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Terms of Use and Privacy Policy

PLEASE REVIEW THESE TERMS OF USE (THE "TERMS") FOR THE SCRIPPS RESEARCH INSTITUTE ("SCRIPPS RESEARCH") www.scripps.edu OFFICIAL WEB SITE (THE "SITE"). BY USING THIS SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE DO NOT USE THIS SITE.

Table of Contents

     Site Content
     Official Scripps Research Web Site
     Third Party Content
     Your Use of the Site
     Use by Scripps Research Employees
     Use of the Kresge Library
     Medical and Other Information
     Linking Information
     User Comments and Submissions
     Copyright
     Trademarks
     State Fundraising Notice
     Disclaimers
     Indemnification
     Termination
     Applicable Law
     Miscellaneous
     Privacy Policy
     Changes to Terms of Use

Site Content

The Site contains official pages in support of the core mission of Scripps Research or related administrative business. It also contains web pages generated by groups or individuals whose expressed views do not necessarily represent the views of Scripps Research.  Scripps Research does not actively monitor or control web content on the Site. However, when Scripps Research receives a notification of an alleged violation of law, we investigate and address violations accordingly.

Unless otherwise expressly noted, you should assume everything you see, hear, or otherwise receive from or on the Site (the "Content") is copyright, trademark, trade dress or other intellectual property owned or licensed by Scripps Research.  Scripps Research shall own or control all right, title and interest in and to the Content, to all derivatives thereof, and to all intellectual property rights related thereto.  The Content includes, without limitation, images, illustrations, designs, artwork, icons, photographs, trademarks, logos, text, sounds, music, the Site as a whole and any other materials at the Site.

The information in this Site is provided as a courtesy by Scripps Research. The views and opinions of individual authors do not necessarily state or reflect those of Scripps Research. References to specific products, processes or services do not constitute or imply recommendation or endorsement by Scripps Research.

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Official Scripps Research Web Site

The official Scripps Research Web site displays the Scripps Research Copyright date at the bottom of the page. Only Sites bearing the Scripps Research Copyright date are Official Scripps Research Web sites. All other sites hosted by Scripps Research servers are not official, including personal web pages of students, faculty, and staff, whether or not they carry a disclaimer. Unofficial sites do not represent Scripps Research in any way. Any Content contained or accessible from unofficial web sites does not reflect the views of Scripps Research and Scripps Research does not endorse, warrant, or otherwise take responsibility for the Contents of unofficial web pages or of any material accessible from unofficial web pages, but does reserve the right to review Content and request changes or remove the unofficial web pages based on Scripps Research policies.

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Third Party Content

Nothing in the Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Site.

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Your Use of the Site

No Content from the Site shall be copied, reproduced, republished, uploaded, posted, transmitted, or distributed, in whole or in part, by or through any form, manner or media, without Scripps Research’s prior written consent, except that you may download one copy of the Content on any single computer for your personal, non-commercial home viewing use only, provided you keep intact all copyright and other proprietary notices. Modification, merger or other use of any of the Content for any other purpose is a violation of Scripps Research's copyright and other proprietary rights and is expressly prohibited. For purposes of these Terms, the use of any Content on any other web site or networked computer environment is prohibited.

If you would like to request reprints, copies or distribute materials contained on the Site, other than for noncommercial, personal use, please contact Scripps Research Communications Department at communications@scripps.edu.

You agree that you will make only lawful use of the Site, and will use the Site only in compliance with all federal, state and local laws and regulations. You agree that you will make no use of the Site that violates anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other rights.

You agree that you will not upload, post, transmit, distribute or otherwise publish on or to the Site ("Publish") any materials that contain a software virus or other harmful component. You agree that you will not Publish any materials that contain advertising or commercial material of any kind. You agree that you will not Publish any materials that are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful, or that violate any rights of privacy or publicity or any trademark, copyright, patent or other rights. You are solely responsible for the content of any material you Publish. Scripps Research is not responsible or liable for the conduct of any person using the Site.

