TERMS OF SERVICE

RefLife - The Reference Material Archive
  1. ACCEPTANCE OF TERMS

The website www.reflife.com ("Service") located on the Internet at http://www.reflife.com/, is a product of Talsk Research, Inc. located at 2225 W. Harrison St., Suite C, Chicago, IL 60612, USA. By using the Service, you agree to be bound by all of the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.reflife.com/tos/. In addition, different pages on this service may contain particular guidelines or rules relevant to that page. These different rules on the different pages and this TOS constitute the 'Agreement'. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.

  1. DESCRIPTION OF SERVICE

RefLife currently provides users with a digital archival solution and access to a collection of resources. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that RefLife assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, stored content or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

  1. YOUR REGISTRATION OBLIGATIONS

RefLife currently provides users with a digital archival solution and access to a collection of resources. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that RefLife assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, stored content or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

  1. PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.reflife.com/privacy

  1. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RefLife of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RefLifeTM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  1. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that RefLife may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on RefLife's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that RefLife has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that RefLife reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RefLife reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  1. MODIFICATIONS TO SERVICE

RefLife 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 RefLife shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  1. TERMINATION

You agree that RefLife, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if RefLife believes that you have violated or acted inconsistently with the letter or spirit of the TOS. RefLife may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that RefLife may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RefLife shall not be liable to you or any third-party for any termination of your access to the Service.

  1. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RefLife has no control over such sites and resources, you acknowledge and agree that RefLife 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 RefLife 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.

  1. RefLife 'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RefLife or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

RefLife grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by RefLife for use in accessing the Service.

  1. DISCLAIMER OF WARRANTIES

RefLife is provided ON AN "AS IS" and "AS AVAILABLE" BASIS, without warranty of any kind. TALSK RESEARCH, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

(A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR RELIABILITY OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SERVICE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SERVICE AND/OR THE CONTENT CONTAINED HEREIN, OR THE SERVICE ITSELF;

(B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND

(C) WARRANTIES OF MERCANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALSK RESEARCH, INC. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TALSK RESEARCH, INC., ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, AND ITS ASSOCIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL TALSK RESEARCH, INC., ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES AND ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. TALSK RESEARCH, INC., ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES AND ITS ASSOCIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF TALSK RESEARCH, 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 TALSK RESEARCH, INC. FOR THE USE OF THE SERVICE.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RefLife SHALL NOT BE LIABLE 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 RefLife 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.

  1. EXCLUSIONS AND LIMITATIONS

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 ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

  1. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

  1. TRADEMARK INFORMATION

RefLife

The above are trademarks or Service marks of Talsk Research, Inc. All other trademarks are used for descriptive purposes only and are the property of their respective owners.

  1. COPYRIGHTS and COPYRIGHT AGENTS

All content (including but not limited to text and graphics) and code contained on any page within the website RefLife ("SERVICE") is the property of Talsk Research, Inc. or its associates or its licensors and is protected by International Copyright Laws, Trademarks, Service marks, Patents or other Proprietary Rights and Laws. Permission is granted for the content to be copied and distributed on a limited basis for personal, noncommercial purposes only and may not be copied, reprinted, published, translated, modified, hosted, or otherwise distributed by any means without explicit written permission.

Please note that other pages on the SERVICE may contain other pertinent proprietary notices and copyright information, the terms of which must be observed and followed.

By using this service, you agree not to reproduce, retransmit, distribute, disseminate, modify, sell, publish/display/broadcast in any form, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe any Intellectual Property displayed or received through the SERVICE without Talsk Research, Inc.'s prior written consent.

Copyright Complaints: Talsk Research, Inc. takes copyright violations very seriously. If you believe that your work has appeared on the SERVICE in a way that constitutes copyright infringement, please provide us the following information as soon as possible:

  1. an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyright interest;

  1. a description of the copyrighted work that you claim has been infringed;

  1. a description of where the material that you claim is infringing is located on the SERVICE (include the complete URL wherever possible);

  1. your address, telephone number, and email address;

  1. 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;

  1. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Please send the Notice of claims of copyright infringement on the SERVICE to:

    Copyright Officer
    Talsk Research, Inc.
    2225 W. Harrison St., Suite C
    Chicago, IL 60612
    USA
    Email: info (at) talskresearch (dot) com

  1. GENERAL INFORMATION

The TOS constitutes the entire agreement between you and RefLife and governs your use of the Service, superceding any prior agreements between you and RefLife. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and RefLife shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and RefLife agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oakland, Michigan, USA. The failure of RefLife to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

  1. VIOLATIONS

Please report any violations of the TOS to our Customer Care Officer at:

Customer Care Officer
Talsk Research, Inc.
2225 W. Harrison St.
Suite C
Chicago, IL 60612
USA
Email: info (at) talskresearch (dot) com

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