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Lincus Terms and Conditions

Welcome. Here are our Terms and Conditions, which apply to all users of Lincus: they are exceedingly boring, and equally legally binding.

Agreement

By visiting this website (this “site” or “website”), and/or utilizing, viewing, accessing or otherwise using any of the information created, collected, compiled, submitted or provided by or within this site or the Services (as defined below), you hereby agree to be bound by these Terms and Conditions (this “Agreement”). If you do not want to be bound by this Agreement, your only option is not to visit, view or otherwise use this site or the Services. You understand, agree and acknowledge that this Agreement constitutes a legally binding agreement between you and o-o-o-o Inc. (“Lincus”), and that your use of this site shall indicate your conclusive acceptance of these Terms and Conditions.

THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AND THE SERVICES AND IS LEGALLY BINDING ON YOU.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE OR THE SERVICES. YOUR USE OF THE SITE AND THE SERVICES SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF, AND AGREEMENT, TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

Lincus may, in its sole discretion and at intervals of its sole choosing, modify the site, the Services and/or this Agreement at any time and without prior notice. It is your responsibility to monitor such changes, and to determine whether or not to continue to access and use the site based upon any such changes. Lincus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site or the Services except pursuant to a separate written agreement between you and Lincus. The site and the Services may update automatically and if the site or Services are designed for use on a specific mobile or desktop operating system, then a compatible system is required for use.

Services

The “Services” consist of a web-based tool for finding academic experts in a wide variety of STEM disciplines as well as the products of the experts’ research/scholarship.

Payments

You agree to promptly pay all fees and charges for the services that you engage Lincus to provide to you, as may be published on the Site or otherwise quoted to you in writing, and you authorize Lincus to automatically deduct all such charges and fees from the payment account(s) (such as Stripe) that you designate.

Accounts

In order to use the Service, you may be required to become a registered user of the Service by creating an account (“Account”). To have an Account created, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use the Service. The Service is not intended for use by persons under the age of 18. By using the Service you are representing to us that you are over the age of 18.

When you register, you may be required to choose a user name and a password. If so, you must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. Lincus is not responsible for any unauthorized access to your Account. You must notify Lincus immediately if you know or suspect that any unauthorized person is using your password or your Account. It is recommended that you access the Service only on a private computer or device to which you have control.

You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You may not transfer your Account to anyone without first getting prior written consent from Lincus. Your login may only be used by one person – a single login shared by multiple people is not permitted. Lincus reserves the right to remove or reclaim an Account user name if Lincus believes appropriate (such as when a trademark owner complains about a user name that does not closely relate to a user’s actual name).

You agree that the information that you provide to Lincus at all times is true, accurate, current, and complete. This information includes, but is not limited to, age, name, address(es), phone number(s) and e-mail address(es). By creating an Account, you expressly consent to the use of electronic records to store information related to this Agreement.

Violation of any of this Agreement may result in the termination of your Account, in addition to any and all other rights and remedies of Lincus.

You are responsible for maintaining the security of your Account and password. Lincus cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for any data and content (“Your Data”) that you upload, post, transmit or otherwise make available via the Service (which may include data you elect to import from third party applications you use).

You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You agree to comply with such technical requirements as may be published by Lincus from time to time.

You agree not to allow the Service to be placed on any third party web site.

You agree that you will NOT use the Service to:

  • upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  • stalk, harass, threaten or harm another;
  • pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service user, an employee/representative of Lincus, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
  • engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  • post, send, transmit or otherwise make available any unsolicited or unauthorized email/text messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  • forge any TCP-IP packet header or any part of the header information in an email, text or group posting, or otherwise put information in a message designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing”);
  • upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
  • interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); and/or
  • gather or store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Licensed Use

So long as you comply with this Agreement, Lincus grants you a limited, nonexclusive, nontransferable, revocable license to use the Service; provided, however, that this license does not constitute a sale of the Service or any copy thereof, and as between Lincus and you, Lincus retains all right, title and interest in the Service. This limited license terminates automatically, without notice to you, if you breach any of this Agreement. All rights in the Service not expressly licensed to you by Lincus by this Agreement are hereby reserved by Lincus.

