Terms of Service

 

1.        ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered at this web site ("Site"), owned by SIAM ("Owner") and operated by eJournalPress.com, a division of Precision Computer Works, Inc. ("Operator"), is provided to you or your organization ("User") under the terms and conditions of this Terms of Service ("TOS"), and any operating rules or policies that may be published at the Site. The Owner and Operator shall collectively be referred to as "Provider". The TOS comprises the entire agreement between User and Provider and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY REGISTERING ON THIS SITE, UPLOADING MANUSCRIPT INFORMATION TO THIS SITE, PROVIDING OTHER INFORMATION VIA THIS SITE, OR USING OTHER FEATURES OR SERVICES PROVIDED BY THIS SITE, USER INDICATES THAT USER IS AT LEAST 13 YEARS OF AGE AND THAT USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. USER REPRESENTS THAT USER HAS THE AUTHORITY TO BIND USER'S ORGANIZATION, IF DONE ON BEHALF OF AN ORGANIZATION, TO THIS AGREEMENT.

 

2.        DESCRIPTION OF SERVICE: The Site has been implemented to assist in the online manuscript submission and peer review process.

 

3.        MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Provider may modify or discontinue the Site with or without notice to User. Provider shall not be liable to User or any third party should Provider modify or discontinue the Site. Provider may change the terms and conditions of the TOS from time to time. Upon any substantive change in the terms and conditions of the TOS, Provide will update the TOS displayed by the Site. User acknowledges and accepts the TOS by continuing to use the Site.

 

4.        WARRANTY, LIMITATION AND DISCLAIMER OF DAMAGES AND LIMITATION OF REMEDIES:

4.1.   The Site, the processes implemented via this Site, the web screens and associated functionality, the storage or tracking of uploaded or derived information, the release to third parties of uploaded or derived information, or the availability or non-availability of the Site ("Site Functionality"), is PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PROVIDER (OWNER, OPERATOR, OR RELATED PARTIES) MAKES NO WARRANTY THAT THE SITE WILL MEET USER REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

 

4.2.   USER'S SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR THE SITE FUNCTIONALTY IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE PROVIDER OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE FUNCTIONALITY OR MALFUNCTION OF THE SITE EVEN IF THE PROVIDER OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

4.3.   BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IN SUCH EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

4.3.1.        ALL WARRANTIES REQUIRED BY LAW EXTEND FOR ONLY SUCH PERIOD AS REQUIRED BY LAW OR 30 DAYS FROM YOUR INITIAL ACCEPTANCE OF THESE TERMS OR USE OF THE SITE; AND

4.3.2.        IN NO EVENT SHALL THE PROVIDER OR RELATED PARTIES BE LIABLE TO USER OR ANY THIRD PARTY FOR DAMAGES OF WHATEVER KIND OR NATURE IN EXCESS OF ANY FEES PAID BY USER TO PROVIDER HEREUNDER.

 

4.4.   THE PARTIES INTEND THAT THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION SHALL BE VALID AND ENFORCED EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE.

 

5.        USER CONDUCT: User agrees not to:

5.1.   upload, store, post, e-mail or otherwise transmit, distribute, publish or disseminate any Information that (or the transmission, distribution, publication or dissemination of which):

5.1.1.        is unlawful; harmful; threatening; abusive; harassing; torturous; defamatory; vulgar; obscene; or libelous or promotes such activity;

5.1.2.        infringes any proprietary rights of any party or otherwise violates the legal rights (such as rights of privacy and publicity) of others;

5.1.3.        violates any contractual or fiduciary relationships;

5.1.4.        is any unsolicited or duplicative correspondence, advertising, survey, or promotional materials (commercial or otherwise);

5.1.5.        contains: software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices; or, any other harmful or disruptive program.

5.1.6.        provide inaccurate, incomplete, outdated or misleading registration information; create a false identity or manipulate identifiers to mislead others to disguise the origin of any information stored as apart of your account information; impersonate any person or entity; or, otherwise misrepresent any affiliation with a person or entity;

5.1.7.        interfere with or disrupt any Site Functionality, or servers or networks connected to the Site (or violate the regulations, policies or procedures of such servers or networks); or another User's access to and use of the Site;

5.1.8.        attempt to gain unauthorized access to the Site or Site Functionality, information stored within the site, or other computer systems, servers or networks connected to the Site or any portion thereof; or

5.1.9.        violate (intentionally or unintentionally) any applicable local, state, national or international law or regulation.

 

6.        USER ACCOUNT, PASSWORD, AND SECURITY: Once User registers for the Site, User will receive a password and an account. User is responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User may change User's password at any time by following instructions; User may also set up a new account at User's convenience. User agrees to immediately notify Provider of any unauthorized use of User's account or any other breach of security known to User. Provider reserves the right to revoke some or all of User's access to the Site or Site Functionality at will without cause and without notice.

 

7.        INDEMNIFICATION: User agrees to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Site, the violation of this TOS by User, or the infringement by User (or other user of the Site using User's computer) of any intellectual property or other right of any person or entity.