Terms

Last updated February 14, 2025.

Terms and Conditions

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  BY EITHER CLICKING “I ACCEPT” AT THE END OF THIS AGREEMENT (WHEN PRESENT) OR BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THESE TERMS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

These Terms and Conditions (the “Terms”) govern the website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a “Site” or “Service”, collectively “Sites” or “Services”) provided by ALLSCI CORP, its parent, subsidiary and/or affiliates companies (“Company,” “we,” “us,” or “our”) and located at https://app.allsci.com/ or any subdomain of https://allsci.com/, and all associated Sites that link to these Terms and Privacy Policy, which is binding on all those who access, visit and/or use the Site and Service, whether acting as  an individual or on behalf of an entity (collectively, “user,” “you” or “your”). As a condition of your use of this Site and Services, you warrant that you will not use the Site and Services for any purpose that is unlawful or prohibited by these Terms.

1. Agreement and general terms of use

1.1 Agreement. This user agreement (the “Agreement”) constitutes the agreement between Company and you as a user who accesses or establishes a connection to our Services, including but not limited to those at https://allsci.com/ and/or other Services and Services based on these Services. You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions.

1.2 Passwords. Sharing or distributing your username and password to others for access to the Services (or accessing the Services using the username and password of another user) is prohibited and may result in termination of your account and access. Company may make multi-user and site licenses available for subscribers needing broader access.

1.3 Changes. Company reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Company will make the current Agreement available at this URL, as well as from a link at the bottom of each Service’s home page, along with the date of its publication (the effective date). The Agreement in effect at the time you use the Service shall govern your use, and your use of the Service after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. Any change will be effective immediately upon publication. You should consult this page each time you access the Site or Services AND PRINT OUT A COPY OF THESE TERMS FOR YOUR RECORDS. Notwithstanding the foregoing, changes to these Terms shall not be applicable to any current term of any Paid Services, and shall be effective solely upon renewal of such Paid Services term.

1.4 Changes to Services. Company is constantly changing, updating, and improving its Services. Company reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services.

1.5 Restrictions, suspensions. Company further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services, including without limitation based on Company’s belief that your use of the Services violates those permitted by this Agreement or applicable law.

Additional terms may apply to your use of specific parts of our Site and Services. If so, we will provide these terms to you or post them on the Site and Services to which they apply; they are incorporated by reference into these Terms. If there is any conflict between these Terms and any additional terms that apply to a particular Site or Service, the additional terms will control. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.

2. Rights in Service Content and the Service

2.1 Our Intellectual Property. The text, content, photographs, video, audio, graphics, visualizations, marks, information, analyses, data, data structure, libraries, designs, code, organization, taxonomy, tools, ratings, products and all materials associated with the Site and Services (the “Content”) are protected by applicable copyright, trademark, trade dress, and other intellectual property and other laws of the United States, European Union, other countries and international treaties. The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Content are also copyrighted works.

Content may be generated by your use of the Services, including without limitation search results, suggestions with respect to submitted User Content (as defined below), ratings, peer reviews, and analysis (the “Generated Content”). Generated Content is Content.

You acknowledge that the Content has been developed, compiled, prepared, revised, selected, generated, serviced, maintained and arranged by Company and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Company and such others.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site, Services and Content (the “Intellectual Property Rights”) shall, as between you and Company, at all times be and remain the sole and exclusive property of Company. All present and future rights in and title to the Site, Services and Content (including the right to exploit the Site, Service and Content and any portions of the Site, Service and Content over any present or future technology) are reserved to Company for its exclusive use.

No license or other rights under any such intellectual property rights are implied or granted under these Terms other than the licenses expressly set forth herein. We expressly reserve all other rights hereunder.

