Last Modified: December 12, 2019
YOUR ACCESS AND USE OF THE SITE
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that StaCyc, in its sole discretion, may elect to take. StaCyc reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Password and Username. To use portions of the Site, you may be required to register for an account. If you create an account on the Site by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password. You agree that StaCyc shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Site via your username and password. You agree that you will log out of your account each time you are finished using the Site—i.e. after each session.
INTELLECTUAL PROPERTY RIGHTS
The Site and their entire contents, features, and functionality including, but not limited to, all information, software, text, warranty manuals, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by StaCyc, its licensors, or other providers of such material, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark, or other proprietary rights or notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any materials made available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to [firstname.lastname@example.org].
TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES
All trademarks, service marks, logos, slogans, and taglines displayed on or through the Site are property of StaCyc or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Site without the express written permission of StaCyc, or such third party that may own the trademark, service mark, logo, slogan, or tagline.
When you submit to us either solicited or unsolicited ideas, notes, drawings, concepts or other information (collectively, “Submissions”), you grant StaCyc a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. Any Submissions you post to the Site will be considered non-confidential and non-proprietary.
You understand and acknowledge that you are responsible for all Submissions you submit or contribute, and you, not StaCyc, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Site.
You shall not attempt to disrupt the operation of the Site in any manner, including through the use of methods such as denial-of-service attacks, flooding, or spamming, and you will not transmit, distribute, introduce, or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs, or any other malicious or harmful code. You shall not use the Site in any manner that could damage, disable, or impair our Site or networks. You shall not attempt to gain unauthorized access to any computer systems or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access the Site. Furthermore, you shall not impersonate or attempt to impersonate StaCyc, a StaCyc employee, another user, or any other person or entity, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm StaCyc or the users of the Site or expose them to liability.
MONITORING AND COOPERATION WITH LAW ENFORCEMENT
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
LINKS TO THIRD PARTY WEBSITES
RELIANCE ON INFORMATION ON THE SITE
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users and third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by StaCyc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of StaCyc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, other proprietary material due to your use of the SITE, any services or items obtained through the Site, your downloading of any material posted on THE SITE, or any siteS linked to it. STACYC, ITS AFFILIATES, NOR ANY OTHER PERSON OR ENTITIES ASSOCIATED WITH THE SITE ASSUME NO responsibility for any loss, damages, liabilities arising from the failure of any telecommunications infrastructure, the internet, or for your misuse of any advice, SUBMISSIONS, ideas, information, instructions, or guidelines accessed through the Site.
the information and services offered on or through the Site and any referenced third party WEBsites are provided ON AN “as Is” AND “ON AVAILABLE” BASIS, without warranties of any kind, either express or implied. this includes any service providers included on the Site. any third PARTY service providers are supplied as a convenience to YOU, and the listing of such does not constitute sponsorship, affiliation, partnership, or endorsement. STACYC disclaims all expressed and implied warranties to the fullest extent of the law, including but not limited to THE implied warranty of meRchantability, fitness for a particular purpose, title, and non-infringement.
NEITHER STACYC, ITS AFFILIATES, NOR ANY OTHER PERSON OR ENTITIES ASSOCIATED WITH THE SITE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER STACYC, ITS AFFILIATES, NOR ANY OTHER PERSON OR ENTITIES ASSOCIATED WITH THE SITE warrantS or make any representations regarding the use or the results of the use of the Site, OR content or images submitted or posted on the SITE in terms of its ownership, validity, correctness, accuracy, timeliness, reliability, or otherwise, including content and images posted by users of the Site, THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY
to the maximum extent permitted by law, in no event shall STACYC, ITS PARENT, AFFILATES or THEIR RESPECTIVE directors, officers, employees, or agents be liable to you for ANY INDIRECT, special, incidental, EXEMPLARY, punitive or consequential damages, lost profits, lost data, OR BUSINESS INTERRUPTION, regardless of the foreseeability of those damages, arising out of or in connection with your use of the Site or any other materials or services provided to you by STACYC. IN NO EVENT SHALL STACYC, ITS PARENT, AFFILATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY [IN AN AGGREGATE AMOUNT EXCEEDING ONE HUNDRED DOLLARS (us $100)]. thE FOREGOING limitationS shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. the foregoing DOES not affect any liability that cannot be excluded or limited under applicable law.
GOVERNING LAW AND JURISDICTION
WAIVER AND SEVERABILITY
COPYRIGHT INFRINGEMENT CLAIMS
StaCyc respects the intellectual property rights of others. It is StaCyc’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to StaCyc (“DMCA Notice”) please provide: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StaCyc to locate the material; (d) information reasonably sufficient to permit StaCyc to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) include both of the following statements in the body of the DMCA notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”, and (ii) “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), StaCyc’s designated agent to receive notices and counter notices of claimed infringement is:
Attn: Privacy Department
Address: 6861 Corporation Parkway Suite 100 A
Fort Worth, TX 76126
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although StaCyc reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Site, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
YOUR COMMENTS AND CONCERNS
Attn: Privacy Department
6861 Corporation Parkway Suite 100 A
Fort Worth, Texas 76126