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This is a contract between you and InterSCInet Inc. ("InterSCInet"). It spells out the terms and conditions which apply to your use of the InterSCInet services and software provided by InterSCInet, including but not limited to user services, applications and laboratory applications (collectively, "Services") and accessed by you at the InterSCInet website at www.interscinet.com, as may be amended from time to time ("Site").
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By subscribing to the Services or by using or accessing the Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE FOR, ACCESS OR USE THE SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR SERVICES ACCOUNT, IF YOU HAVE ONE.
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| 1. |
InterSCInet reserves the right to amend this Agreement at any time. However, InterSCInet will use reasonable efforts to publish any amendments on the Site or otherwise provide them to you. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. By continuing to use or access the Services after the modifications or amendments have been made you are indicating your acceptance of those changes. If any amendment is unacceptable, you may terminate your Services account. If you do not terminate your account following the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.
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| 2. |
As the Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all acts and omissions that occur under your account, and for maintaining the confidentiality of your account and all related passwords. You agree to use or access the Services in accordance with all applicable laws and this Agreement. You agree to immediately notify InterSCInet of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to InterSCInet, as requested, to stop and/or remedy any breach of security. InterSCInet shall not be responsible or liable in anyway for any loss or damage of any kind either directly or indirectly incurred as a result of or in connection with your failure to comply with this section or this Agreement.
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| 3. |
You acknowledge that you have read the InterSCInet Privacy Policy accessed through the URL www.interscinet.com (as it may be updated from time to time) (the "Privacy Policy") and hereby consent to the collection, use and disclosure by InterSCInet and its agents of your personal information (whether previously collected or to be collected), including but not limited to the information contained in "My Profile" on the Site, for the purposes identified in the Privacy Policy.
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| 4. |
You agree to provide accurate and complete information as prompted by InterSCInet's registration process or as otherwise requested by InterSCInet or its agents and you agree to promptly notify InterSCInet, of any changes to this information as required to keep it complete and accurate.
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Subject to the terms and conditions of this Agreement, including without limitation, Section [Proprietary Rights], InterSCInet hereby grants to a limited, personal, non-transferable, license to use the software made available on the Site, during the term of this Agreement, and solely for your internal, personal use on the Site, and to use any materials or content downloaded from the Site ("Downloads") for your internal, personal use.
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| 6. |
It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by InterSCInet as being necessary for access to the Services. From time to time, the equipment and/or software required to access the Services may change. Accordingly, your equipment and/or software may cease to be adequate to access the Services. In such circumstances, your sole remedies are to upgrade or replace your equipment or software as necessary and solely at your own cost, or terminate your Services account. If you wish to terminate your Services account, your only recourse is to discontinue your use of the Service. You will not be entitled to any refund, in whole or in part, from InterSCInet. InterSCInet does not guarantee that the Services will operate with all equipment or software, including without limitation all Internet applications and appliances. InterSCInet hereby disclaims all warranties and conditions regarding the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
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The Services and Downloads are provided to individuals and for personal use only. Any unauthorized commercial use of the Services or resale of the Services or Downloads is strictly prohibited. The components and any aspects of the Services may be modified or deleted by InterSCInet at any time for any reason, in InterSCInet' sole discretion, with or without notice to you.
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| 8. |
Any and all Downloads, materials, software and anything required for use of or access of the Service made available through the Service and any client software required to operate the Services may have their own terms and conditions governing the use of such software or other services. You should review those terms and conditions prior to using such software or other services.
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| 9. |
Nothing in this Agreement or within any of the Services or Downloads shall be construed as conferring any license under any of InterSCInet' or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the Services are owned by InterSCInet, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You agree not to modify, copy, publish, transmit, adapt, translate, decompile, disassemble, or reverse engineer, or in any other way exploit any software, applications, programs, content, Downloads or anything else used with, for or in connection with the Services. Further, you agree not to modify, delete, alter, or deface, or in any way change any of the trade-marks, service marks, or other intellectual property made available through the InterSCInet web sites, including without limitation, the Site, or used in connection with the Services nor use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users through the InterSCInet web sites, including without limitation, the Site, or in connection with the Services. Any use of the foregoing, by any means, without the express written consent of InterSCInet and/or the owner, as appropriate, is strictly prohibited.
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| 10. |
Nothing in this Agreement or within any of the Services or Downloads shall be construed as conferring any license under any of InterSCInet' or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the Services are owned by InterSCInet, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You agree not to modify, copy, publish, transmit, adapt, translate, decompile, disassemble, or reverse engineer, or in any other way exploit any software, applications, programs, content, Downloads or anything else used with, for or in connection with the Services. Further, you agree not to modify, delete, alter, or deface, or in any way change any of the trade-marks, service marks, or other intellectual property made available through the InterSCInet web sites, including without limitation, the Site, or used in connection with the Services nor use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users through the InterSCInet web sites, including without limitation, the Site, or in connection with the Services. Any use of the foregoing, by any means, without the express written consent of InterSCInet and/or the owner, as appropriate, is strictly prohibited.
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| 11. |
You acknowledge that InterSCInet has no obligation to censor or monitor use of the Services by you, any customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services or the Internet. However, you agree that InterSCInet has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if InterSCInet believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
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| 12. |
In the event that InterSCInet receives a complaint relating to use of the Services by a customer, InterSCInet may, in its sole and absolute discretion and without notice or liability, investigate the complaint, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
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| 13. |
You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Services through your account, in accordance with the rates, terms and conditions established from time to time by InterSCInet. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by InterSCInet.