You agree to protect the proprietary rights of Company and all others having rights in the Site, Services, or content during and after the term of this agreement and to comply with all reasonable written requests made by Company or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service, Site and content. You agree to notify Company in writing promptly upon becoming aware of any unauthorized access or use of the Service, Site and content by any individual or entity or of any claim that the Service, Site or content infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

You agree to comply with all laws and applicable copyright, trademark, or other legal notices or restrictions. Except with respect to small fractions of the Contents of any section of the Site or Services that are used by you in accordance with the limited license in Section 2.2 below, you agree not to copy, reproduce, retransmit, disseminate, sell, distribute, publish, display, perform, broadcast, circulate, create abstracts from, compile, recompile, decompile, disassemble, reverse engineer, modify, transmit, scrape, download, commercially exploit or create derivative works based on the Site, Services, or Content.

2.2 License.  Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable license to access the limited areas of the Site and Services, and the Content and functionality of the Site and Services, that we make available to you only for your personal research or internal business purposes. You may not transfer or sublicense this limited right, or resell the Content, Site and Services. You must keep intact all copyright, trademark, and other proprietary notices on or associated with the Site, Services, and Content. Any Content shared with third parties must append the appropriate attribution to the Company and/or as required by any Third Party Content’s license. You may not compile Content or use Content to reproduce, decompile, or reverse-engineer the Site or Services.

If you wish to use Content beyond the limited license given to you in these Terms, please contact us at [email protected].

2.3 Exporting Content

If, at our sole and absolute discretion, we provide your account with access to an “export” button located within the Site or Services, you may in specific limited circumstances use this functionality “as is” to export small portions of the Content. This functionality is provided as a courtesy and may be implemented or removed by us at any time regardless of whether you have any Paid Services. You may not attempt to circumnavigate or alter the functionality of the export button. In no circumstances may you export more than a small fraction of the Contents of any section of the Site or Services. Your use of Contents once exported are subject to the license and all other provisions of these Terms and any applicable Subscription Services Agreement or other agreement between you and Company. Unless otherwise provided by written consent of Company, you may not distribute substantial amounts of any exported Content to any third party. If you would like to purchase the ability to export Content in an amount greater than allowed by these Terms and the functionality of the Site and Services, you may make such request by contacting your Company account manager or Company at [email protected] and we will consider the options available to you, if any, at our sole and absolute discretion.

2.4 Confidential Information. You must keep any confidential materials and trade secrets obtained through accepting and using Company’s Service or Site, including without limitation in relation to Company’s business, products, functionalities, user experience, services and customers, as confidential. You may only use this information as necessary for accepting and/or using Company’s Service or Site in compliance with these Terms and the license granted to you herein. You must not disclose any confidential information or trade secrets to any third party.

2.5 Prohibited uses. Except with respect to small fractions of the Contents of any section of the Site or Services that are used by you in accordance with the limited license in Section 2.2 above, you may not modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit other than as set forth herein, any of the Content, tools or technology, in whole or in part, found on the Services. Further, you shall not engage in any systematic downloading or other activity directed towards any of the Content, in whole or in part, found on the Services that would create any electronic database or archive containing such Content. You are also prohibited from using frames or iFrames when accessing the Services as these often cause problems in the authentication process. In searching the Services, you shall not employ any automated search tools, including so called “crawlers,” “bots” and “spiders” that programmatically access and extract Content in order to repurpose or resell the Services, Content and tools, nor may you “scrape” and/or reformat any information off the services HTML pages or XML interface, including meta tags, results pages, abstracts, and documents without the express written permission of Company.

2.6 Accuracy of Information. Company makes no guarantees whatsoever as to the quality, truthfulness, completeness, correctness or accuracy of the Site, Services and Content.  It is possible that the Site, Content, and Services could include typographical errors, inaccuracies, inaccurate or incomplete information, or other errors, and that unauthorized additions, deletions and alterations could be made to them by third parties. We make no guarantees as to the quality, truthfulness, completeness, correctness or accuracy of translations from the original information. The Site, Content and Services do not contain statements of fact.  It is your responsibility to evaluate by yourself the truthfulness, accuracy, completeness and usefulness of any Content. In the event that an inaccuracy arises, please inform us at [email protected] so that it can be corrected.  We may change or discontinue the Site, Content, and Services without notice.

