DISCLAIMER

SCICAN makes no representations or warranties regarding the condition or functionality of the Server, or contents found thereon or through, its suitability for use, or that SCICAN will be uninterrupted or error-free. SCICAN further makes no representations about the suitability of any software or any content or information made accessible by the software or SCICAN,for any purpose.

SCICAN is provided "as is" without express or implied warranty, including the implied warranty of merchantability and fitness for a particular purpose. SCICAN shall not be liable for any damages suffered the users of SCICAN or the software, programming, and other documentation found on SCICAN.

SCICAN further disclaims any liability whatsoever for any information documentation, programs, software, or other material or information which is or may become a part of SCICAN; and does not warrant or guarantee that the information will not be offensive to the User. User is hereby put on notice that by accessing and using SCICAN user assumes the risk that the information and documentation contained on SCICAN may be offensive, inaccurate, and/or incomplete, and/or may not meet the needs and requirements of the user. The entire risk as to use of SCICAN is assumed by the User.

By using SCICAN or copying any software found on or via SCICAN, User agrees to abide by the federal copyright laws and all other applicable laws of the U.S. and/or the state of Indiana as well as the terms of this Disclaimer. SCICAN shall have the right to terminate the User's privilege of use immediately by written notice upon User's breach of, or non-compliance with the foregoing. User may be held legally responsible for any copyright infringement that is caused or encouraged by User's failure to abide by the terms set forth herein.

Commercial use of the documents available from this server may be protected under the U. S. and Foreign Copyright Laws. Individual documents on this server may have different copyright conditions, and that will be noted in those documents.

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by SCICAN. The views and opinions of authors expressed herein do not necessarily state or reflect those of SCICAN, and shall not be used for advertising or product endorsement purposes.

DISCLAIMER OF LIABILITY: With respect to documents available from this server, neither SCICAN nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

Notice: Any unauthorized access to this system is prohibited and is subject to criminal and civil penalties under Federal Laws and Indiana State Laws.

SCICAN recognizes the value and potential of a person publishing on the Internet, and so allows and encourages users to experiment with producing personal home pages. However. SCICAN can accept no responsibility for the contents of those pages.

SCICAN MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS AND SERVICES AVAILABLE OR ADVERTISED ON ITS SITE. SCICAN ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH GOODS AND SERVICES OR ANY DAMAGES RESULTING FROM THE USE THEREOF OR ARISING IN CONNECTION THEREWITH. SITE VISITORS WHO PURCHASE GOODS AND SERVICES ASSUME ALL RISK OF ALL KINDS WITH RESPECT TO SUCH GOODS AND SERVICES. THE SITE VISITOR MUST PAY ALL FEES, INCLUDING WITHOUT LIMITATION, SALES TAXES, IMPORT DUTIES OR LIKE CHARGES, WITH RESPECT TO SUCH GOODS AND SERVICES. USE OF SCICAN SERVICES IS AT THE SITE VISITOR'S SOLE RISK. SCICAN MAKES NO WARRANTY THAT GOODS AND SERVICES AVAILABLE THROUGH ITS SITE WILL MEET ANY PARTICULAR PERFORMANCE OR QUALITY STANDARDS, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, SCICAN WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY GOODS OR SERVICES AVAILABLE OR ADVERTISED THROUGH THE SCICAN SITE. UNDER NO CIRCUMSTANCES SHALL SCICAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH GOODS OR SERVICES ADVERTISED OR OBTAINED THROUGH THE COMPANY'S SITE. THE ABSOLUTE LIMIT OF LIABILITY FOR ANY CLAIM HEREUNDER, INCLUDING WITHOUT LIMITATION CLAIMS DUE TO SCICAN'S NEGLIGENCE, SHALL BE ANY SERVICE FEE OR USER FEE PAID BY ANY CLAIMANT TO THE COMPANY IN CONNECTION WITH THE PROVISION OF SERVICES TO THE CLAIMANT BY THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT.

YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

You agree to defend, indemnify, and hold SCICAN harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from:

  1. Any violation of this Agreement by you or those who access the Service through your account.
  2. The use of the Service or Internet.
  3. The placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

This Agreement is effective from your acceptance of these terms and conditions, which is indicated by your first use of the Service through your account, whichever is first.

If you are a current SCICAN member when this Agreement is activated, your continued Service signals your acceptance of the terms of this Agreement.

This DISCLAIMER AND Agreement shall all be governed and construed in accordance with the laws of the State of Indiana applicable to agreements made and to be performed in Indiana. You agree that any legal action or proceeding between SCICAN and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Indiana. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SCICAN'S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.