RESEARCH STIR TERMS OF USE AGREEMENT

 

Read This Terms of Use Agreement Before Accessing Research Stir Website.

Effective Date:  This Terms of Use Agreement was last updated on July 7, 2012.

 

1. ACCEPTANCE OF TERMS

This Terms of Use Agreement (“Agreement”) sets forth the standards of use of the Research Stir Online Service (referred to hereafter as "the Service”). By using the Research Stir website (researchstir.com) and any other digital services or properties operated or used by Research Stir including without limitation, mobile applications, biological research materials information, Research Stir profiles on social media sites (collectively “Sites”) and other Research Stir properties, you (the “User”) agree to these terms and conditions. If you are using the Service on behalf of a company, university, institute, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you have the necessary authority and/or permissions, if any, required for you to enter into this Agreement. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at Research Stir website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.  Except as provided in this paragraph, this Agreement may not be amended.

 

2. DESCRIPTION OF THE SERVICE

a) The Service Offer

Research Stir is providing User with a collection of online resources, including offers made by provider scientists or institutions (collectively "Providers") represented on Research Stir website in the form of listings of proprietary biological research materials and other research related materials or services (collectively "Materials and Services") available to you (the "Recipient") upon request, other research postings, forums,  advertisements, and various services.  User must provide (1) all equipment necessary for their own Internet connection, including computer, and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.

b) Sharing of Materials and Services

Research Stir is an internet service which allows legitimate users to offer Materials and Services, to request search for the availability of Materials and Services, and to acquire Materials and Services from Providers through our service.  Research Stir is not a seller nor an auctioneer of Materials and Services. Research Stir does not take part in the actual agreements between Providers and Recipients of Materials and Services available through Research Stir Sites. In effect, Research Stir cannot control and validate the quality, value, or legality of the Provider offered Materials and Services listed on Research Stir Sites. Research Stir also has no ability to verify the accuracy or truthfulness of the Provider offers of Materials and Services, the ability of the providers to achieve or deliver proposed goals. Research Stir cannot provide any guarantee that a Provider or Recipient will complete a contract.  Research Stir frequently cannot confirm involved User’s purported identity. Subsequently, Research Stir strongly recommends caution when signing agreements or conducting other dealings with an unknown individual or entity.

c) Listing Description

All Providers must be legally able to provide the Materials and Services offered through the Research Stir Sites. A detailed and accurate description of the offered Materials and Services, including all regulatory requirements (e.g. human subject institutional IRB approval, animal work and hazardous compounds requirements - check below for details), should be included in the submitted listing.  Listings may include text descriptions, graphics, pictures, and other content relevant to the offered Materials and Services.  All submitted listings must be assigned to an appropriate category.  If no category or wrong category is selected, Research Stir will categorize each Materials and Services listing as it deems appropriate.

d) Prohibited and Restricted Items

Users are ultimately responsible to make certain that acquiring or offering an item or service is legal according to the law.  Many materials used in biomedical research are regulated by federal and local governments. Federal and local governments regulated materials and hazardous or dangerous goods (including regulated biological materials) may pose a danger to health, safety or property while being transported.  Such materials are subject to Department of Transportation (DOT) or International Air Transport Association (IATA) shipping regulations.  Many of such goods cannot be shipped through the mail or commercial carrier at all and such items are not permitted on Research Stir.

Many biological materials sent to and from research facilities are not regulated by DOT and require no special labeling or packaging.  Examples include cells, reagents, enzymes, DNA, RNA, proteins, and antibodies that are not designated as being infectious.  Such items are permitted on Research Stir.  Some hazardous materials may legally be transported under certain conditions if they are properly packaged and labeled.  Such items are also permitted on Research Stir.  In such cases Research Stir requires that the listing contains a clear notice of the hazardous nature of the material, and a description of the planned method of shipping that complies with the law.  U.S. Postal Service Publication 52 gives details on particular hazardous substances and transportation requirements in the US and internationally, you should also enquire DOT Help Desk 1-800-467-4922 for necessary information. User is responsible to check and to comply with the specific requirements for shipping of such materials by the USPS and other carriers.  Anyone shipping hazardous materials is required to receive DOT/IATA training.