3. Third-Party Content, Third-Party Providers, Advertising and Links

The Services may include a number of third-party providers of content, technology and other features, including the opportunity for users of the Services to purchase goods or services from third parties (“Third-Party Providers”). Any such content, technology and features (including without limitation articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties) (the “Third-Party Content”) shall be subject to the terms of use or license associated with such content. Third-Party Content is provided for your convenience and are not endorsements by Company. Neither Company nor such Third-Party Providers make any warranty with respect to the Third-Party Content. YOU AGREE THAT ANY RECOURSE FOR DISSATISFACTION OR PROBLEMS WITH THIRD-PARTY CONTENT WILL BE SOUGHT FROM THE THIRD-PARTY PROVIDERS DIRECTLY, NOT FROM COMPANY.

4. User Content

Users may have the ability to submit content, materials and information (the “User Content”) to the Services (for example and without limitation hypotheses, comments, research questions, results, ratings and feedback with respect to the Services).

By submitting any User Content, or otherwise making any User Content available, through the Services, you automatically grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferrable, non-exclusive right and license to use, reproduce, sell, resell, exploit, publicly perform, modify, adapt, publish, translate, distribute and sublicense any such User Content (in whole or in part) and/or to incorporate such User Content in other works regardless of form, media, or technology (the “User Content License”). By making any User Content available through the Services, you also grant to users other than yourself the right and license to access, view, store, or reproduce such User Content in accordance with these Terms.

You represent and warrant that you have all rights necessary to grant Company the User Content License, that any of your User Content is truthful and accurate, and that none of your User Content is defamatory, violates any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violates these Terms or violates applicable law. You will be solely responsible for the content of any User Content. You will also be liable for any damage resulting from your User Content.

With respect to any User Content that is submitted through any Company feedback channel or is submitted as feedback with respect to the Site or Services, the User Content License shall be exclusive to Company.

Company has no obligation to, and does not and cannot, review every item of material or information that you and users other than you make available through the Services, and Company is not responsible for any content of this material or information. However, Company reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. However, Company has no obligation to monitor user submissions, and you agree that neither we nor our employees, owners or agents will be liable for User Content or any loss or damage resulting from User Content. Except as provided in the Privacy Policy, Company does not guarantee that user submissions will be private, even if the user submission is in a password-protected area. You should not provide user submissions that you wish protected from others. Further, Company reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

You give the Company a license to your professional (a) history, (b) biographical information, (c) name and (d) contact information to be used (i) for the purposes of displaying your information to other users of the Site and Services and (ii) in connection with any User Content submitted or made available to the Company by you. By submitting User Content you acknowledge that we will attribute such User Content to you except with respect to aggregated information, analyses, Generated Content that is based upon models trained by your User Content, uses where it is impractical to show attribution, or other similar situations. 

5. PAID SERVICES

If you purchase fee-based products or services (the “Paid Services”), you will agree to any additional terms and conditions governing such purchases at the time of purchase (a “Subscription Services Agreement”), including all requirements to pay applicable fees, for which you or the company you represent will be solely responsible. The terms of any Subscription Services Agreement or other written agreement may provide for different or additional rights and obligations in lieu of or in addition to certain of these Terms. In the event of any conflict, the terms of such a valid and active Subscription Services Agreement or other written agreement will control. The terms and conditions of any purchase order or similar form issued by you or your company, even if signed by Company, will not supersede these Terms.

We may offer trial subscriptions to Paid Services for free or at special discounted prices. Unless otherwise stated, trial subscriptions and any other subscription services we provide will be automatically renewed for one year at the current subscription rate if you do not cancel before the end of the trial period. You may need to cancel your subscription at least 30 days prior to its renewal date in order to avoid further charges.

