TERMS AND CONDITIONS

SciFor’s acceptance of your order for your customized scientific poster is subject to our Terms of Service. Please review our Terms of Service before you place your order. By clicking on “Process Order”, you agree to be bound by our Terms of Service, in which you are referred to as “CUSTOMER”.

TERMS OF SERVICE

1. SciFor Services.

SciFor shall prepare a scientific poster for Customer (the “Poster”) that displays the content provided by Customer sent by or on behalf of Customer to SciFor (the “Content”). SciFor shall prepare the Poster according to the specifications including size, color, resolution, layout and any other special requests agreed to by SciFor and Customer during the configuration process and as confirmed in the confirmation e-mail sent by SciFor to Customer (the “Specifications”).

2. Deadlines / Delivery.

SciFor shall ship the Poster to Customer on or before the shipping date stated in the confirmation e-mail sent by SciFor (the “Ship Date”). However, in order for SciFor to meet the Ship Date, it is understood and agreed that: (a) if Customer places his or her order electronically, SciFor must receive Customer’s file, in a format acceptable to SciFor, containing all the Content that Customer wants included in the Poster within 24 hours of Customer placing the order; (b) if Customer places his or her order by written purchase order, SciFor must receive Customer’s file, in a format acceptable to SciFor, containing all the Content that customer wants included in the Poster within 24 hours of SciFor’s receipt of the SciFor’s e-mail confirmation. Also, in either event, Customer must approve the Poster by e-mail to SciFor within 24 hours of Customer’s receipt of SciFor’s PDF file containing the Poster.

3. Price.

In consideration of SciFor’s preparation and delivery of the Poster (the “Services”), Customer shall pay to SciFor the price stated in the confirmation e-mail sent by SciFor plus shipping and NYS taxes (the “Price”).

4. Representations and Warranties / Indemnity.

Customer hereby represents and warrants to SciFor that: (a) Customer is the owner or authorized licensee of all right, title and interest (including all copyrights and other intellectual property rights) in and to the Content; and (b) SciFor’s use of the Content to prepare and deliver the Poster shall not infringe or violate the copyrights, or other intellectual property rights, of any third party. Furthermore, Customer shall indemnify and hold SciFor harmless from and against all loss, liability, damage and expense (including reasonable attorneys' fees) that SciFor may suffer, sustain and/or become subject to as a result of any misrepresentation or breach of Customer’s representation and warranty.

5. SCIFOR DISCLAIMER.

SCIFOR DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE POSTERS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE.

6. LIABILITY LIMITATION.

SCIFOR HAS NOT PRICED ITS SERVICES IN CONSIDERATION OF HAVING OR ASSUMING SUBSTANTIAL LIABILITY TO CUSTOMER ARISING OUT OF SCIFOR’S PERFORMANCE OF ITS SERVICES. CONSEQUENTLY, THE FULL EXTENT OF SCIFOR’S POTENTIAL LIABILITY UNDER THIS AGREEMENT SHALL BE THE REFUND OF THE PRICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCIFOR SHALL NOT BE LIABLE TO SCIFOR FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (WHETHER UNDER TORT, CONTRACT OR ANY OTHER THEORY OF RECOVERY) INCLUDING IF SCIFOR FAILS TO SHIP A POSTER THAT COMPLIES WITH THE SPECIFICATIONS BY THE SHIP DATE.

7. Choice of Law.

This Agreement shall be construed and enforced in accordance with the laws of the State of New York, excluding conflict of law principals. Each party hereby consents to the exclusive jurisdiction and venue of any federal or state court located in the County of Westchester and State of New York with respect to any claim or controversy arising out of or related to this Agreement.

8. Miscellaneous.

This Agreement: (a) shall benefit and bind each party and their successors and assigns; (b) contains the entire understanding and agreement of the parties; and it incorporates or supersedes all other written or verbal agreements and understandings with respect to the subject matter; (c) may be amended or modified only in a writing signed by both parties and referring specifically to the Agreement; and (d) may be executed in counterparts, each of which will be deemed an original but all of which counterparts together will constitute one and the same Agreement. SCIFOR OBJECTS TO THE INCLUSION OF ANY DIFFERENT OR ADDITIONAL TERMS PROPOSED BY CUSTOMER IN THE TERMS OF SERVICE. CONSEQUENTLY, IF DIFFERENT OR ADDITIONAL TERMS ARE INCLUDED IN CUSTOMER’S ACCEPTANCE OR PURCHASE ORDER OR OTHER CUSTOMER DOCUMENT, THE PROVISIONS OF THE TERMS OF SERVICE EXCLUSIVELY SHALL GOVERN UNLESS SCIFOR IN WRITING AGREES TO SUCH DIFFERENT OR ADDITIONAL TERMS.