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These terms may be modified from time to time.
Continued access of the Site by you will constitute your acceptance of any
changes or revisions to the Agreement. Your failure to follow these rules,
whether listed below or in bulletins posted at various points in the Site, may
result in suspension or termination of your access to the Site, without notice,
in addition to Service Provider's other remedies.
USE OF PASSWORD
Your right to use the Site is personal to you -- you may not authorize
others to use the Site, and you are responsible for all use by you and those
you allow to use the Site. You may not sub-license, transfer, sell or assign
this Agreement to any third party without our written approval. Any attempt to
do so will be null and void and shall be considered a material breach of this
Agreement.
You will be solely responsible for maintaining the confidentiality of your
password. You are solely responsible for all usage or activity on your account
including, but not limited to, use of the account by any person who uses your
subscriber ID and password.
If you have reason to believe that your account is no longer secure (for
example, in the event of a loss, theft, or unauthorized disclosure or use of
your ID, password or any credit, debit or charge card number stored on the
Site), you must promptly change your password and notify Service Provider of
the problem by contacting our Customer Service department
USE OF THE SITE BY YOU
The Site is not intended for users under the age of 13 and Service Provider
does not knowingly collect personally identifiable information from users under
the age of 13. Such users are expressly prohibited from submitting their
personally identifiable information to us, and from using our forums and chat
areas; any information submitted by such users will not knowingly be used,
posted or retained by Service Provider.
You agree not to use any obscene, indecent or offensive language or to place on
the Site any material that is defamatory, abusive, harassing or hateful.
Further, you may not place on the Site any material that is encrypted,
constitutes junk mail or unauthorized advertising, invades anyone's privacy, or
encourages conduct that would constitute a criminal offense, give rise to civil
liability, or that otherwise violates any local, state, national or
international law or regulation. You agree to use the Site only for lawful
purposes, and you acknowledge that your failure to do so may subject you to
civil and criminal liability.
Material on the Site is for your personal use only. The Site contains
copyrighted and other proprietary information. You may not in any way make
commercial or other unauthorized use, by publication, re-transmission,
distribution, performance, caching or otherwise, of material obtained through
the Site, except as permitted by the Copyright Act or other law or as expressly
permitted in writing by this Agreement, Service Provider or the Site.
You agree not to disrupt, modify or interfere with the Site, or its associated
software, hardware, and/or servers in any way, and you agree not to impede or
interfere with others' use of the Site. You further agree not to alter or
tamper with any information or materials on or associated with the Site.
Other than connecting to Service Provider's servers by http requests using a Web
browser, you my not attempt to gain access to Service Provider's servers by any
means - including, without limitation, by using adminstrator passwords or by
masquerading as an administrator while using the Site or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the
content of all sites linked to/from the Site and is not responsible for the
content or actions of any other sites linked to/from the Site. Your linking to
any service or site is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of the material and information you supply or
communicate with the Site, please see our Privacy Policy at
www.science.lsus.edu/PrivacyPolicy.aspx
INDEMNIFICATION
You agree to indemnify the Service Provider and its affiliates, employees,
agents and representatives, and to hold them harmless, from any and all claims
and liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through the Site,
or from your breach of this Agreement, or from any such acts through your use
of the Site.
EDITING AND DELETIONS
The Service Provider reserves the right, but undertakes no duty, to review,
edit, move, or delete any material provided for display or placed on the Site
or its bulletin boards, in its sole discretion, without notice.
ADDITIONAL RULES
Service Provider reserves the right to post, from time to time, additional
rules of usage that apply to specific parts of the Site, Such additional rules
will be posted in the relevant parts of the Site, and will be clearly
identified. Your continued use of the Site constitutes you agreement to comply
with these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE Site IS
PROVIDED "AS IS", AND SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY
PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR
ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT
THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED
INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.
THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS
AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY
GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE
OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR
MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY
SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TERMINATION OF ACCESS TO THE SITE
Service Provider has the right to terminate your ability to access the Site,
for any reason, without notice.
JURISDICTION
Service Provider makes no representation that materials on the Service are
appropriate, available or legal in any particular location. Those who choose to
access the Service do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed
in accordance with the laws of the State of New York applicable to contracts to
be wholly performed therein, and any action based on or alleging a breach of
this Agreement must be brought in a state or federal court in New York, New
York. In addition, you agree to submit to the personal jurisdiction and venue
of such courts.
FORCE MAJEURE
Service Provider shall not be liable for delays in performing or failure to
perform this Agreement or any obligations hereunder, which are directly
attributable to causes beyond its reasonable control, including, but not
limited to, acts of God, fires, strikes, labor disputes, war, acts or
intervention by any governmental authority, failure of a common carrier,
supplier, hardware, software, browser, or communications equipment, or network
failure, congestion, or malfunction.
If you do not agree to the terms contained in this Agreement, please exit the
Service.
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