1. Changes to Terms of Service Are Binding; Other Policies
We may change these Terms of Service from time to time without advance notice.
Your use of the Site or Service after any changes have been made will constitute your agreement
to the modified Terms of Service and all of the changes.
Accordingly, you should read the Terms of Service from time to time for any changes.
We will provide a link to the current Terms of Service on the Site,
and will show the date on which the Terms of Service were last updated.
In addition to reviewing this Agreement,
By using the Site or Service, you also accept those policies.
2. Use of Site and Service
You agree to use the Site and the Service
only in ways that comply with all applicable laws as well as these Terms of Service.
You agree not to misuse the Service. For example,
do not interfere with our Service or try to access the Service using a method other than the interfaces
we provide. We may suspend our Service to you if you do not comply with our terms or policies or if
we are investigating suspected misconduct.
3. Links to Third-Party Sites
The Site and Service provide links to third-party websites (“Third Party Sites”).
We do not control and have not reviewed all material made available through Third-Party Sites linked from the Site.
We do not endorse, are not affiliated with, and are not responsible for the availability of Third-Party Sites.
You agree that use of Third Party Sites is at your own risk and that we have no responsibility or liability,
directly or indirectly, for any content accessed at or any damage or losses you incur in connection with any Third-Party Site.
We encourage you to be aware of the terms and conditions and privacy policies of any Third-Party Sites that you visit.
4. Metadata from Third-Party Sites
The Service uses metadata from third-party websites ("Third Party Sites").
That metadata is the sole responsibility of the Third Party Sites that make it available.
We do not review any metadata to determine its accuracy.
5. Rules of Usage
Use of the Service is subject to the following restrictions and obligations:
You may not impersonate,
imitate, or pretend to be someone else when using the Service.
You agree not to access links or content that you are not authorized to access.
You may not attempt to probe, scan or test the vulnerability of a system or
network to breach security or authentication measures without authorization.
You may not disrupt, overwhelm, attack, modify, reverse engineer,
or interfere with the Service or associated software or hardware in any way.
You agree not to attempt to gain unauthorized access to our servers by any means – including, without limitation,
by using administrator passwords or by posing as an administrator while using the Service or otherwise.
- You are solely responsible for installing any anti-virus software or related
protections against viruses, Trojan horses worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation.
6. Intellectual Property
The Site and much of the text, images,
and other content of the Site are protected by copyright, trademark and other laws.
We or others own the copyright and other rights in the Site, the Site content and the Service.
All rights in the Site, the Site content and the Service that are not expressly granted are reserved.
Any use or registration of trademarks,
service marks or logos used on the Site in connection with any
product or service in any way that is likely to cause confusion among customers or that disparages
or discredits the mark owner is prohibited.
You agree to indemnify and hold harmless us, our affiliates, governing board members,
officers, employees, agents and representatives, and any party with whom we may contract to provide the Service,
from and against any claims, liabilities, losses, damages, costs and expenses,
including but not limited to reasonable attorneys' fees and court costs,
arising out of or in any way connected to your use of the Site or Service,
including but not limited to any allegation or claim that, if true,
reflects your violation of these Terms of Service or the infringement or violation by you
of any intellectual property or other right of any person or entity.
8. Termination of Service
We reserve the right at any time to modify, suspend or discontinue the Site or Service,
in whole or in part, without notice, and shall have no liability for doing so.
9. Disclaimer of Warranties; Limitations of Liability and Remedies
WE RESERVE THE RIGHT TO TERMINATE ALL OR PART OF THE SERVICE AT ANY TIME.
YOU ACKNOWLEDGE THAT LINKS PROVIDED BY THE SERVICE MAY FAIL TO WORK.
- THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE)
REGARDING THE SITE, THE SERVICE OR ANY SITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY,
QUALITY OR SECURITY OF THE SITE, THE SERVICE OR ANY SITE CONTENT.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION,
OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
WE MAKE THE SITE AND THE SERVICE AVAILABLE FREE OF CHARGE.
YOUR USE OF THE SITE, THE SERVICE AND THE SITE CONTENT IS AT YOUR OWN SOLE RISK.
IN NO EVENT SHALL WE BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE,
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SITE,
THE SERVICE OR ANY SITE CONTENT, OR YOUR USE THEREOF, OR THESE TERMS OF SERVICE, EVEN IF THE SITE,
THE SERVICE OR ANY SITE CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT,
AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WE BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE,
IN CONNECTION WITH THE SITE,
THE SERVICE OR ANY SITE CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT.
THE FOREGOING LIMITATIONS ARE EACH INTENDED TO BE INDEPENDENTLY ENFORCEABLE,
REGARDLESS WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE,
AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Governing Law and Jurisdiction; Access from Outside New Mexico
The Site is controlled and operated from our facilities in and around Los Alamos, New Mexico.
These Terms of Service, and any claim or dispute that arises from or relates to your use of the Site,
the Service or any Site content, will be governed by the laws of Delaware, U.S.A.,
without regard to its conflicts of laws principles that would require or permit the
law of another jurisdiction to apply.
You agree that all such claims and disputes will be heard and resolved exclusively
in courts sitting in the First Judicial District Court in Los Alamos, New Mexico, U.S.A..
You consent to the personal jurisdiction of such courts over you for this purpose,
and waive and agree not to assert any objection to such proceedings in such courts
(including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
If you choose to access the Site or Service from locations other than New Mexico,
you will be responsible for compliance with all local laws of those other locations.
11. General; Entire Agreement
or unenforceable, that provision, to the extent unenforceable, shall be struck,
and shall not affect the validity or enforceability of the remaining provisions.
Your rights under these Terms of Service are personal,
non-exclusive and non-transferable.
Headings are for reference purposes only and in
no way define or limit the scope or extent of any provision of these Terms of Service.
Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar breaches.
Nothing in these Terms of Service shall be deemed to
confer any third-party rights or benefits.
and agreement between you and us with respect to the subject matter hereof,
and supersede and replace any prior or contemporaneous understandings or agreements,
whether written or oral, regarding the subject matter hereof.
For More Information
If you have any questions or comments regarding the Site or Service,
please contact the Research Library (Memento Time Travel),
Los Alamos National Laboratory, at email mementotimetravel at googlegroups dot com