This Terms and Conditions of Use Agreement (the "Agreement") governs your use of the collection of Web pages (the “Website) and other proprietary digital content (the “MRS Resources”) available through the Materials Research Society (“MRS”). URLs for those sites include www.mrs.org.
By using this site, you agree to accept and be bound by the Terms and Conditions. MRS reserves the right, at its sole discretion, to modify these Terms and Conditions, at any time, without prior notification and your continued use of this site constitutes your acceptance of any and all modifications. We encourage all Users to frequently review these Terms and Conditions.
ACCESS AND PASSWORDS
USE OF SITE AND SITE CONTENT
The content displayed on this site, including but not limited to the design, images, illustrations, graphics, photography, text and audio and video clips, if applicable, are owned, licensed to, or used with permission of third parties by MRS, unless otherwise noted. Such content is subject to copyright, trademark, trade dress and other intellectual property rights owned by MRS, licensed to MRS or authorized for use by MRS on this site.
The content of this site is intended for personal, non-commercial use only. No authorization is given to reproduce, modify, publish, distribute, transmit, download or create derivative works from any content on this site except as specifically permitted in this Agreement, without written permission from MRS.
You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of the MRS website. In particular, you certify that your use of any part of the MRS Resources will be in compliance with US intellectual property laws and these Terms and Conditions of Use. In using the MRS Site, Resources, and/or Services, you further agree (a) not to violate anyone's rights of privacy, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to use or attempt to use another person's password without their explicit consent, (d) not to collect or store personal data about anyone, (e) not to interfere with the work of other Users or MRS staff, servers, or resources, (f) not to transmit or facilitate the transmission of unsolicited email ("spam"), (g) not to harass, threaten, or otherwise annoy anyone, and (h) not to act in any way that might be harmful to minors, including, without limitation, transmitting or facilitating the transmission of child pornography, which is prohibited by federal law and may be reported to the authorities should it be discovered by MRS.
AUTHORIZATIONS AND CREDITS
You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of MRS, as well as with information we believe may be of interest to you. In addition, we request that, according to standard academic practice, if you use the MRS Resources or the MRS Website for any research that results in an article, a book, or other publication, you list the MRS resource or website as a resource in your bibliography.
MRS may immediately terminate this Terms and Conditions of Use Agreement upon written notice (including via email) to you if it determines, at its sole discretion, that any these Terms and Conditions of Use have been violated. Upon termination, you agree that MRS may immediately deactivate any password it has issued to you and bar you from accessing the MRS Resources or the Website.
MRS does not guarantee or warrant that the content available in the MRS resources/website is accurate, complete, non-infringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of the content. In addition, the MRS resources are provided to you on an as-is and as-available basis. You agree that your use of the website and the resources is at your sole risk. You understand and agree that MRS makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the content in the resources, that the website or the resources will meet your requirements, that access to the resources will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF FITNESS OR MERCHANTABILITY.
You agree to indemnify, hold harmless and, at our option, defend MRS and its affiliates, agents, officers, directors, members and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including, but not limited to, attorneys’ fees and court costs) arising from your use of MRS’s services, the site, or the MRS Resources. You agree that this Agreement is governed by Pennsylvania law and that any suit arising from this Agreement will be brought in Pittsburgh, Pennsylvania, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the Pennsylvania Code of Civil Procedure. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.
You agree to indemnify, hold harmless and, at our option, defend MRS and our affiliates, and our officers, directors, members, employees, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and court costs) arising from your violation of these Terms and Conditions of Use, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
You agree not to use this Website to:
a. Harm minors in any way;
b. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
c. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
d. "Stalk" or otherwise harass another user or employee of this Website; or
e. Collect or store personal data or attempt to collect or store personal data about other users of the Website.
These Terms and Conditions of Use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). MRS, or third parties on this Website, provide these links to other websites as a mere convenience, and use of these sites is at your own risk. You should direct any concerns with respect to any other website to that website's administrator or webmaster.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: Eileen Kiley, Director of Communications, Materials Research Society, 506 Keystone Drive, Warrendale, PA 15086.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE MRS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE MRS SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE MRS SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
Please contact us with any comments or questions at firstname.lastname@example.org.