You are not granted any rights under any of Lincus’ trademarks, or any trademarks of any other third party or any other products or services of Lincus (including without limitation the Service). Lincus is not responsible for providing any product support, maintenance or upgrades. You are responsible for the management and operation of the Service. You may use the Service on more than one central processing unit to which you have access, provided that such use is for your sole use.

You acknowledge and agree that the Service is proprietary to Lincus and protected under United States laws and international treaties. You further acknowledge and agree that all right, title and interest in and to the Service, including all associated intellectual property rights in the Service, whether registered or not, and wherever in the world they may exist, are and shall remain with Lincus, including but not limited to graphics, user interface, and the scripts and code used to implement the Service. This Agreement does not convey to you an interest in or to the Service, but only a limited right to use, revocable in accordance with the terms of this Agreement. The look and feel of the Service is proprietary to Lincus. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Lincus.

You acknowledge that the Service constitutes commercially valuable, proprietary property of Lincus, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and “good will” of Lincus.

You agree that you will not (a) reverse engineer, modify, alter, disassemble, decompile, adapt or translate any part of the Service except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (b) copy, whether manually or by an automated “scrape” (except solely for back-up purposes), sell, loan, assign, sublicense, subcontract, transfer, give, disclose, pledge, lease, rent or share any portion of the Service or your rights or obligations under this Agreement; (c) modify or prepare derivative works of the Service; or (d) use the Service in a competing business. You agree to keep confidential the Service, and use your best efforts to prevent and protect the Service from unauthorized disclosure or use. You further agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

Materials and Content

All information and materials provided by Lincus through the Service, including but not limited to, text, trademarks, logos, graphics, videos and images (the “Materials”), are the copyrighted works and other forms of intellectual property of Lincus or third parties who have authorized use of the Materials with the Service, unless otherwise provided in respect to specific areas or Materials in the Service. Unless otherwise provided in respect to specific areas or Materials in the Service, Lincus grants you only the limited license solely to display the Materials on your personal computer or personal mobile device. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of this Agreement. Upon termination of this limited right of display, you agree to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.

You understand that all Materials are the proprietary property of Lincus and are protected by copyright, trade secret, and other applicable laws. Submissions made by you or other registered users of the Service (“Submissions”) are not considered part of the Materials, but are subject to the restrictions set forth below. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of Lincus, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and “good will” of Lincus.

You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by Lincus, in advance, and in writing.

You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to third parties.

Unless expressly indicated otherwise herein by Lincus, even if you have previously obtained Lincus’ written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from this Service.

Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the Submissions of any party.

Content on the Service may be supplied by third parties and registered users of the Service. Accordingly, Lincus has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information of any provider or other registered user of the Service, are those of the respective parties and not necessarily those of Lincus. Neither Lincus nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.

There may be links established between the Service and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, Lincus. Such links do not necessarily constitute an endorsement by Lincus of those sites. Lincus undertakes no obligation to monitor such sites, and you agree that Lincus is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to the Service, you will immediately discontinue such link upon receiving written notice from Lincus of its objection to any such link.

You agree to not post content or take any action on that infringes or violates someone else’s rights or otherwise violates the law. All content posted on the Service must comply with U.S. copyright law. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Lincus can remove any content or information you post if Lincus believes that it violates this Agreement. You will not use Lincus’ copyrights or trademarks or any confusingly similar marks. If you collect information from users, you will obtain their consent, make it clear that you (and not Lincus) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

Your Warranty and Indemnification

You represent and warrant to Lincus that your use of the Service will at all times comply with this Agreement, and all applicable law, rules and regulations. You agree to defend, indemnify and hold Lincus, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Lincus as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Lincus, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Lincus’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service.

Your Use of Third Party Applications

If you elect to utilize any third party application in connection with your use of the Service, by doing so you are consenting to Your Data being shared with such third party application. To understand how such third party application provider utilizes Your Data and other information, you should review their terms and privacy policy.

