Terms and Conditions of Use
The Service provides information generated by means of software algorithms operating on publicly-available, copyright-free data available on the World Wide Web from government agencies such as the National Institutes of Health (NIH), the Department of Energy (DOE) and the National Science Foundation (NSF) (“Original Data”). Some content delivered by the Service is likely inaccurate because, but not limited to, the heuristic algorithms used by ResearchScorecard Inc.’s software, as well as inaccuracies in the Original Data themselves.
You hereby acknowledge that any reliance upon any Materials and any purchase of any Products shall be at your sole risk. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service.
“researchscorecard.com™“ is a copyright of ResearchScorecard Inc., all rights reserved. ResearchScorecard Inc. actively protects all trademarks of ResearchScorecard Inc. or its affiliates. All other trademarks appearing on the Service are the property of their respective owners.
DISCLAIMER OF WARRANTIES AND LIABILITY.
Because ResearchScorecard Inc. relies upon Original Data to generate the information provided as part of the Service, and because of the inherent hazards of computerized data processing and electronic distribution, there may be delays, omissions, or inaccuracies in such content and with the Service. This Service and all information provided by ResearchScorecard Inc. are provided "as is.” Use of the Service and any information received through it are entirely at your own risk.
NEITHER RESEARCHSCORECARD INC., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT SUPPLIERS, OR LICENSORS (FOR PURPOSES OF THIS PARAGRAPH ONLY, "RESEARCHSCORECARD INC.") WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, RELEVANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICE. RESEARCHSCORECARD INC. SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBSITE. IN NO EVENT WILL RESEARCHSCORECARD INC. BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICE. RESEARCHSCORECARD INC. SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF RESEARCHSCORECARD INC., IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO RESEARCHSCORECARD INC. FOR THE USE OF THE SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT RESEARCHSCORECARD INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE SUBSCRIBER.
By using the Service, you agree to be bound by all of the terms in this Subscriber Agreement at any time. ResearchScorecard Inc. may change the terms in this agreement. When the terms are changed, they will appear in this document, which you can access at any time by selecting http://researchscorecard.com/about-this-site/termsofuse. If you do not agree to be bound by the changes, you should not proceed to use the Service. By continuing to use the Service after ResearchScorecard Inc. has posted any such changes in the Subscriber Agreement, you are agreeing now to be bound by all of the changes.
Subscriber agrees to defend, indemnify, and hold harmless ResearchScorecard Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by Subscriber or Subscriber's account.
You accept the possibility that the NIH, DOE or NSF or any other external data sources used by ResearchScorecard Inc. might terminate or further limit outside access to their public data, potentially compromising the Service’s ability to deliver information if we are unable to resume service. In such cases and at your request, your payments will be refunded on a pro-rated basis for usage to date.
If you believe someone has accessed the Service using your username and password without your authorization, you must inform ResearchScorecard Inc. through the contact page at http://researchscorecard.com/about-this-site/contact (“Contact Us” page). You must contact ResearchScorecard Inc. through the Contact Us page, or at the Accounts Payable mailing address below, about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to ResearchScorecard Inc.'s attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
FEES AND PAYMENTS.
If you are purchasing a researchscorecard.com™ subscription, it will renew and continue automatically, unless terminated by ResearchScorecard Inc. or until you notify ResearchScorecard Inc. of your decision to terminate your subscription by canceling your service. You can do so by contacting ResearchScorecard:
PO Box 861
You are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third-party service.
YOU, AND NOT RESEARCHSCORECARD INC., ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
COPYRIGHT AND LIMITATIONS ON USE.
Only one individual may access the Service during a specific time using the same username or password, unless otherwise agreed by ResearchScorecard Inc. All content developed by ResearchScorecard Inc and offered by the Service, as well as the software and databases that delivers it, is the property of ResearchScorecard Inc. and is protected by copyright and other intellectual property laws. You may not attempt to, whether or not in conjunction with any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Service. In addition to any other remedies available in equity or law to ResearchScorecard Inc., failure to comply with any of the terms and conditions in this Agreement shall result in immediate termination of this Agreement and your ability to use the Service.
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account, and you agree to notify ResearchScorecard Inc. immediately of any unauthorized account use. ResearchScorecard Inc. is not responsible in any way for any loss that you may incur as a result of any unauthorized use of your user account and password. You may not use the Service for any unlawful purpose or for any purpose other than as expressly authorized herein.
ResearchScorecard Inc. may discontinue, terminate, or change the Service, or its availability to you, at any time, and you may always terminate your subscription at any time. You may only receive the Services if you are a Service subscriber in good standing. If ResearchScorecard Inc. terminates or discontinues your subscription with cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and ResearchScorecard Inc. reserves all other rights available to it for such breach. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of ResearchScorecard Inc. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the state of California, as if the Agreement was a contract wholly entered into and wholly performed within California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Updated 26 August, 2008