TERMS & CONDITIONS

1. Acceptance of Terms of Use: MarkScience (“MS”) provides its online services and website to you, the User, subject to this Agreement (“Agreement”).  MS reserves the right to alter this Agreement at any time without notice to the User.  By using the MS website, located at the URL, User agrees to abide by this Agreement.

2. Online Services and Disclaimer of Warranty: This website provides online services.  Any new services, resources or informational content added to the web site shall fall under the terms of this Agreement.  The online services, informational content, and software on this website is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.  MS assumes no responsibility for any data loss or other loss suffered by any User of this website.  User is fully responsible for maintaining its computer equipment and Internet access to use this website.

3. Registration: Any User of online services agrees to provide true and accurate information to MS in online forms and otherwise.  MS reserves the right to terminate services of such Users should MS know, or have reasonable grounds to suspect, that a User supplied false or misleading information to MS.  ALL USERS MUST BE OF LEGAL AGE TO USE THIS WEBSITE.  MS maintains strict online Privacy Policy and will not sell or give your information to other parties.

4. Informational content supplied by Users: User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on this website, or privately transmitted through the website, are the responsibility of the User from which such informational content has originated.  User is fully responsible for any and all informational content that user uploads, emails, or transmits using this website.  MS does not and cannot control the informational content Users transmit through this website.  Under no circumstances shall MS be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable.  Under no circumstances shall MS be held liable for any errors or omissions in any informational content transmitted by Users.

5. User conduct: User agrees to not use the MS website to: (a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable; (b) harm legal minors; (c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User; (d) impersonate another User, person, or entity, including any official or employee of MS; (e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act or Lanham Act; (f) upload, post or transmit any software or files that contain software viruses or other harmful computer code; (g) interfere with the operation of MS’s web servers or other computers or Internet or network connections; (h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; (i) upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”

MS does not pre-screen uploaded, posted or transmitted content, but MS reserves the right to inspect, edit and delete any content that MS knows, or has reason to know, has violated this Agreement.  MS reserves the right to immediately, and without notice, terminate services of any User found to have violated the provisions of this Agreement.  MS may disclose any informational content Users post, upload or transmit to the MS website, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of MS, the public, or other Users.

6. Content submitted by Users: MS does not claim ownership of any informational content submitted by Users to this website.

7. Indemnity: You agree to indemnify and hold MS, 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 Engagement letter, your violation of the Agreement, or your violation of any rights of another.

8. No resale: User agrees not to reproduce, copy, duplicate, or sell any portion of this website.

9. Limits and modifications: MS may establish without notice limits on the use of its website, to the number of times Users may access the MS website. MS reserves the right to modify any and all portions of the MS website without notice.  Under no circumstances shall MS be liable to User or any other party for such limits or modifications.

10. Third party advertisers: MS may allow third party advertisers to advertise on this website. MS takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers.  MS shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

11. Hyperlink policy: MS website may contain hyperlinks to other Internet sites not under the editorial control of MS.  These hyperlinks are not express or implied endorsements or approvals by MS, of any products, services or information available from these websites.

12. MS’s intellectual property rights: User agrees not to distribute, license, or create derivative works from any of MS’s copyrighted or trademarked material, including graphic files and software, available on this website.

13. No warranties: THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.

14. Limitation of liability: MS’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES RECEIVED (IF ANY).  MS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

15. Notice: Notices may be emailed to Users using the email address and/or mailing address Users submitted to us through this website.

16. General: This Agreement constitutes the entire agreement between you and MS and governs your use of the MS website.  This Agreement shall be governed by the laws of the State of New Hampshire, USA. User agrees to submit to the personal and exclusive jurisdiction of the courts located in the State of New Hampshire, USA.  The failure of MS to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement 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 Agreement remain in full force and effect.  Any claim arising under the terms of this Agreement Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

17. Violations: Please report any known or suspected violations of the Terms of Use, including any suspected copyright or trademark violations, to contact@markscience.com.