It also contains webpages generated by groups or individuals whose expressed views do not necessarily represent the views of Scripps Research. Scripps Research does not actively monitor or control web content on the Site. However, when Scripps Research receives a notification of an alleged violation of law, we investigate and address violations accordingly.
Unless otherwise expressly noted, you should assume everything you see, hear or otherwise receive from or on the Site (the “Content”) is copyright, trademark, trade dress or other intellectual property owned or licensed by Scripps Research. ALL CONTENT IS PROVIDED TO YOU AS-IS. Scripps Research shall own or control all right, title and interest in and to the Content, to all derivatives thereof, and to all intellectual property rights related thereto. The Content includes, without limitation, images, illustrations, designs, artwork, icons, photographs, trademarks, logos, text, sounds, music, the Site as a whole and any other materials at the Site.
The information in this Site is provided as a courtesy by Scripps Research. The views and opinions of individual authors do not necessarily state or reflect those of Scripps Research. References to specific products, processes or services do not constitute or imply recommendation or endorsement by Scripps Research.
The official Scripps Research Website displays the Scripps Research Copyright date at the bottom of the page. Only Sites bearing the Scripps Research Copyright date are Official Scripps Research Websites. All other sites hosted by Scripps Research servers are not official, including personal web pages of students, faculty, and staff, whether or not they carry a disclaimer. Unofficial sites do not represent Scripps Research in any way. Any Content contained or accessible from unofficial websites does not reflect the views of Scripps Research and Scripps Research does not endorse, warrant, or otherwise take responsibility for the Contents of unofficial webpages or of any material accessible from unofficial webpages, but does reserve the right to review Content and request changes or remove the unofficial webpages based on Scripps Research policies.
Nothing in the Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Site.
No part of the Site, and/or Content from the Site shall be copied, reproduced, republished, uploaded, posted, transmitted, or distributed, in whole or in part, by or through any form, manner or media, without Scripps Research’s prior written consent, except that you may download one copy of the Content on any single computer for your personal, non-commercial home viewing use only, provided you keep intact all copyright and other proprietary notices. Modification, merger or other use of any of the Content for any other purpose is a violation of Scripps Research’s copyright and other proprietary rights and is expressly prohibited. For purposes of these Terms, the use of any Content on any other website or networked computer environment is prohibited.
If you would like to request reprints, copies or distribute materials contained on the Site, other than for noncommercial, personal use, please contact Scripps Research Communications Department at firstname.lastname@example.org.
You agree that you will make only lawful use of the Site, and will use the Site only in compliance with all federal, state and local laws and regulations. You agree that you will not collect or harvest any personally identifiable information from the Site. You agree that you will make no use of the Site that violates anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other rights. You further agree that you will not modify or alter the Site or any Content.
You agree that you will not upload, post, transmit, distribute or otherwise publish on or to the Site (“Publish”) any materials that contain a software virus or other harmful component. You agree that you will not Publish any materials that contain advertising or commercial material of any kind. You agree that you will not Publish any materials that are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful, or that violate any rights of privacy or publicity or any trademark, copyright, patent or other rights. You are solely responsible for the content of any material you Publish. Scripps Research is not responsible or liable for the conduct of any person using the Site.
Scripps Research may change, suspend, discontinue or remove any aspect of the Site at any time, without prior notice, including the availability of any Site feature, services or Content or any material you have Published. Scripps Research may restrict your access to certain features, services or Content at any time, without prior notice, and at its sole discretion.
If you are an employee, agent, contractor, or are otherwise employed by Scripps Research, these Terms supplement the Scripps Research policies on Electronic Communications and Computer Systems, Conflict of Interest, and Document Management. In the event of a conflict between these Terms and other Scripps Research policies, the relevant Scripps Research policy will control.
Portions of the Site are not public. Use of non-public portions of the Site are restricted to authorized Scripps Research personnel and authorized affiliates. All use of restricted portions of the Site may be monitored and/or recorded by Scripps Research system administration staff.
By using restricted portions of the Site, you expressly consent to any monitoring and recording of your activities while in such restricted areas. In the event monitoring reveals any indications of criminal activity, system administration staff will have the right, but not the obligation, to provide any such information to law enforcement personnel.
This information is designed only for research and educational purposes and is not provided as a professional service or as medical advice for specific patients. It is not a substitute for professional medical care and if you have, or suspect you may have, a health problem, you should consult your healthcare provider.
The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Any links from the Site do not constitute Scripps Research’s endorsement of any third party, its Website, or its goods or services.
Scripps Research permits text links to Content on the Site, provided: (a) any text-only link must clearly be marked “The Scripps Research Institute;” (b) the appearance, position and other aspects of either the link or the host website shall not be such as to damage or dilute the goodwill associated with Scripps Research’s name and trademarks; (c) the appearance, position and other aspects of either the link or the host website shall not create the false appearance that an entity other than Scripps Research is associated with or sponsored by Scripps Research; (d) the link, when activated by a user, must display this Site full-screen and not within a “frame” on the linked website; and (e) Scripps Research reserves the right to revoke its consent to the link at any time in its sole discretion by amending these Terms.
Scripps Research is not responsible for any hyperlinks, Websites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have any concerns regarding any Website linked to or from the Site, please direct them to the owner or operator of that Website.
Scripps Research Policy
It is our policy to respond to proper notices of alleged copyright or trademark infringement. This Section describes the information that should be present in these notices. Scripps Research complies with the provisions of 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) with respect to claims of copyright infringement. We will follow similar procedures described herein with respect to claims of trademark infringement.