Research Stir (its officers, members, employees, agents and subsidiaries) shall not be liable under no circumstances in any way for any loss or damage of any kind incurred as a result of User non compliance with federal and local law and with carrier shipping requirements concerning regulated and hazardous materials.

e) Content

All files, postings, messages, text, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person or entity from whom such Content originated.  You as a User take full responsibility for all Content that you submit, E-mail or otherwise make available via the Service.  Research Stir does not control, and is not responsible for the User generated Content made available through the Service.  Using the Service, you may be exposed to Content that is inaccurate, misleading, deceptive, offensive or otherwise objectionable. Research Stir shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the this Terms of Use Agreement or for any other reason.  Research Stir (its officers, members, employees, agents and subsidiaries) shall not be liable under no circumstances in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

f) Submitted Content Right of Use

Submitting any Content material to Research Stir, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.  Unless we indicate otherwise, you grant Research Stir and our sub licensees the right to use the name that you submit in connection with such Content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate; that use of the Content you supply does not violate this Terms of Use Agreement and will not cause injury to any person or entity; and that you will indemnify Research Stir (its officers, members, employees, agents and subsidiaries) for all claims resulting from Content you supply.

g)  Third Party Content, Sites, and Services

The Research Stir website may include links to other sites on the Internet that are owned and operated by online services, merchants and other third parties which are entirely independent of Research Stir, including web sites, directories, servers, networks, systems, information  and databases, applications, software, programs, products or services, and other features.  You acknowledge that Research Stir shall not be responsible for the availability of, or the content located on or through, any third-party site.  User interactions with individuals or entities found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such individuals or entities.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Research Stir shall not be responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

h) Release

Research Stir provides only the Service which connects Providers and Recipients of Materials and Services. Research Stir also helps to initialize the Material Transfer Agreements, without being an involved party in the Agreements or their signing, and Research Stir also initializes reimbursement proceedings for Provider Material and Services costs by Recipient Users without being involved party in the transaction. Research Stir is not involved in the actual agreement and transaction processes between the Providers and Recipients and between collaborating parties. In the event that a dispute erupts between Users, Research Stir is under no obligation to become involved. In the event that you have a dispute with one or more Users, Research Stir (its officers, members, employees, agents and subsidiaries) shall be released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes and/or the Service.

i) Requesting Materials and Services

To request Materials and Services you must acknowledge Research Stir Terms of Service Request prior to submitting your request. The Terms of Service Request will be made available to you when you start to submit your request, and can also be downloaded from the link HERE. You will be required to pay Research Stir fees (this is independent from reimbursing the costs of requested Materials and Services, which you will be required to pay directly to Providers). Your request of Materials and Services will prompt Research Stir to request the Provider Institution to initialize the Materials Transfer Agreement (MTA) proceedings, and to send the MTA forms to you and your Institution Technology Transfer Office (or equivalent). The MTA needs to be acknowledged and signed by you and your institution Technology Transfer Office (or equivalent), as a prerequisite to provide you with the requested Materials and Services. Research Stir is not an involved party in the Agreement, and as such Research Stir (its officers, members, employees, agents and subsidiaries) shall be released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with MTA dealings between Providers and Recipients. Additionally, in response to your request of Materials and Services Research Stir will request the Provider Institution to send to your Institution an invoice (or use other preferred payment request option) for reimbursement of the Materials and Services costs by you. Research Stir is not an involved party in the transaction of Materials and Services costs reimbursement between the Providers and Recipients. In the event that a dispute over the Materials and Services costs reimbursement erupts between Users, Research Stir is under no obligation to become involved. In the event that you have a dispute concerning the Materials and Services costs reimbursement with one or more Users, Research Stir (its officers, members, employees, agents and subsidiaries) shall be released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes and/or the Service. We reserve the right to refuse service, terminate offer listings, remove or edit content, or cancel requests in our sole discretion.

j) Pricing

Research Stir offers many services free of charge. These services include but are not limited to publishing, browsing, searching and accessing: the Materials and Services listings, searching and accessing our free listings of institutions and organizations funding biomedical research, listings of biological research material repositories and other independent from our service open biomedical research resources and support services available. Research Stir charge fees for using other services, such as requesting the Materials and Services from our listings (what does not include the reimbursement of Materials and Services costs, which are to be paid directly to Providers) and for requests of Materials and Services availability searches (what also does not include the reimbursement of Materials and Services costs, which are to be paid directly to Providers). A schedule of our services and fees may be found at Research Stir Pricing page. We reserve the right to modify our fee schedule at any time without advance notice. All fees for Research Stir services are quoted in U. S. Dollars. Users are responsible for paying all fees and any applicable taxes incurred while using Research Stir services.

k) Listing Cancellation and Refunds

Requests for listing withdrawal are only acceptable if received from the E-mail address of listing submission or from institutional Office of Technology Transfer (or equivalent). The cancellation requests are completed  and listings are removed from Research Stir web pages usually within 48 hours from cancellation request submission.

