Wednesday July 23 2014

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on June 3, 2008. This Terms of Use Agreement sets forth the standards of use of Robert Krampf’s Thehappyscientist.Com website for Registered Members. By using the thehappyscientist.com website you (the “Member”) agree to these terms and conditions. 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 thehappyscientist.com 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.

1. Description of Service
Robert Krampf is providing Member with access to the the member level content on thehappyscientist.com. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties
The site is provided by Robert Krampf on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, Robert Krampf
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. Robert Krampf shall have no liability for any interruptions in the use of this Website. Robert Krampf 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.

3. Limitation of Liability
ROBERT KRAMPF SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR ROBERT KRAMPF SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, 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 ROBERT KRAMPF 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.

4. Indemnification
Member agrees to indemnify and hold Robert Krampf, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Robert Krampf of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Robert Krampf.

6. User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Robert Krampf.

By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other thehappyscientist.com users; 2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; 3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; 4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private information from any thehappyscientist.com user; 5. to create or submit unwanted email (“Spam”) to any other thehappyscientist.com users or any URL; 6. to violate any laws in your jurisdiction (including but not limited to copyright laws); 7. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access thehappyscientist.com for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action
that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; Robert Krampf may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@thehappyscientist.com

Memberships are restricted to single users, unless otherwise specified. Distribution or sharing of your account may result in suspension or cancellation.

7. License to Robert Krampf
By posting messages, experiment ideas, product review, blog entries, uploading files, or otherwise providing any material to us for display on thehappyscientist.com, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting Robert Krampf a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

A. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
B. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

8. Modifications and Interruption to Service
Robert Krampf reserves the right to modify or discontinue the Service with or
without notice to the Member. Robert Krampf shall not be liable to Member
or any third party should Robert Krampf exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that Robert Krampf 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.

9. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. 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 we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

10. Disclaimer Regarding Accuracy of Vendor Information
While Robert Krampf 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.

Robert Krampf makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

11. Governing Jurisdiction of the Courts of Florida
Our website is operated and provided in the State of Florida. As such, we are
subject to the laws of the State of Florida, 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 Florida.

12. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member 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, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Robert Krampf, will all rights reserved, or is the property of Robert Krampf 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 Robert Krampf is strictly prohibited. Members agree that they will not use 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 Robert Krampf.

Robert Krampf™ and thehappyscientist.com™ are proprietary
marks of Robert Krampf. Robert Krampf’s trademarks may not be used in connection with any product or service that is not provided by Robert Krampf, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Robert Krampf. All other trademarks displayed on Robert Krampf’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Robert Krampf.

14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Robert Krampf designates the following
individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Robert Krampf
5280 N Johnson Canyon Rd.
Kanab, UT 84741

By Telephone: 435-644-5199

By Email: membersupport@.com

15. 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 Robert Krampf, 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 Member. Member agrees that by accepting this Terms
of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable].

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