Scripps Research may change, suspend, discontinue or remove any aspect of the Site at any time, without prior notice, including the availability of any Site feature, services or Content or any material you have Published. Scripps Research may restrict your access to certain features, services or Content at any time, without prior notice.

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Use by Scripps Research Employees

If you are an employee, agent, contractor, or are otherwise employed by Scripps Research, these Terms supplement the Scripps Research policies on Electronic Communications and Computer Systems, Conflict of Interest, and Document Management. In the event of a conflict between these Terms and other Scripps Research policies, the relevant Scripps Research policy will control. 

Portions of the Site are not public. Use of non-public portions of the Site are restricted to authorized Scripps Research personnel and authorized affiliates. All use of restricted portions of the Site may be monitored and/or recorded by Scripps Research system administration staff.

By using restricted portions of the Site, you expressly consent to any monitoring and recording of your activities while in such restricted areas. In the event monitoring reveals any indications of criminal activity, system administration staff will have the right, but not the obligation, to provide any such information to law enforcement personnel.

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Use of the Kresge Library

The use of paper and electronic resources in the Kresge Library is governed by the Copyright Laws of the United States. Access to these resources is made available through a number of licenses granted to Scripps Research. Violation of the terms of these licenses can result not only in the loss of your privilege to use the resources, but also the loss of Scripps Research's license rights. Scripps Research employees and students may search, view and browse tables of contents, bibliographic data, full text and database content; and may print and/or download excerpts of reasonable quantity, provided that the use of such excerpts is for research, educational or personal purposes, and does not amount to or result in commercial use or distribution. A Kresge Library staff member can assist you in identifying the terms and conditions for a specific resource. In addition, most web sites for journals and databases provide the full text of applicable terms of use or license agreements through links labeled as "copyright, license, terms of use, disclaimer, etc."

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Medical and Other Information

This information is designed only for research and educational purposes and is not provided as a professional service or as medical advice for specific patients. It is not a substitute for professional medical care and if you have, or suspect you may have, a health problem, you should consult your health care provider.

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Linking Information

The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Any links from the Site do not constitute Scripps Research's endorsement of any third party, its Web Site, or its goods or services.

Scripps Research permits text links to Content on the Site, provided: (a) any text-only link must clearly be marked "The Scripps Research Institute;" (b) the appearance, position and other aspects of either the link or the host web site shall not be such as to damage or dilute the goodwill associated with Scripps Research’s name and trademarks; (c) the appearance, position and other aspects of either the link or the host web site shall not create the false appearance that an entity other than Scripps Research is associated with or sponsored by Scripps Research; (d) the link, when activated by a user, must display this Site full-screen and not within a "frame" on the linked web site; and (e) Scripps Research reserves the right to revoke its consent to the link at any time in its sole discretion by amending these Terms.

Scripps Research is not responsible for any hyperlinks, Web sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have any concerns regarding any Web site linked to or from the Site, please direct them to the owner or operator of that Web site.

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User Comments and Submissions

We welcome your comments regarding our Site and services. To submit your comments regarding our Site or services, send an email to the Scripps Research Webmaster. However, if you are dissatisfied with the Site, any of its Content, or any of the Terms, your sole and exclusive legal or equitable remedy is to stop using the Site. Any comments, ideas, suggestions or other information you transmit to the Site are not considered confidential or proprietary. Scripps Research will be free to use any comment, idea, suggestion or other information you transmit to us through the Site on an unrestricted basis. This may include personal information about you and your use of the Site. Please review Scripps Research's Privacy Policy for more information.

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Copyright and Trademark Infringement Claims

Scripps Research Policy

It is our policy to respond to proper notices of alleged copyright or trademark infringement.  This Section describes the information that should be present in these notices.  Scripps Research complies with the provisions of 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) with respect to claims of copyright infringement.  We will follow similar procedures described herein with respect to claims of trademark infringement.