All transactions concerning request for Research Stir Services are final and no refunds will be provided. This does not concern the transactions of Materials and Services costs reimbursement, which are independent from Research Stir and Research Stir cannot decide on these transactions. We encourage all Users to communicate with their involved parties concerning rules of eventual refunds of the Materials and Services costs reimbursement before committing into any transaction.

l) Fair Access

User can make up to three E-mail inquiries per day or ten E-mail inquiries per any seven day period. In order to keep prices low Research Stir has limited resources for processing E-mail inquiries.

 

3. ELIGIBILITY

Research Stir services are generally directed to scientific research professionals and related individuals and entities.  The core of Research Stir services is arranged around life sciences including medical research, however customers from other science disciplines are welcome to use our services if needed. Research Stir does not offer services to minors or to Users whose rights to use Research Stir services have been terminated for any reason, including, without limitation, if Research Stir believes that User has acted inconsistently with the Terms of this Agreement.  Further, you agree that Research Stir shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Research Stir may refuse services to individuals or entities which, at the sole discretion of Research Stir, have been determined to pose harm or detriment to the Research Stir Sites.

 

4. ELECTRONIC COMMUNICATIONS

Users visiting Research Stir website or sending E-mails to Research Stir, are communicating with Research Stir electronically.  All Users consent to receive communications from Research Stir electronically.  Research Stir will communicate with Users by E-mail or by posting notices on this Service.  Users agree that all agreements, notices, disclosures and other communications that Research Stir provides to Users electronically shall satisfy any legal requirement that such communications be in writing.

 

5. DISCLAIMER OF WARRANTIES

The site is provided by Research Stir on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Research Stir makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  To the fullest extent permitted by law, Research Stir disclaims any warranties for other services or goods received through or advertised on the Research Stir site or the Sites or Service, or accessed through any links on the Research Stir Sites.  To the fullest extent permitted by law, Research Stir disclaims any warranties for viruses or other harmful components in connection with the Research Stir Sites or the Service.  Research Stir shall have no liability for any interruptions in the use of this Website.  Research Stir disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

6. LIMITATION OF LIABILITY

RESEARCH STIR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RESEARCH STIR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, RESULTING FROM ANY ASPECT OF YOUR USE OF THE RESEARCH STIR SITES OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE RESEARCH STIR SITES OR THE SERVICE, FROM INABILITY TO USE THE RESEARCH STIR SITES OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE RESEARCH STIR SITES OR THE SERVICE, OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RESEARCH STIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

7. INDEMNIFICATION

User agrees to indemnify and hold Research Stir (its officers, members, employees, agents, subsidiaries and affiliates) harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other User of the Service engaging User’s computer, of any intellectual property or any other right of any person or entity.

 

8. NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

9. MODIFICATIONS AND INTERRUPTION TO SERVICE

Research Stir reserves the right to modify or discontinue the Service with or without notice to the User.  Research Stir shall not be liable to User or any third party should Research Stir exercise its right to modify or discontinue the Service.  User acknowledges and accepts that Research Stir does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

10. DISCLAIMER REGARDING ACCURACY OF PROVIDER INFORMATION

Materials and Services specifications and other information have either been given by the Providers or collected from publicly available sources.  While Research Stir makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Research Stir makes no warranties or representations whatsoever with regard to any Materials and Services offered by any Provider or User, and you acknowledge that any reliance on representations and warranties provided by any Provider or User shall be at your own risk.

 

11. GOVERNING JURISDICTION OF THE COURTS OF WASHINGTON STATE

Our website is operated and provided in the State of Washington.  As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington. 

 

12. COMPLIANCE WITH LAWS

User assumes all knowledge of applicable law and is responsible for compliance with any such laws.  User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

13. COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on this site, including site design, interfaces, all files, postings, messages, text, images, photos, video, sounds, or other material, and the selection and arrangements thereof is ©2012 Research Stir, with all rights reserved, or is the property of Research Stir and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Research Stir is strictly prohibited.  Users agree that they will not employ any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Research Stir.

Research Stir™ and researchstir.com™ are proprietary marks of Research Stir.  Research Stir’s trademarks may not be used in connection with any product or service that is not provided by Research Stir, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Research Stir.

All other trademarks displayed on Research Stir’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or Users.  In addition, such use of trademarks or links to the web sites of Vendors or Users  is not intended to imply, directly or indirectly, that those Vendors or Users endorse or have any affiliation with Research Stir.

 

14. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, researchstir.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

Copyright Agent
Research Stir

By Email: copyrights[at]researchstir[dot]com

 

15. BOTNETS

Research Stir retains the right, at our sole discretion, to terminate access to the Service for any User involved with botnets (robots, spiders, other communication devices or manual process to monitor or copy Research Stir web pages or the Content contained herein) and related activities, without prior expressed written permission from Research Stir.  If any hostnames are used as command and control points for botnets, Research Stir reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

16. OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Research Stir, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.  User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.