Paid Services may not include access to all areas and aspects of the Site, Content and Services, or functionalities of the same, and you may have to pay additional fees to access those areas, aspects and functionalities. You will only have access to the specific areas and aspects of the Site, Services, Content and functionalities referenced in your purchase.

Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection.

Unless otherwise stated or agreed to in writing: (i) all fees and charges are exclusive of any applicable taxes relating to the use or purchase of the Service and (ii) all fees and charges are due net 30 days from the Effective Date of the Subscription Agreement. If you do not make the payment by the due date, Company, at its sole discretion, may charge you interest at a rate up to 1.5% per month and you must reimburse Company for all costs for obtaining the payment including reasonable fees paid to attorneys and other professionals.

You may refer to your account online to find a list of the Site, Content and Services to which you have access, however this is merely a guide and not a statement of fact or binding agreement. For access to Paid Services for a definite term, you must refer to your Subscription Services Agreement.

Paid services are not cancellable by you unless otherwise agreed to by Company in writing. Except for termination for Company’s default in accordance with the terms of any applicable Subscription Services Agreement, for any termination, you agree to pay Company liquidated damages equaling the remaining amount to be paid by you to Company under such Invoice Agreement or Subscription Services Agreement, without prejudice to any other remedies. Any termination will be without prejudice to any rights or remedies that may have accrued to either you or Company prior to such termination.

6. User Activities and Privacy of User Information on the Service

6.1 Lawful uses. You will use the Services and any tools, content, material, or information found on the Services solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

6.2 User data. Company reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. Company further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. Company may also distribute such data in forms that identify you individually or reveal your identity to other users, affiliates, partners and to third parties with a contractual relationship with Company. Examples of such use data may include you following another user or researcher, clicking on another user’s content, citing another user’s content, rating another user’s content, number of submissions, etc. All such use and distribution shall be in accordance with Company’s privacy policy, which is incorporated herein by reference. Please familiarize yourself with the privacy policy by clicking on “Privacy Policy” at https://allsci.com/privacy-policy/ (or another similar link) at the bottom of the Services’ home pages.  Our Privacy Policy describes what we do with all the data that you provide or that we may collect about you through the Site and Services (your “Personal Data”), and you consent to our use of such data in compliance with our Privacy Policy.

Nothing herein shall prevent Company from complying with valid requests by governmental authorities investigating civil or criminal matters.

6.3 Communications, Notices & Miscellaneous. When you use the Site or Services or send emails to Company, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site or Services. We may communicate with you by email, via text messaging or other app messaging service, telephone calls, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force. These Terms, including all additional terms, Subscription Services Agreements, conditions, and policies on the Site and Services, constitute the entire agreement between you and us and supersede all prior agreements.

We may provide you with social media tools and email functionalities (the “Social Tools”) to facilitate the distribution of certain Content to which they are connected. You may use these Social Tools solely to inform third parties about such Content and must immediately cease using the Social Tools with regard to recipients who have requested not to receive such information.

6.4 Copyright, DMCA, takedown claims. If you believe that content posted on or through the Site has been used in a manner that constitutes copyright infringement, please provide Company Copyright Agent with a written notice to the email or mailing address indicated below that includes the following information:

• An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

COMPANY’s Copyright Agent for notice of claims of copyright infringement is: Aric Lavinthal at [email protected] or by mail to AllSci Corp, 12358 Parklawn Drive, Suite 220, North Bethesda, MD 20852.

6.5 Acceptable Use. The Site and Services have been designed to present the content in a unique way. You agree not to access the Site and Services using any interface other than ours, unless given express permission by Company. Please refer to the System Requirements listed on the site for a list of supported browsers.