You are not allowed to post copyrighted materials, including without limitation journal articles, to the Site without permission of the author and/or publisher. You are also not allowed to post or place the trademarks, service marks, logos or trade dress of other third parties on the Site without the permission of those trademark owners. If your copyrighted material or trademark has been posted on the Site and you want this material or trademark removed, you must provide a written notice that details the information listed in the following Section. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notice.Infringement Notice
To file a notice of copyright or trademark infringement with us, you must provide a written notice by regular mail or fax, not by email, that clearly identifies the items set forth below. Please be aware that you will be liable for damages, including attorney’s fees and costs, if you misrepresent that information or material on our Site is infringing your copyright or trademark. As a result, we recommend that you first contact an attorney for advice before filing an infringement notice with us.
The following items must be included in your copyright or trademark infringement notice:
10550 North Torrey Pines Road, TPC-8
La Jolla, CA 92037
Fax: (858) 784-8118
The provider or administrator of material claimed to be infringing may make a counter notice pursuant to Sections 512(g)(2) and (3) of the DMCA. When we receive a counter notice, we may reinstate the allegedly infringing material on the Site.
To file a counter notice with us, you must provide a written notice by regular mail or fax, not by email, that clearly describes the items set forth below. Please be aware that you will be liable for damages, including attorneys’ fees and costs, if you misrepresent that certain material or activity is not infringing the copyrights or trademarks of other parties. As a result, we recommend that you first contact an attorney for advice before submitting a counter notice to us.
The following items must be included in your counter notice:
10550 North Torrey Pines Road, TPC-8
La Jolla, CA 92037
Fax: (858) 784-8118
Scripps Research trademarks or service marks on the Site are registered and/or common law trademarks of The Scripps Research Institute and include, without limitation, the following marks: The Scripps Research Institute; The Scripps Research Institute and Design; Scripps Research; Scripps Research and Design; Scripps Florida; Scripps Florida and Design; Scripps Research Press; and Scripps Research Press and Design. Other trademarks appearing on the Site are the property of their respective owners. Use of any Scripps Research trademark is subject to Scripps Research’s prior written consent.
As a registered 501(c)(3) nonprofit organization, Scripps Research relies on private support, applying the majority of each dollar contributed to its world-renowned research efforts. In connection with Scripps Research’s fundraising activities, certain states require us to advise you that a copy of our state’s fundraising registration or financial information is available from them. Scripps Research’s principal place of business is located at 10550 North Torrey Pines Road, La Jolla, CA 92037. A copy of Scripps Research’s official California Registration (#CT 80057) and financial information may be obtained from the California Attorney General’s website at http://caag.state.ca.us/charities. A copy of Scripps Research’s official Florida Registration (#CH 17266) and financial information may be obtained from the Division of Consumer Services by calling toll free at (800) 435-7352 within the State of Florida. Registration for fundraising purposes with a state agency does not constitute or imply endorsement, approval or recommendation by that state.Disclaimers and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCRIPPS RESEARCH, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. SCRIPPS RESEARCH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR CONTENT BY SCRIPPS RESEARCH OR BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SCRIPPS RESEARCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, IF ANY, AND SCRIPPS RESEARCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL SCRIPPS RESEARCH, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY BY SCRIPPS RESEARCH OR ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SCRIPPS RESEARCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SCRIPPS RESEARCH SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Scripps Research makes no representations that the Site or Content is appropriate or available for use in locations outside of the United States of America. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
You assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Scripps Research will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services or other Content.
To the fullest extent permitted by law, you agree to indemnify, defend (by counsel reasonably acceptable to Scripps Research), and hold harmless Scripps Research, its members, officers, directors, employees and agents (collectively, the “Indemnitees”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees, expert witness fees and costs incurred by the Indemnitees, with respect to any direct or third party claim, suit or action asserted against any of the Indemnitees, whether or not a lawsuit or other proceeding is filed (collectively “Claims”), that arise out of or relate to: (a) your use of and access to the Site and/or Content; (b) your violation of any term of these Terms of Service; (c) your actual or alleged violation of any third party rights, including without limitation any patent, trademark, copyright, trade secret, property, or privacy rights; (d) your failure to comply with any applicable laws, rules, or regulations; (e) your use of any third party websites found on the Site or the products or services advertised by third parties on the Site; or (f) any claim that your use of the Content caused damage to a third party. You shall not enter into any settlement, stipulated judgment or other arrangement with respect to such Claims that (i) imposes any obligation on Indemnitees, (ii) does not unconditionally release Indemnitees from all liability, or (iii) would have an adverse effect on Scripps Research’s reputation or business, without Scripps Research’s prior written consent. Notwithstanding the above, Indemnitees, at their expense, shall have the right to retain separate independent counsel to assist in defending any such Claims. In the event you fail to promptly indemnify and defend such Claims and/or pay Indemnitees’ expenses as provided above, Indemnitees shall have the right, but not the obligation, to defend themselves, and in that case, you shall reimburse Indemnitees for all of their reasonable attorney’s fees, costs and damages incurred in settling or defending such Claims within thirty (30) days of each of Indemnitees’ written requests. This indemnity shall be a direct payment obligation and not merely a reimbursement obligation of you to Indemnitees. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms. Your obligations to Scripps Research will survive the termination of your rights under the Terms, including without limitation our ownership of the Content, restrictions regarding use of the Content, disclaimers, indemnification obligations and liability limitations. Upon termination of your rights, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content.
Terms will be construed according to California law, without regard to provisions governing conflicts or choice of laws. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, will be resolved exclusively by the state and/or federal courts located and San Diego, California. Your use of the Site constitutes your irrevocable consent and agreement to submit to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California with respect to such dispute, and waive any right to contest or otherwise object to such exclusive jurisdiction or venue.
If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be void, invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and Scripps Research relating to the Site. Any other agreements between you and Scripps Research regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.