scientificprogramming OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $10,000 OR THE IMMEDIATE TWELVE (12) MONTHS OF SERVICE LICENSE FEES PAID BY YOU TO scientificprogramming, WHICHEVER IS LOWER. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold scientificprogramming, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Service, your conduct in connection with the Service, the Author Content you provide (if applicable), or any violation of these Terms or of any law or the rights of any third party.
Waiver and Severability of Terms. The failure of scientificprogramming to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by scientificprogramming. If any provision of these Terms 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 these Terms remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law provisions. You and scientificprogramming agree to submit to the exclusive jurisdiction of the state and federal courts of Seattle, Washington.
Statute of Limitations. You and scientificprogramming agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email 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; 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. You can contact our Copyright Agent via email at firstname.lastname@example.org
If you have any questions about these Terms, please contact us at email@example.com