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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:
- 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.
- 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.
- 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.
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