THE SITE AND/OR CREATING AN ACCOUNT.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE FOLLOWING
TERMS AND AN INDICATION OF YOUR UNDERSTANDING OF THEM.
IF YOU DO NOT AGREE TO THESE TERMS, USE OF THIS SITE IS PROHIBITED.
Last Updated on August 4th, 2017
Welcome to www.scilancer.com a web site owned and managed by Scilancer, LLC,
a Texas limited liability Company ("Scilancer").
Scilancer provides and operates the www.silancer.com web site, and its associated
websites, applications, API, software, plug-ins, links, and other related elements
(collectively, the "Site"), which provides information regarding Scilancer and its
platform which connects service providers with persons and businesses in need
of project-based contract labor and related products and services (collectively,
These Terms describe our policies and practices while you are using the Site.
You may review information via this Site without registering for an account,
which would be governed by these Terms and the
Terms of Service
between you and Scilancer.
By using this Site and/or Services, you understand and agree to all terms and
conditions of these Terms. At any time and without notice, Scilancer may change
or discontinue any aspect or feature of the Site, and the revised Terms will
be posted on the Site. You may visit our webpage to learn of our revised Terms.
All such changes will be binding on you after they are initially posted on the Site.
2. Intended Use
This Site is intended for your benefit, to educate you about the Services
and to provide information and materials related to posting and bidding
on service projects via the Site.
You understand that Scilancer does not accept any liability whatsoever
for any harm that might result from any statements presented on the Site,
including third-party advertisements or links accessible via the Site.
You understand that any statements and materials posted on the Site
by Scilancer, its employees, contractors, agents, and affiliates are
provided for informational purposes only. Nothing in the Site should
be regarded as medical, business, tax, legal or professional advice of any kind.
3. Restrictions on Use
You must be at least 18 years of age to use the Site. You agree to be solely
responsible for (i) maintaining such controls over the use and/or access
to the Site by minors in your family or (ii) having access to your computer
or login limited to the extent necessary to restrict use to adults. Use of portions
of the Site that require an account and you to log in are intended for and
restricted to authorized persons only, and you will not share your login
information with anyone.
The viewing, printing, or downloading of any content, graphic, form, or document
from the Site grants you only a limited, nonexclusive license for use solely
by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works, or other use.
No part of any informational material, form, or document may be reproduced
in any way or incorporated into any information retrieval system, electronic
or mechanical, other than for your own personal use (but not for resale or
By using the Site, you represent and warrant that you are using the Site
solely for personal reasons and that you are not an attorney or an agent
of an attorney conducting an investigation to a potential claim related
to the Site, any materials available through the Site, or Scilancer.
You also represent and warrant that you are not engaging in activities
in an attempt to circumvent, or make any efforts thereto, any encryption,
password protection, or security features placed within the Site or any
subpart thereof, or reverse engineer any part of the Site, portions
of the Site, or any materials available through the Site. You also represent
and warrant that any information you provide us is true and accurate.
how information is collected on and from the Site and used by Scilancer.
Generally speaking, Scilancer may gather and share user information with
its affiliates about users as needed in connection with the Services and/or
otherwise for Scilancer’s business purposes. Such information may be aggregate
or individual. The manner in which we collect and use personally identifying
Such information may also be used by Scilancer to enforce these Terms.
You agree that all information submitted by you is accurate and complete.
You further agree that you will not access the portions of the Site requiring
a login unless you are authorized to do so. Scilancer may restrict or terminate
access to the Site if it has reason to believe you have provided false or
5. Use of Information and Materials
Unauthorized use of our Site and systems including but not limited to unauthorized
entry into our system, misuse of passwords, or misuse of any information posted
on the Site, is strictly prohibited.
6. Access to Services
Not all products and Services are available in all geographic areas. Your
eligibility for particular products and Services is subject to final
determination by Scilancer.
7. Third Party Links and Materials
Links. The Site may contain links to other sites. However, please
be aware that Scilancer is not responsible for and cannot control the terms
of use and conditions of such other sites. We encourage you to be aware
These Terms apply solely to this Site. We are not responsible for the content,
accuracy, or opinions expressed in such Web sites. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the linked Web site
by us, nor of any products or services provided by third parties.
Third Party Materials. Information posted by authors whose works
appear on the Site are their own opinion, and not necessarily that of Scilancer.
Scilancer is not liable for the content of any such author materials appearing
on the Site.
Users Linking To and From This Site. Anyone linking to the Site must
comply with all applicable laws. A site that links to Scilancer's Site:
Scilancer does not control and is not responsible for the content of any
third-party (non-Scilancer) sites linked to this Site and is not responsible
for any changes or updates to such third-party sites. Scilancer is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Scilancer of the Site.
may link to, but not replicate, content on this Site;
may not create a browser or border environment around content on this Site;
may not imply that Scilancer is endorsing it or its products;
may not use Scilancer's trademarks without express written permission;
may not misrepresent its relationship with Scilancer;
may not present false information about Scilancer's products or services; and
may not contain Content that could be construed as distasteful, offensive
or controversial, and must contain only Content that is appropriate
for all age groups.
8. Intellectual Property
Trademarks. "Scilancer", scilancer.com, the "Scilancer" logo,
and all page headers, custom graphics, and button icons are service
marks, trademarks, and/or trade dress appearing on or associated with
the Site are the sole property of Scilancer or its licensors. All
rights are reserved. All other trademarks appearing on the site are
the property of their respective owners.
Copyrights. The Site contains copyrighted materials and other
proprietary information, including, without limitation, downloadable files,
text, software, photos, videos, graphics, music, and sound. The contents
of the Site are protected under the United States copyright laws. You may
not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole
or in part. No copyright, redistribution, retransmission, publication, or
commercial exploitation of downloadable material will be permitted without
the express written permission of Scilancer and the copyright owner.
