Disclaimer

There is nor can there be any guarantee that an individual with whom may interact on this website will be a "nice" or polite human being. You may encounter rude people on this site. You are requested to do what you can to conform to reasonable standards of behavior in using LabScene’s website. You can accomplish this in several ways, including, but not limited to, the following:


 * 1) Do not publish falsehoods or misrepresentations that could damage LabScene, its members or any third party;
 * 2) Don’t be hateful, harassing, defamatory, libelous, obscene, or write anything else offensive or negative in any communications with other persons or on display in your submissions to this site. This is particularly important because we wish to discourage any unlawful or otherwise offensive conduct relating to LabScene’s web platform.
 * 3) Do not post or use any materials on this website which could be considered pornographic in nature. Any use of photos, images, still or moving, video or film of content which could be alternatively viewed as pornographic in nature should not be submitted.

WARRANTIES/DISCLAIMER OF LIABILITY. This is where we hang you out to dry should any of the following happen:
 * 1) LabScene does not guarantee that the general or specific information posted on this site is accurate, current, or suitable for any particular purpose.
 * 2) We also assume no obligation to update or continue to post the information on this site.
 * 3) LabScene does not guarantee that access to this Website will be uninterrupted.
 * 4) LabScene does not guarantee that this Website will be free of viruses.
 * 5) LabScene does not guarantee that this website cannot be tampered with by third parties.
 * 6) Notwithstanding the above, we will make every reasonable attempt to protect the information in this site.
 * 7) To the fullest extent permitted by law, LabScene disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any submissions.

Here’s the fine print (albeit in CAPS): YOU, THE USER OF THIS WEBSITE ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL LABSCENE, ITS EMPLOYEES OR ANYONE ELSE INVOLVED IN CREATING OR MAINTAINING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSSES THAT RESULT DIRECTLY OR INDIRECTLY FROM THE USE OR INABILITY TO USE THE WEB SITE AND/OR ANY OTHER WEB SITES WHICH ARE LINKED TO THIS SITE - OR THAT RESULT DIRECTLY OR INDIRECTLY FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, VIRUSES, ERRORS, DEFECTS, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS.

IN STATES WHICH DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. EVEN IF LABSCENE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR THE INFORMATION IS TO STOP USING THE SITE AND THE INFORMATION CONTAINED THEREIN. NO ADVICE OR INFORMATION FROM LABSCENE OR THROUGH OR FROM THE WEBSITE OR SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LABSCENE, ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT APPLICABLE TO YOUR CIRCUMSTANCES.

ADVERTISING. LabScene provides a beneficial service to companies that wish to expand their outreach to consumers by allowing them to advertise on our website for a low fee. We do not perform background checks to determine the veracity of the information and/or list of qualifications of any company that has a web page and/or any other form of advertisement posted on or linked to our site. We do not make any representations, guarantees or warranties regarding the accuracy of information contained in any advertisement, or the quality of the performance of the company that advertises on our site. Therefore, you should understand that LabScene does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by those companies.

INDEMNIFICATION. In making message posts, uploading, downloading, information on this site, you agree to indemnify, LabScene, whether statutorily permitted or required under the applicable state or federal laws. Your agreement to indemnify operates to defend and hold LabScene, its owner(s), employees, officers and agents, subsidiaries, affiliates, and their respective members, harmless from any liability, including, but not limited to judgments, penalties, fines, settlements, losses, claims and expenses, including attorney's fees and expenses, related to or arising from your use of LabScene's services, unauthorized use of the site and the materials displayed or accessed by you on this site, or your violation of the Terms and Conditions or use of this web site.

DISPUTE RESOLUTION. To prevent the waste of any number of tangible and intangible resources on litigation, you and LabScene agree to resolve disputes privately by good faith negotiation where at all possible. Any dispute that you and LabScene cannot resolve by negotiation shall be submitted tomediation, and if mediation fails, under the rules of the American Arbitration Association, or any comparable entity agreed upon in writing by both LabScene and you. Any arbitration award issued by the mediator shall be final, binding, and enforceable in any court of competent jurisdiction. You and LabScene agree that any mediation or arbitration of disputes pursuant to this paragraph will be held at the appropriate venue in the State of TEXAS. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration.

ATTORNEYS' FEES. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorney fees for having to compel arbitration or defend or enforce the award. Should either party resort to any other legal proceedings in connection with this Agreement, this contract binds the prevailing party in such legal proceedings to recover its reasonable attorneys' fees and costs from the non-prevailing party, notwithstanding any general legal principles or local policies to the contrary.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of TEXAS.

SEVERABILITY. These Terms and Conditions were drafted in good faith with every intention of supporting notions of fairness and respect for public policy. No provision herein was written with the intent to defraud, misrepresent or to mislead. If any term, provision, covenant or condition of this Agreement, or the application thereof, to any person, place, or circumstance, shall be held to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

DISCLAIMER OF ENDORSEMENT. Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by LabScene or its employees. They are for convenience only.

NO WAIVERS. LabScene does not waive any of its rights to enforce any provision of this Agreement at any time. This is the case even if there is a lapse in time between our initial notice of any failure to perform and our ultimate decision to take action to strictly enforce the Agreement.