Introduction

These Terms of Use ("Terms") apply to the specimen repository websites, portals and online databases of Frontier Science and Technology Research Foundation, Inc. ("Frontier Science"), including, without limitation, www.specimenrepository.org (collectively, "Website"). The Website is operated and maintained by Frontier Science. In these Terms, the terms "we," "us," and "our" refer to Frontier Science.

By accessing or otherwise using the Website, you hereby accept and agree to be bound by the Terms set forth below without any modification. The Terms expressly incorporate the Privacy Policy.

We reserve the right to change the Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute your acknowledgement and agreement of the modified Terms.

Intellectual Property Rights

The trademarks, service marks, trade dress, designs, text, images, graphics, data, audio, video and other content included or available on or through the Website (collectively, "Content") are protected by United States and international copyright, trademark, intellectual property and other applicable laws. Frontier Science or its affiliates own, or have license rights to, the copyrights and other intellectual property rights to the Website and the Content. All rights in the Website and the Content that are not expressly granted, are reserved. You may use the Website and Content only in the manner and for the purpose specified in these Terms. Except in a manner explicitly permitted by these Terms, you may not modify, transmit, reproduce, distribute, display, or otherwise make available any form or by any means any part of the Content or the Website without the express, prior written permission from Frontier Science.

Use in Research

The Content includes text, images, graphics and data that you might find useful for creating research proposals related to specimens of interest (collectively, "Data"). Subject to the terms and conditions of these Terms, you will have a revocable, limited, non-exclusive, non-transferrable right to incorporate print-outs and other forms of the Data into such research proposals in accordance with the requirements of the agencies that originally collected such specimens. You agree that, when incorporating the Data into such research proposals, you will retain any and all copyright, trademark, and other notices accompanying the Data, and you will explicitly cite the Website and Frontier Science as the source of such Data.

Restrictions

In no event may you alter or modify the Website or any Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright, trademark and other notices on any Content you obtain from the Website. All rights in the Website and the Content that are not expressly granted, are reserved. You agree to use the Website and the Content only in ways that comply with all applicable laws, as well as with these Terms, and that do not infringe or violate anyone's rights.

You are expressly prohibited from using the Website for any of the following:

  1. Publishing or using any of the Content in any way not explicitly permitted by these Terms without the express, prior, written permission from Frontier Science;
  2. Selling, reselling, trading, hosting, posting or otherwise commercializing, profiting from, or deriving revenue from the Website or its Content;
  3. Using the Website in any way that may be damaging to the Website;
  4. Using the Website in any way that impacts user access to the Website;
  5. Using the Website contrary to applicable laws and regulations, or in a way that causes or may cause harm to the Website, any person, or any business or government entity;
  6. Engaging in data mining, data harvesting, data extracting, or any other similar activity using the Content on the Website;
  7. Interrupting or attempting to interrupt or disrupt the operation of the Website or its related servers in any way;
  8. Linking the Website to another website;
  9. Linking any third party website or third party online content to the Website; and
  10. Accessing, or attempting to access, any portion of the Website through any automated, unethical, unconventional or other means not provided by us.

You may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of your ability to use the Website. You agree that any information you provide will always be accurate, correct, and up to date.

Monitoring

Frontier Science has no obligation to monitor the Website or screen content that is shared on or through the Website. However, Frontier Science reserves the right to review the Website and content and to monitor all use of and activity on the Website, and to remove or choose not to make available on or through the Website any content in its sole discretion. Frontier Science may remove content that is confidential or proprietary to a third party without that third party?s permission.

Termination of Use

Frontier Science may, in its sole discretion, at any time discontinue providing or limit access to the Website, Content, any areas of the Website or resources provided on or through the Website. You agree that Frontier Science may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Website or any Content. Frontier Science may terminate or limit your access to or use of the Website if Frontier Science determines, in its sole discretion, that you have infringed the copyrights or other intellectual property rights of a third party. You agree that Frontier Science shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Website or any Content, including content that you may have shared.

Links to Other Websites

The Website may provide links to other web content as a convenience to our users. Frontier Science does not endorse and is not responsible for the content of third-party websites. Linked websites and the content on linked websites are operated by, and the property of, their respective owners. Links to other websites does not imply that Frontier Science is affiliated with or associated with the linked website or its content. No warranty, expressed or implied, is made for the fitness, accuracy, or applicability of any linked websites or content.

Idea Submission

If you have any intellectual property (including, without limitation, concepts, ideas, inventions, works of authorship, information, suggestions, and proposed product or service improvements) that you would like to present to Frontier Science, you shall not submit such intellectual property to Frontier Science unless you and Frontier Science have first signed a written agreement regarding the disclosure of such intellectual property to Frontier Science. If you disclose any such intellectual property to Frontier Science absent such a written agreement, the following terms shall apply: (a) such intellectual property shall automatically become the property of Frontier Science, without compensation to you; and (b) Frontier Science, as owner, shall have the right to use such intellectual property for any purpose and in any way, even give such intellectual property to others.

Eligibility

You affirm that you are either more than 18 years of age, or of the age of majority under applicable law, and are fully competent to use the Website and to enter into and comply with these Terms.

Disclaimer, Limitation of Liability, and Indemnification

You hereby indemnify and hold harmless, to the fullest extent, Frontier Science, its officers, directors, employees and agents from and against any and all claims, liabilities, costs, demands, cause of action, damages, and expenses, including reasonable legal fees and costs, that may result from or in any way relate to your use of the Website, your failure to comply with these Terms, any additional rules or terms of use posted for a specific area of the Website, any research proposals created by you, your violation of applicable law, or your violation or infringement of any third party rights, including intellectual property rights. You shall fully cooperate with Frontier Science in its defense of any such claim. Frontier Science reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Frontier Science.

IN NO EVENT SHALL FRONTIER SCIENCE, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANYWAY RELATED TO YOUR USE OF THE WEBSITE, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT, OR OTHERWISE. FRONTIER SCIENCE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY LIABILITY, LOSS OF PROFITS OR REVENUE AS A RESULT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE WEBSITE OR THE CONTENT.

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FRONTIER SCIENCE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE WEBSITE AND CONTENT PROVIDED ON OR THROUGH THE WEBSITE AT ANY TIME WITHOUT NOTICE.

ADVICE RECEIVED THROUGH THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR SITUATION.

FRONTIER SCIENCE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE AND THE CONTENT THEREIN. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRONTIER SCIENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE. FRONTIER SCIENCE MAKES NO WARRANTY THAT: (A) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OBTAINED BY YOU ON OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. FRONTIER SCIENCE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS DO NOT APPLY, AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Website, or the Content provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any Content in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the Content outside the U.S. Neither the Content nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General

These Terms are subject to the laws of the United States and New York state. Any legal action or proceeding relating to your access to, or use of, the Website or Content shall be instituted in State Court in Erie County, New York or in the United States District Court for the Western District of New York. You and Frontier Science agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. If any provision of these Terms is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

Contact Information

If you have any questions regarding these Terms, please contact Frontier Science by using the form available on our Contact Us page.

Last Revised: March 25, 2015