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| 14. |
If you subscribe for Services to which a fee applies, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. InterSCInet reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges, or terms at any time. You may subscribe for and receive access to Services to which a fee applies for either a one (1) year or six (6) month term. If you wish to renew your subscription and access to such Services, you must go to the Site and renew your subscription or your access to the Services will be denied at the end of the current term. InterSCInet reserves the right to delete any or all information associated with your use of the subscribed Services at any time after thirty (30) days following denial of your access to the Services as a result of the expiry of the term for which you subscribed.
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| 15. |
Any and all amounts payable for Services shall be payable in advance and InterSCInet shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any Services.
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| 16. |
Available billing and payment options may vary depending on your location and InterSCInet reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion. If payment is not received by InterSCInet by the due date on your bill, interest shall accrue on the outstanding amount at a rate that is the lesser of 1% per month (12.68% compounded annually) and the maximum permitted by law. If a pre-authorized bank account debit (a "Bank Account Debit"), where applicable, is returned unprocessed to InterSCInet, InterSCInet reserves the right to apply a returned payment fee of $20.00, plus applicable taxes, to your account.
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| 17. |
Your use of the Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, Bank Account Debit, or other payment method you expressly authorize InterSCInet or its agents to charge all fees and charges incurred by you under this Agreement to such card, account or other payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card, Bank Account Debit or other payment method and InterSCInet does not receive payment from the card issuer or its agents, the financial institution or its agents, or through the other payment method, as applicable, you agree to pay all amounts due, upon demand by InterSCInet.
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| 18. |
Any failure of InterSCInet to provide you with a statement pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify InterSCInet of any errors, discrepancies or irregularities in any billing within ninety (90) days after they first appear on your statement, such statement will be deemed accepted by you for all purposes. Without limiting anything else in this Agreement, you agree to release InterSCInet from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to InterSCInet within ninety (90) days of the date of the applicable statement.
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| 19. |
You agree to pay all costs incurred by InterSCInet in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including without limitation, lawyers' fees.
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| 20. |
YOU ACKNOWLEDGE AND AGREE THAT:
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ALL USE OF THE SERVICES OR DOWNLOADS IS AT YOUR OWN RISK;
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THE SERVICES AND DOWNLOADS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
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InterSCInet DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE SERVICES;
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NEITHER InterSCInet NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA, OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED;
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InterSCInet IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS;
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NEITHER InterSCInet NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH SITE OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE SERVICES, BY YOU OR ANY THIRD PARTY; AND
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InterSCInet IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR MISUSE OF THE SERVICES.
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InterSCInet EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
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| 22. |
THE SITE MAY CONTAIN LINKS TO OTHER WEB SITES OPERATED BY PARTIES OTHER THAN InterSCInet. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY InterSCInet OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. InterSCInet IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK AND YOU AGREE THAT InterSCInet SHALL NOT BE RESPONSIBLE OR LIABLE DIRECTLY OR INDIRECTLY IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT FOR IN CONNECTION WITH ANY SUCH DEALINGS OR TRANSACTIONS.
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| 23. |
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL InterSCInet, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY, THE "InterSCInet ENTITIES" AND EACH, A "InterSCInet ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT, DOWNLOADS OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE InterSCInet ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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| 24. |
CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE InterSCInet ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE InterSCInet ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF: (i) AMOUNT ACTUALLY PAID BY YOU TO InterSCInet FOR THE AFFECTED SUBSCRIBED SERVICES; AND (ii) $500 (Canadian).
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SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
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You agree to defend, indemnify and hold harmless each of the InterSCInet Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable InterSCInet Entity, which result from or relate to: (a) access to or use, by you or any third party, of your Services account; or (b) any of your acts or omissions, including without limitation breach or non-performance of this Agreement and any violation of third party rights.
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| 27. |
You may stop using the Services at any time and terminate your account by contacting InterSCInet via the means set out on the Site. Such termination will be effective on your next billing date. Any and all amounts payable for Services shall be payable in advance and InterSCInet shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of the Services, except that if you terminate your account within thirty (30) days of opening such account, InterSCInet will refund all amounts paid or prepaid for the use of the Services, except for any set up fees charged by InterSCInet.
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| 28. |
InterSCInet may, in its sole discretion, terminate this Agreement and your use of the Services by providing you thirty (30) days written notice.
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| 29. |
InterSCInet may, in its sole discretion, suspend or terminate your Services account, effective at any time, without notice to you if: (a) the operation or efficiency of the Services are impaired by the use of the Services from your account; (b) any amount is past due from you to InterSCInet; (c) InterSCInet has received a third party complaint which relates to the use or misuse of the Services from your account; or (d) you have been or are in breach of any term or condition of this Agreement.
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Except as expressly provided in this Agreement, any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the effective date of such termination.
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| 31. |
This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between InterSCInet and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between InterSCInet and you with respect to such matters.
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The failure of InterSCInet to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and InterSCInet nor trade practice shall act to modify any provision of this Agreement.
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| 33. |
In the event that any portion of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
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This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta in connection with any matter arising under this Agreement. Use of the Services or Downloads in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section, is prohibited.
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| 35. |
All references to InterSCInet web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
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| 36. |
InterSCInet may at any time assign this Agreement, in whole or in part, without notice to you. You may not assign this Agreement without InterSCInet's prior written consent.
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| 37. |
This Agreement will enure to the benefit of and bind you and InterSCInet and our respective personal and legal representatives, successors and permitted assigns.
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| 38. |
The rights, powers and remedies of InterSCInet in this Agreement, including without limitation the right to suspend, restrict or terminate any Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to InterSCInet at law or in equity.
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| 39. |
You agree that no joint venture, partnership, employment or agency relationship exists between InterSCInet and you as a result of this Agreement or use of the Services.
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| 40. |
Sections 6, 10, 16, 18-26, 30-34,and 37-40 of this Agreement shall survive any termination or expiration of this Agreement, shall so survive.
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Privacy Policy
User Agreement
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