You are not allowed to post copyrighted materials, including without limitation journal articles, to the Site without permission of the author and/or publisher.  You are also not allowed to post or place the trademarks, service marks, logos or trade dress of other third parties on the Site without the permission of those trademark owners.  If your copyrighted material or trademark has been posted on the Site and you want this material or trademark removed, you must provide a written notice that details the information listed in the following Section.  Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity.  If we remove or disable access in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notice. 

Infringement Notice

To file a notice of copyright or trademark infringement with us, you must provide a written notice by regular mail or fax, not by email, that clearly identifies the items set forth below.  Please be aware that you will be liable for damages, including attorney’s fees and costs, if you misrepresent that information or material on our Site is infringing your copyright or trademark.  As a result, we recommend that you first contact an attorney for advice before filing an infringement notice with us. 

  The following items must be included in your copyright or trademark infringement notice:

  1.    Describe in sufficient detail the copyrighted work that you contend has been infringed (i.e., identify the book, article, publisher, date of publication and other relevant identifying material).

  2.    Describe the trademark, service mark, logo or trade dress that you believe has been infringed (i.e., specify whether the trademark is a word mark, word plus design mark (“Composite Mark”), and for Composite Marks, logos and trade dress please provide a legible copy of such designs, logos and trade dress materials).  Please also specify whether you are still currently using such trademark and upon which goods or services you use such trademark. 

  3.    Identify the material on the Site that you claim is infringing your copyrighted work listed in item 1 above, or is infringing your trademark listed in item 2 above.  Please include the page link upon which the allegedly infringing material appears on the Site or a copy of the page(s) on the Site on which such allegedly infringing material appears. 

  4.    A statement that you have a good faith belief that use of the copyrighted material in the infringing manner of which you complain is not authorized by the copyright owner, its agent or the law.  Please provide a similar statement about your good faith belief regarding the use of your trademark.

  5.    A statement that you certify under penalty of perjury that the information in the infringement notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

  6.    The notice must be signed by the owner or by an authorized person who can act on behalf of an owner of an exclusive right that is allegedly being infringed on the Site. 

  7.    Please send the written infringement notice to Scripps Research’s Copyright and Trademark Agent listed below:

    Kevin A. Cahill
    Associate Business Counsel
    10550 North Torrey Pines Road
    TPC-8
    La Jolla, CA  92037
    Fax:  858-784-8118

Counter Notice

The provider or administrator of material claimed to be infringing may make a counter notice pursuant to Sections 512(g)(2) and (3) of the DMCA.  When we receive a counter notice, we may reinstate the allegedly infringing material on the Site. 

  To file a counter notice with us, you must provide a written notice by regular mail or fax, not by email, that clearly describes the items set forth below.  Please be aware that you will be liable for damages, including attorneys’ fees and costs, if you misrepresent that certain material or activity is not infringing the copyrights or trademarks of other parties.  As a result, we recommend that you first contact an attorney for advice before submitting a counter notice to us. 

  The following items must be included in your counter notice:

  1.    Describe the particular URLs or other identifying information regarding the specific material on the Site that Scripps Research has removed or to which Scripps Research has disabled access.

  2.    Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or San Diego County, California, if your address is outside the United States, and that you will accept service of process from the person who provided the infringement notice to us under 17 U.S.C. Section 512(c)(1)(C) or an agent of such person.

  3.    A statement that you certify under penalty of perjury that you have a good faith belief that each item of material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  4.    Please sign the counter notice.

  5.    Please send the counter notice to Scripps Research’s Copyright And Trademark Agent identified below:

    Kevin A. Cahill
    Associate Business Counsel
    10550 North Torrey Pines Road
    TPC-8
    La Jolla, CA  92037
    Fax:  858-784-8118

Trademarks

Scripps Research trademarks or service marks on the Site are registered and/or common law trademarks of The Scripps Research Institute and include, without limitation, the following marks: The Scripps Research Institute; The Scripps Research Institute and Design; Scripps Research; Scripps Research and Design; Scripps Florida; Scripps Florida and Design; Scripps Research Press; and Scripps Research Press and Design. Other trademarks appearing on the Site are the property of their respective owners. Use of any Scripps Research trademark is subject to Scripps Research's prior written consent.