Scilancer's Rights in Materials Submitted to Scilancer Site.
Unless otherwise agreed by Scilancer in writing, any material you transmit
or otherwise make available to this Site shall conform to these Terms and
is not confidential or proprietary. By submitting materials to this Site
you represent that you own or have unencumbered, transferable rights and
permissions, including, without limitation, the right of publicity and
rights to disclose personally identifiable information, and you automatically
grant Scilancer and its affiliates, a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive right and license to make, sell, use, reproduce,
publish, create derivative works of, perform, display, distribute, import
and transmit such material and products incorporating such material (in whole
or in part) in any form, media or technology, now known or later developed
for the full term of any intellectual property rights that may exist in such
material for any purpose whatsoever, and to publish the owner's name in connection
therewith, or to use the materials for any lawful purpose whatsoever, including,
without limitation, the right to sub-license the materials to third parties
for their lawful uses and purposes. If your materials contain photographs
or digital or video images that depict a child that is under the age of majority
in their state of residence, you represent that you have written permission
from the child's parent or guardian to provide the photo, digital, or video
image. You warrant that you have the rights necessary to grant the licenses
described in these Terms. Subject to existing laws, you waive any moral rights
that you or your licensors may have in any materials.
9. Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to this Site's designated
agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. Scilancer respects the intellectual property of others,
and we ask our visitors to do the same. Scilancer will process and investigate
notices of alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
Upon receipt of notices complying with the DMCA, Scilancer will act to remove or
disable access to any material found to be infringing or found to be the subject
of infringing activity and will act to remove or disable access to any reference
or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright
infringement, please provide Scilancer the following information. Please be
advised that to be effective, notification must include ALL of the following:
A physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive copyright that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description and, if possible, the IP address of where the material that
you claim is infringing is on the Site;
Your address, telephone number and e-mail address and all other information
reasonably sufficient to permit Scilancer to contact you;
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Limitations of Warranties and Remedies. To the full extent allowed
by law, Scilancer disclaims all warranties, terms, or conditions, express
or implied, either in fact or by operation of law, statutory or otherwise,
including warranties, terms, or conditions of merchantability, and fitness
for a particular purpose. Scilancer neither assumes nor authorizes any other
person to assume for it any other liability in connection with the sale and
use of the Services and the Site. In no event will Scilancer be liable for
any incidental, consequential, punitive or special damages, including, without
limitation, lost profits or revenues, even if Scilancer has, or should have had,
any knowledge, actual or constructive, of the possibility of such damages.
Indemnification. You agree to defend, indemnify, and hold harmless
Scilancer and its officers and employees (the "Scilancer Parties") against
any and all third-party claims, suits, costs, losses, liabilities, and
expenses of any kind (including reasonable attorneys’ fees) that the Scilancer
may incur arising out of or resulting from your use of the Site and/or any
of the products or Services of Scilancer.
Choice of Law and Venue. These Terms will be construed and governed
in accordance with the laws of the state of Texas without application
of choice-of-law provisions that would require application of the laws
of another jurisdiction. You hereby irrevocably submit to the exclusive
venue and personal jurisdiction of the state and federal courts in Dallas
County, Texas with regard to any dispute relating to these Terms or its
enforcement. You also hereby waive any challenge to venue and personal
jurisdiction you may have to a lawsuit filed in a state or federal court
in Dallas County, Texas, relating to a dispute between the parties and/or
relating to these Terms or its enforcement.
Severability. If any provision of these Terms is found to be invalid,
illegal, or unenforceable, the validity, legality, and enforceability of any
of the remaining provisions will not in any way be affected or impaired and
a valid, legal, and enforceable provision of similar intent and economic impact
will be substituted therefore.
Additional Provisions Regarding Liability. You and Scilancer agree
that the limitations of liability provided in these Terms will not be read
so as to limit any liability to an extent that would not be permitted under
applicable law and specifically will not limit any liability for gross negligence,
intentional tortious or unlawful conduct, or damages for strict liability that
may not be limited by law.
Notice and Consent to Electronic Communications. You consent to receive
communications from us electronically. We will communicate with you by e-mail
or by posting notices on our Site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be signed in writing.
Notices. Any notices or communications sent by you to Scilancer
pursuant to these Terms must be in writing and sent to the address specified
herein or such other address as Scilancer may specify in writing. All notices
must be sent to:
Release. ALL USERS OF OUR SITE ACKNOWLEDGE AND AGREE THAT SCILANCER
AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY
AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE,
INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY
DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE
PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION,
RIGHT OF PUBLICITY AND INVASION OF PRIVACY. SCILANCER RESERVES ITS RIGHT
TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL
ACTIVITY CONNECTED TO THE USE OF OUR SITE.
Termination. Scilancer may terminate these Terms at any time and
may do so immediately without notice and, accordingly refuse or terminate
your access to the Site, if, in Scilancer's sole discretion, you fail
to comply with any term or condition of the Terms.
Representations and Warranties. By using the Site, you represent
and warrant that you are not engaging in activities in an attempt to circumvent,
or make any efforts thereto, any encryption, password protection, or security
features placed within the Site or any subpart thereof, or reverse engineer
any part of the Site, portions of the Site, or any materials available through
the Site. You also represent and warrant that any information you provide us
is true and accurate.
Disclaimer of Warranties. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED
"AS IS" AND “WITH ALL FAULTS”. SCILANCER MAKES NO WARRANTY OR REPRESENTATION,
EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY,
APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS
AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND SCILANCER MAKES
NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE
IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO SCILANCER
EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY.
TO THE EXTENT ALLOWABLE BY EXISTING LAW: SCILANCER DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXLCUSIONS
MAY NOT APPLY TO YOU.