LAST UPDATED: August 6, 2013
YOU AND RESEARCH SQUARE LLC, D/B/A RUBRIQ AND JOURNALGUIDE (“RUBRIQ”, "JOURNALGUIDE", "WE", “US”, AND “OUR") AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITES LOCATED AT WWW.RUBRIQ.COM AND WWW.JOURNALGUIDE.COM (THE “WEB SITES”, THE "WEB SITE") AND THE REVIEW SERVICES OFFERED VIA THE WEB SITES (THE “SERVICES”) IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND RESEARCH SQUARE (THE "AGREEMENT"). WE ARE WILLING TO ALLOW YOU ACCESS TO THE WEB SITES AND PROVIDE THE SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING THE CHECKBOX ON THE ACCOUNT SIGN UP/REGISTRATION FORM NEXT TO THE STATEMENT THAT READS "I have read and agree to the terms of service." IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT WITH OUR SITES.
Rubriq and its employees make no claims on any work submitted to us for review. Any documents, content, material, works or other intellectual property submitted by you (collectively, “Documents”), will remain your intellectual property. Rubriq reviewers have signed a confidentiality agreement to waive their claim to any intellectual property and Documents submitted though the Service. You represent and warrant that: (i) you have obtained all necessary third party rights, including, without limitation, copyrights, for any Documents or portions thereof that belong to third parties, which are necessary for Rubriq to provide Services in connection with the Documents: (ii) the Documents will not contain, any infringing, illegal, sexually explicit, threatening, abusive, harassing, defamatory, or otherwise objectionable material, including, without limitation, any material that could give rise to any liability to Rubriq or which might adversely affect Rubriq’s public image, reputation or goodwill; and (iii) the Documents do not include any infringing, misappropriated or plagiarized content that you do not have the rights to use. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content that is part of the Documents. You will be responsible for making back-up and archival copies of your Documents. In no event will Rubriq be responsible to you or any other person for any loss, corruption or alteration of Documents.
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You acknowledge that Research Square owns all right, title and interest in and to the Web Sites and the Services (the "Research Square Intellectual Property"), and such Research Square Intellectual Property is protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from any of our Web Sites.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
Research Square is not responsible for the conduct, whether online or offline, of any user of the Web Sites. The Web Sites and the Services may be temporarily unavailable from time to time for various reasons. Research Square assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Sites. Research Square is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials or Documents in connection with the Web Sites or the Services. THE WEB SITES AND THE SERVICES AND REPORTS ARE PROVIDED "AS-IS" AND RESEARCH SQUARE AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RESEARCH SQUARE AND ITS LICENSORS CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITES, SERVICES OR REPORTS.
Without limiting the generality of the foregoing, you acknowledge and agree that Research Square and its licensors do not guarantee the quality, accuracy or results of the Services or Reports. No refunds shall be provided except as set expressly agreed to by Rubriq, JournalGuide, or Research Square.
IN NO EVENT WILL RESEARCH SQUARE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES, SERVICES OR REPORTS, EVEN IF RESEARCH SQUARE OR ITS LICENSORS ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, RESEARCH SQUARE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES AND/OR REPORTS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF RESEARCH SQUARE AND ITS LICENSORS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO RESEARCH SQUARE FOR THE SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the case of overpayment, we will provide a credit to your account which is not redeemable for cash. The credit can be used to submit future manuscripts and obtain any additional future Services.
Please be advised that if we receive any claim or threat of a claim, which is related to your use of the Services, we may put a “hold” on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your account. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
In relation to its Services, Rubriq will treat all Documents you provide to us in confidence and will disclose the Documents only to our employees and agents that are providing the Services. Your Documents will not be provided to any other third party and will not be used for any purpose other than to provide Services to you. Rubriq has a policy of providing access to the Scorecards that are created through a unique verification code. You maintain responsibility and control of this verification code and therefore access to your scorecards.
This Agreement sets forth the entire agreement between you and Research Square pertaining to your use of the Web Sites, Services and Reports. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). Your continued use of the Services, Reports or the Web Sites after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services, Reports or the Web Sites. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.