All contracts with us that you agree to are similarly subject to our Terms and the laws of the United States of America. The laws of the United States of America will have exclusive jurisdiction over any claim relating to our services or disputes about the application or formation of our Terms or contracts, although we retain the right to prosecute based on your breach of conditions in any relevant country based on that country’s legal codes.
We offer our services on an as is and as available basis, and we reserve the right to suspend or discontinue our services or restrict access to our website for some or all viewers with or without notice, at any time, without having any liability to you. By creating any institutional or personal identification or coded information on our site, you agree to refrain from disclosing this information to any third party, and to assure that all participants who utilize your accounts and identification are aware of and comply with the Terms. We may disable your account and identification information, or your access to our services and website if, in our opinion, you have failed to uphold our Terms or any contract with us. In order to maintain the security, safety, and integrity of Superior and its users, we may take steps to ensure the authenticity and enforceability of the Terms to you, as well as the validity of your service requests.
The rights granted to you by these Terms and by contracts with Superior are for you only and may not be transferred without our written consent; they may not be enforced on behalf of any third party. Rights arising from these Terms or any contract with Superior are cumulative and do not exclude rights provided by law; if any portion of these Terms or contracts are found by any court or administrative body with competent jurisdiction to be unenforceable, illegal, or invalid, all other provisions are still in force. No additions to or variation from the provisions presented in the Terms shall be enforceable unless prior written consent is given by Superior. These Terms do not affect your statutory rights as a consumer as determined by relevant US law.
The Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Website is the property of Superior or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Superior hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Website for personal or informational purposes only. Except as expressly authorized by Superior in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Website for any purpose or “frame” or “mirror” the Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to Superior and/or its licensors.
To use certain features of the Website or participate in certain activities sponsored by Superior, we might ask you to register as a participant or user. If so requested, each Website user must: (a) personally provide true, accurate, current and complete information on the Website’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Superior has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Superior may suspend or terminate any and all current or future use of the Website by that user. A user may receive passwords and account designations upon completing certain Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to Superior or the Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants Superior the royalty-free, world-wide perpetual, non-exclusive, transferable license to Superior to use, reproduce, modify, edit, publish, distribute and display such Content through the Website or those related websites hosted by Superior. Superior has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Superior shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. Superior, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Website users and the public.
You may link others to our site or describe our services to third parties as you see fit, provided that you do so in a way that is fair, legal, honest, and does not damage or take advantage of our reputation. You may not, however, imply or establish that you have any form of association with or endorsement by us unless indicated otherwise by our written consent. We do not have complete control over the contents of our site or any third party information we offer within it, and we cannot be held responsible for damages resulting from the contents of our site or these third party connections. Availability of the site and services are variable based on our needs and conditions, and we cannot be held responsible for any inaccessibility or difficulties in obtaining access or services due to any cause, with or without warning, though we do strive to make both our services and site available and helpful to you.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting, posting or sharing Content on the Website: (a) you shall not upload to, distribute through or otherwise publish through the Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harasSuperiornt of another person; (c) you will use this Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Superior; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. Superior shall not be liable in any way for any Content.
You are solely responsible for assuring that your use of our services complies with international law, US federal and state law, and all laws of countries relevant to your actions and interaction with Superior. You also confirm that all information you post to our site or send to Superior about yourself is complete, accurate, and true, that you are the owner of this information, and that you are not infringing upon the rights or intellectual property of any other person or organization. You warrant that your use of our services and the content you send or post to Superior is not being investigated and has no threat of investigation based on breach of trademark, copyright, or any other relevant law, and does not threaten the safety, security, foreign relations, unity, defense, or public order of the United States of America.
Superior does not verify, endorse or otherwise vouch for the Content. Content submitted to the Website or the Superior does not represent the views of Superior, or any individual associated with Superior, and Superior does not control this Content. In no event shall you represent or suggest, directly or indirectly, Superior’s endorsement of your Content. Superior does not vouch for the accuracy or credibility of any Content and does not take any responsibility or assume any liability for any actions you may take as a result of reading Content on the Website.
USE OF WEBSITE BY CHILDREN
THIS WEBSITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.
Superior may terminate your use of the Website for: (a) breach of these Terms; (b) your abuse of Website resources or attempt to gain unauthorized entry to the Website; or (c) as required by law, regulation, court or governing agency order. Superior’s termination of any user’s access to the Website may be effected without notice and, on such termination, Superior may immediately bar any further access to the Website. Superior shall not be liable to any user or other third party for any termination of that user’s access to the Website. In the event of termination, Superior reserves the right to delete or save a user’s Content at Superior’s sole discretion.