Without limiting any other provision in these Terms, you may not use or help others to use the site, content and services to do the following:

• Frame the Site, Services or Content, display the Site, Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Company and any third party or potentially deprive us of revenue (including, without limitation, revenue from subscriptions, licensing, advertising, branding, or promotional activities);
• Use any software, program, application or any other device to access or log on to Company’s computer systems or the Site, or to automate the process of obtaining, downloading, transferring or transmitting any Content;
• Manually copy (including without limitation using copy/paste functionality or transcribing) more than a small fraction of the Contents of any section of the Site or Services.
• Provide more than a small fraction of the Contents of any section of the Site or Services to any third party;
• Engage in unauthorized spidering, “scraping,” or harvesting of the Site, Services or Content, or contact or other personal information, or use any other unauthorized automated means to compile such information;
• Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transfer, distribute, or dispose of any Content in any manner that could compete with the business of Company or any of its suppliers;
• Construct a database of any kind utilizing the Content or store more than a small fraction of the Contents of any section of the Site or Services in databases for access by you or any third party;
• Improve the quality of any compilation of information sold or contributed by you to any third party.
• Create the impression that any of the Content including but not limited to any marks, trademarks, tradenames, service marks, copyrights or logos of Company belong to or are associated with you;
• Distribute unsolicited mailings or spam materials, including but not limited to in connection with any social tools, or include any content in unsolicited or spam mailings;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Defeat any access controls, access any portion of the Site, Services and Content that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials;
• Advertise or promote goods or services without our permission (including sending spam);
• Interfere with others using the Site and Services or disrupt the Site and Services;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users and Company;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
• Link to the Site and Services from a site that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable; or
• Transmit any material that is commercial, promotional, inappropriate, solicitous, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable.

6.6 Registration and Access Controls. We may require registration information from you prior to allowing you to access the Site and Services. Your registration is for a single user, and you may not obtain more than one registration. You are responsible for maintaining the confidentiality of your login name and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. You may not share your login name and password with any third party. If you have reason to believe that someone else is using your account without your permission, you must contact us immediately. The use of your account by any individual under age eighteen (18) is strictly prohibited. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If you register with a company email address, you represent that you have the authority to agree to these Terms.

If the computer system on which you accessed the Site, Content or Service is sold or transferred to a third party, you warrant and represent that you will delete all cookies and software files obtained by or through the use of the Site, Content and Service.

If we request registration information from you, you must provide us with accurate, truthful and complete information and must update the information when it changes. You may not use your account to impersonate another person. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate.  We may accept or reject registration requests for the Site and Services in our sole discretion and may revoke registration and accounts at any time, without cause or prior notice. We also reserve the right to deny or revoke registration based on our inability to verify the authenticity, truthfulness or accuracy of your registration information.

Unless you are notified otherwise, you may not be required to purchase any paid services for certain limited use of the Site or Services. However, if you do not purchase any paid services, your access to the Site or Services may be limited.

7. Disclaimer of Warranties & Limitation of Liability

7.1 Reference; advice. This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the Content and tools provided at this site are useful, accurate, and current, we cannot guarantee that they will be error-free. This Site and the information available through it are not intended to constitute legal, professional, or financial advice. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the Content of this Site.

7.2 YOUR RISK AND AS-IS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.

THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.3 CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.

8. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Company (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, Third-Party Providers, and licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim. You may not settle any claim covered by this Section without Company’s prior written approval.

9. Termination

Company may terminate this Agreement and your use of the Services, or change or discontinue the Services, or remove or remove access to any Content, at any time for any reason. Company shall have the right immediately upon notice to you to terminate your use of the Services in the event of any conduct by you which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law. We will not be liable to you or any other third party for taking any of these actions and we will not be limited to the remedies above if you violate any of these Terms.

10. Governing law

This Agreement and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Maryland, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Maryland in any and all actions, disputes, or controversies relating to this Agreement.

11. General Terms

This Agreement and any policies and rules posted on the Services by Company constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. The parts of any and all previous terms and conditions agreements signed as part of a Company sales order not superseded by this Agreement remain effective. No waiver by either Company or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Company and its successors and assigns. Company may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by Company does not relieve you of your obligations under this Agreement.