Security

We will use industry standard technical and organizational security measures, and as required by applicable law, in connection with the storage, processing and transfer of Your Data that are designed to protect the integrity of that Your Data and to guard against unauthorized or unlawful access to, use of, or processing of Your Data.

Cancellation and Termination

You are solely responsible for properly canceling your Account through the Service. An email or phone request to cancel your Account is not considered cancellation.

All of Your Data will immediately be inaccessible from the Service upon cancellation. Within 30 days after cancellation, all of Your Data, in addition to your Account, will be permanently deleted from all backups. This information cannot be recovered once it has been permanently deleted.

The Company, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all of Your Data in your Account. The Company reserves the right to refuse use of the Service to anyone for any reason at any time.

Disclaimer of Warranties

THE SERVICE (INCLUDING ALL DATABASES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES OF ANY KIND AND LINCUS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ORIGINALITY, MERCHANTABILITY, NONINFRINGEMENT, TITLE, ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE OR FITNESS FOR A PARTICULAR PURPOSE. LINCUS DOES NOT WARRANT THAT THE SERVICE OR FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES WILL BE CORRECTED, THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. LINCUS DOES NOT WARRANT THAT THE SERVICE WILL WORK CORRECTLY IN ANY PARTICULAR OPERATING ENVIRONMENT. LINCUS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.

LINCUS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LINCUS DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

LINCUS 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 LINCUS 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 DATA OR INFORMATION OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR YOUR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.

General Conditions

It is your responsibility to create back-up files for any and all such information, data and files that you use in connection with the Service.

You grant Lincus certain rights with respect to Your Data. For example, Lincus needs to be able to transmit, store and copy Your Data in order to display it to you, to make backups to prevent data loss, and so on. Your acceptance of this Agreement gives Lincus the permission to do so and grants Lincus any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose).

You understand that Lincus uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You expressly understand and agree that the failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

The Service may contain technical data subject to export and re-export restrictions imposed by the government of the U.S.A. You shall not use the Service in any manner that results in violation of the export control laws and regulations of the U.S.A. You shall not, and shall not cause, any export or re-export, directly or indirectly, the Service or the accompanying materials to (i) any countries that are subject to U.S.A. export restrictions, (ii) any user of this Service who you know or have reason to know will utilize the Service and/or accompanying materials in the design, development or production of weapons, including nuclear, chemical or biological weapons, or (iii) any other user of this Service who has been prohibited from participating in U.S.A. export transactions by any federal agency of the government of the U.S.A.

You acknowledge that any breach of your obligations under this Agreement with respect to the proprietary rights or confidential information of Lincus or any of its licensors will cause Lincus irreparable injury for which the remedies at law are inadequate and therefore Lincus is entitled to immediate equitable relief in addition to all other remedies provided by this Agreement or available at law or in equity.

Except to the extent expressly provided below, this Agreement and the relationship between you and Lincus shall be governed by the laws of the State of Connecticut, excluding any conflicts of law provisions. You and Lincus agree to submit to the personal and exclusive jurisdiction of the courts located within Connecticut, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth in the next sentence, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

You acknowledge and agree that Lincus may, without liability to you, access, use, preserve and/or disclose your information and content to law enforcement authorities, government officials, and/or a third party, as Lincus believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Lincus, its users, a third party, or the public as required or permitted by law.

No waiver of any provision of this Agreement nor any breach hereunder shall be deemed a waiver of any other provision or subsequent breach, nor shall any such waiver constitute a continuing waiver.

If any part of this Agreement, or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of this Agreement or the applications of such provision to other persons or circumstances shall not be affected thereby.

Lincus may assign its rights under this Agreement at any time without notice.

The provisions of this Agreement are for the benefit of Lincus, and its subsidiaries, affiliates and its service providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

This Agreement shall be binding upon the successors, heirs and assigns of the parties.

Contact Us

If you have questions, comments, or notices about the Service or this Agreement, please contact us at: legal@linc.us

Last updated December 21st, 2018
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