SciVendor Terms of Service

 

Please read these terms carefully before using this Site:

Definition and general access rules
Your access to SciVendor.com is subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms of Service, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms of Service.


These Terms of Service constitute the entire agreement between you and SciVendor, Inc. relating to the information on, and your use of, the Web sites at which these Terms of Service are posted ("our Web sites"). Notwithstanding anything to the contrary in the foregoing, you may be subject to certain additional agreements with SciVendor in addition to these Terms of Service. In the event that such agreements impose additional obligations on you not described in these Terms of Service, those additional obligations will be considered to be a part of these Terms of Service.


These Terms of Service are subject to change without notice. You are responsible for periodically reviewing these Terms of Service for applicable changes. Your use of this Web site after posting by us of any changes to these Terms of Service constitutes your acceptance to those changes. If you disagree with these Terms of Service (as they may be amended from time to time), your sole and exclusive remedy is to discontinue using this site.


Your authority to agree to these Terms of Service
You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.


Jurisdiction and choice of law
Please note that if and when they are available or become available, the products and services referred to on any of our Web sites are, or will be, available in the United States and they may not be available in other countries. Unless otherwise posted, the information provided on our Web sites is intended for use only by persons in the United States. SciVendor makes no representations that the information on our Web sites is appropriate for visitors in countries other than the United States, which countries may have different legal or regulatory requirements, or indications for, or restrictions on, the sale or use of any of products, services or information listed on our Web site. Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of our Web sites resides.


These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the state of California, without regard to choice of law principles. You agree that jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to our Web sites shall be in the state or federal courts located in the state of California.


Intellectual property
Each of our Web sites and its content, including art work, graphics, images, screen shots, text, music, digitally downloadable files, copyrights, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, the "Content") is the property of either SciVendor or its licensors, and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.


Third-party trademarks are the property of their respective owners. All original Content used on our Web sites is owned or licensed by SciVendor for use only on our Web sites. Unless specifically noted, you understand and agree that you may not use any Content or third-party content appearing at our Web sites for any commercial purpose, including in connection with products or services that are not those of SciVendor, in any other manner that dilutes the strength of SciVendor's or its licensor's property.


Downloadable files are made available for your use subject to the terms herein, and may be used for non-commercial use, provided that you do not violate any of the terms herein, and provided that the copyright notice of SciVendor appears in all copies of such information. With respect to materials provided to professionals agree to comply with the terms described herein, and may only use Content or third-party content located at any of our Web sites if approved in writing by us. Unauthorized use of any Content in any context is prohibited.


Unauthorized access or modification
Access to and use of password protected and/or secure information areas of the Web site is restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Web site may be subject to prosecution in addition to any other remedy available to SciVendor at law or equity, including the suspension or termination of access to this Web site. You may set up links from other web sites to the home page of this Web site. However, you must first obtain the prior written consent of SciVendor to set up links to any other pages within this Web site.


Termination and indemnification
You agree that SciVendor may terminate your access to and use of the Web site at any time, without prior notice, if it considers you to have violated any of these Provisions or any applicable law or regulation. You agree to indemnify, defend and hold harmless SciVendor, its officers, directors, employees, agents, contractors, licensors, suppliers and any third-party information providers to the Web site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Provisions or SciVendor's termination of your access to or use of this Web site. Termination will not affect either party's rights or obligations, which accrued before the termination.


Passwords
To use certain features of our services and products, you may need a username (or e-mail) and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. SciVendor will not be liable for any loss or damage arising from your failure to protect your password or account information.


Your input
You are prohibited from posting or transmitting to or from this website any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or that otherwise violates anyone's rights. SciVendor retains the right to remove any messages including, but not limited to, any material that it deems abusive, defamatory, obscene, or otherwise unacceptable. SciVendor is not liable in any way for the content of messages posted by you or any other user, and such messages do not necessarily represent the ideas or opinions of SciVendor.


Present or future employment with SciVendor
Should you become employed, at any type, with SciVendor, none of the information or materials on any of our Web sites shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on any of our Web sites shall affect the employment relationships between SciVendor and its current, former, or future employees.


Accuracy of information
While we do our best to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through this Site is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.


Severability
In the event that any provision of these Terms of Service shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, the remainder of these Terms of Service shall not be affected in any way thereby.


DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR OUR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.


Online purchases
SciVendor may allow you to purchase different types of products and services online that are provided by third parties. SciVendor IS NOT RESPONSIBLE for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant hosted by SciVendor or linked to by SciVendor, the information obtained during your visit to that merchant's online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by SciVendor. These merchants may have separate privacy and data collection practices and SciVendor has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly. You release SciVendor and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through SciVendor.


Export control
Your use of SciVendor services and products is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services, products or software.


Miscellaneous
If there is a determination that any provision of these terms and conditions is invalid or unenforceable under applicable law, that determination will not affect the rest of these terms and conditions, and these terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Our suppliers shall be deemed third-party beneficiaries under these Terms of service for purposes of enforcing their rights in their respective intellectual property.


Violation notification policy
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SciVendor with the following information. Please be advised that to be effective, notification must include all of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

By Mail:
SciVendor, Inc.
2967 Michelson, P.O.Box G173
Irvine, California 92612, USA


By Fax:
714-500-3623



Notification of acts contrary to these Terms of Services
If you believe that you are entitled or obligated to act contrary to these Terms of Service under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty (30) days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.


Effective date of these Terms of Service
These Terms of Services were last updated on April 28, 2011 and are effective as of that date.


Additional information
Please also carefully read our Privacy Policy before using any of SciVendor websites.