Science Oxygenwww.ScienceOxygen.com

TERMS and CONDITIONS

Welcome to Science Oxygen.  Science Oxygen provides its service to you, subject to the following Terms of Service. In addition, when using particular Science Oxygen owned or operated services, you and Science Oxygen shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

1. DESCRIPTION OF SERVICE

Science Oxygen currently provides users with access to a rich collection of resources, mostly related to science, including our own contents and useful links.  You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Science Oxygen to provide the Service. You also understand and agree that the service may include certain communications from Science Oxygen such as service announcements, administrative messages, and that these communications are considered part of  services of Science Oxygen and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Term of Service. You understand and agree that the Service is provided "AS-IS" and that Science Oxygen assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. 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.

3. INDEMNITY

You agree to indemnify and hold Science Oxygen 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 Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TERM OF SERVICE, or your violation of any rights of another.

4. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the contents.

5.  MODIFICATIONS TO SERVICE

Science Oxygen 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 Science Oxygen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. LINKS

Science Oxygen provides, or third parties may provide, links to other World Wide Web sites or resources. Because Science Oxygen has no control over such sites and resources, you acknowledge and agree that Science Oxygen 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 Science Oxygen 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.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCIENCE OXYGEN 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.
  2. SCIENCE OXYGEN 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.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCIENCE OXYGEN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERM OF SERVICE.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCIENCE OXYGEN 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 OR OTHER INTANGIBLE LOSSES (EVEN IF SCIENCE OXYGEN 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.

9. TRADEMARK INFORMATION

The SCIENCE OXYGEN logo, trademarks and service marks and other SCIENCE OXYGEN logos and product and service names are trademarks of AzAlles, Inc.  Without AzAlles’  prior permission, you agree not to display or use in any manner.

10. GENERAL INFORMATION

Entire Agreement. The TERM OF SERVICE constitutes the entire agreement between you and SCIENCE OXYGEN and govern your use of the Service, superceding any prior agreements between you and SCIENCE OXYGEN.  You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SCIENCE OXYGEN services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TERM OF SERVICE and the relationship between you and SCIENCE OXYGEN shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SCIENCE OXYGEN agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

Waiver and Severability of Terms. The failure of SCIENCE OXYGEN  to exercise or enforce any right or provision of the TERM OF SERVICE shall not constitute a waiver of such right or provision. If any provision of the TERM OF SERVICE  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 TERM OF SERVICE remain in full force and effect.

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 Service or the TERM OF SERVICEmust be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TERM OF SERVICE are for convenience only and have no legal or contractual effect.

11. VIOLATIONS

Please report any violations of the TERM OF SERVICE to CustomerCare@ScienceOxygen.com.

 

Copyright ©2004- ScienceOxygen.com all right reserved