The Website may provide links to other websites. Superior exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY; LIMITATION OF LIABILITY
EACH USER’S USE OF THE WEBSITE IS AT HIS OR HER SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUPERIOR 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. DOAPP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by law, you agree that neither Superior nor any of its employees, affiliates, contractors, directors, representatives, or shareholders shall be liable for any direct, indirect, incidental, consequential, or punitive damages resulting from or relating to your use of or inability ot use our services or site; you also agree to defend Superior and the aforementioned parties against all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs arising from your use of our services or from violation of our Terms. This applies regardless of whether the damages are claimed based on a contract, due to negligence, or arising from the performance of the services or information provided by us, even if we have been advised of the possibility of damages or have been negligent; any delays, lacks of availability, or failure of service due to any force majeure event (including but not limited to acts of God, flood, fire, riots, government actions, power outages, and disruption of communication services), fall under the same lack of liability for Superior. We will similarly not hold you responsible for force majeure, and will work towards a reasonable solution that agrees as best as possible with our Terms. Under no circumstances will the total liability of Superior to you relating to your use of our services, rising from the contract, tort, or any other legal theory, exceed the amount of the fees you have paid to Superior in the twelve months prior to the event about which any claim is made.
By using our services, you acknowledge that the success of your work depends on the considerations of third parties and other aspects outside of our control, and that we will not be legally responsible for unsatisfactory outcomes of any kind, including but not limited to papers not accepted for publication or peer review, or accusations of negligence. We similarly cannot be held legally liable for expenses or results resulting from or relating to your actions following our services; we recommend careful consideration of significant decisions, possibly with further communication with technical experts, related to altering your manuscript. Our services constitute an advisory effort, not specific or absolute instruction. We also maintain that legal responsibility for any element of your work identified as plagiarism, before or after we complete our services, lies with you.
Superior respects the intellectual property rights of others, and requires that the people who use the Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Superior to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
The services and site listed above are the property of Superior Medical Editing, Inc. The trademarks and copyrights of the materials used for our services and contained in our site belong to Superior, whether or not they are registered under the name of Superior, and are subject to the laws of the United States of America. No element of our service or site may be considered to grant copyright or property rights to any third party or to you. In using our services or accessing the site, you agree not to copy, republish or reproduce, make available to the public, distribute, disclose to any third party, use in a non-personal or commercial way, or change these materials (including but not limited to the contents of our website, our comments on and replies to your submissions to Superior or any communications to you) in any way unless you have been given written permission by Superior, or unless it is specifically indicated otherwise on the site. The content, formatting, and wording of our responses to your submissions remain our intellectual property. Copyright and relevant intellectual property rights exist for all text contained in our site and the documents created by our services.
You agree to refrain from using our services in a defamatory, illegal, explicit, threatening, or otherwise objectionable way, and from submitting your own materials to Superior that contain the same or any computer virus or malware, that invade public or private property rights, or that could cause liability for or damage to the public image, reputation, or goodwill of Superior. You are also responsible for obtaining all third party rights for your submitted materials and for representing this in your submission. Superior is not responsible or liable for any plagiarised elements of materials submitted to us by you or resulting from our responses or your further changes to your material.
Superior and our editors do not and will not claim intellectual property rights on any document or other work submitted to us by you, nor will we be responsible for maintaining archival copies of your submitted materials or our responses while or after our services have been carried out.
The Terms constitute the entire agreement between each user and Superior and govern each user’s use of Website, superseding any prior agreements. The Terms and the relationship between each user and Superior shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. This Website is controlled and operated by Superior from its offices within the State of Minnesota, United States of America. Superior makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Superior and any user.
To the fullest extent permitted by law, Superior excludes and disclaims any warranty or claim representing our services or site concerning its content; we do not warrant the completeness, freedom from inaccuracy, usefulness, timeliness, adequacy, reliability, or freedom from objectionable material of our content. By using our services and agreeing to our Terms, you hereby understand and agree that all use of our services or obtaining of materials from us is at your own discretion and risk, and acknowledge that you will not hold Superior or any of its employees, shareholders, representatives, or directors responsible for any content or services, and that you will hold Superior and these aforementioned parties as harmless against any and all claims concerning any opinion or expression of our service’s users, including you. You also acknowledge that Superior is not responsible for any intercept of your materials or our own by any third party, unless specified otherwise on our site.
Superior makes no guarantees or warranties, written or oral, express or implied, to you concerning our services or site unless otherwise specified in the Terms. Should either party (Superior or you, the client) identify and demand performance of any specific provision of these Terms or any contract, or should either party fail to enforce these rights or demand remedy, it shall not constitute a waiver of their rights or the obligations contained in the Terms or contracts. No waiver of any legal right or right contained in the Terms or contracts in the interaction between the parties shall be enforceable unless written consent is obtained from both parties, and no alteration or supplementation is admissible for these Terms or contracts without written consent by the proper authorities within Superior.