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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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an electronic or physical signature of the owner (or person authorized
to act on behalf of the owner) of the copyright interest;
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a description of the copyrighted work that you claim has been infringed;
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a description of where the material that you claim is infringing is located
on the SERVICE (include the complete URL wherever possible);
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your address, telephone number, and email address;
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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;
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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
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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.
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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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