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State Fundraising Notice

As a registered 501(c)(3) non-profit organization, Scripps Research relies on private support, applying the majority of each dollar contributed to its world-renowned research efforts. In connection with Scripps Research's fundraising activities, certain states require us to advise you that a copy of our state’s fundraising registration or financial information is available from them. Scripps Research's principal place of business is located at 10550 North Torrey Pines Road, La Jolla, CA 92037.  A copy of Scripps Research’s official California Registration (#CT 80057) and financial information may be obtained from the California Attorney General’s website at http://caag.state.ca.us/charities.  A copy of Scripps Research’s official Florida Registration (#CH 17266) and financial information may be obtained from the Division of Consumer Services by calling toll free at (800) 435-7352 within the State of Florida.  Registration for fundraising purposes with a state agency does not constitute or imply endorsement, approval or recommendation by that state.

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Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SCRIPPS RESEARCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. SCRIPPS RESEARCH PROVIDES THIS SITE, ALL CONTENTS, ALL INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE "AS IS." SCRIPPS RESEARCH EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING THE TITLE, ACCURACY OR COMPLETENESS OF THE SITE, OR THOSE OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. 

SCRIPPS RESEARCH WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF OR DAMAGE TO PERSONS OR PROPERTY, EVEN IF SCRIPPS RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  YOU AGREE THAT EACH WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF THE OTHER PROVISIONS BECAUSE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN YOU AND SCRIPPS RESEARCH. 

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Scripps Research does not warrant that your use of the Site, the operation or function of the Site, or any services offered on or through the Site, will be uninterrupted or error free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful elements. Scripps Research does not make any representations regarding the currency, accuracy or reliability of information on the Site.

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Indemnification

You assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Scripps Research will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services or other Content.

You hereby indemnify, defend (by counsel reasonably acceptable to Scripps Research) and hold harmless Scripps Research, its trustees, directors, officers, affiliates, employees, agents, licensors, licensees, successors, assigns and other representatives (collectively “Indemnitees”) against all damages, claims, demands, liabilities, losses, disputes, charges and other expenses, including without limitation reasonable attorneys’ fees, expert witness fees and other costs, that are incurred by or asserted against Indemnitees, whether or not a lawsuit or other proceeding is filed (collectively “Claims”) that in any way arise out of or relate to (i) your use of the Site, (ii) your use or other disposition of any Content or other material you obtain from the Site, (iii) your violation of any of the Terms, and/or (iv) your failure to comply with applicable laws, rules or regulations.  You shall not enter into any settlement of such Claims without Scripps Research’s prior written consent.  Notwithstanding any of the above, any of the Indemnitees shall have the right, at its expense, to retain separate independent counsel to assist in defending any such claims. 

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Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms. Your obligations to Scripps Research will survive the termination of your rights under the Terms, including without limitation our ownership of the Content, restrictions regarding use of the Content, disclaimers, indemnification obligations and liability limitations. Upon termination of your rights, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content.

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Applicable Law

Terms will be construed according to California law, without regard to provisions governing conflicts or choice of laws. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, will be resolved exclusively by the state and/or federal courts located and San Diego, California. Your use of the Site constitutes your irrevocable consent and agreement to submit to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California with respect to such dispute, and waive any right to contest or otherwise object to such exclusive jurisdiction or venue. 

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Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be void, invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and Scripps Research relating to the Site. Any other agreements between you and Scripps Research regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.

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www.scripps.edu Web Site Privacy Policy

Your privacy is important to us, so we operate the Site by the following principles:

Changes to Privacy Policy

Please review the Privacy Policy regularly. The Privacy Policy may change at any time. By using the Site after a change in the Privacy Policy, you agree to follow and be bound by the Privacy Policy as changed.

Confidentiality

You may use our Site without disclosing personally identifiable information. We want to be clear that we will not obtain such information about you unless you choose to submit it to us. If you supply personally identifiable information (such as name, address or telephone numbers) for various purposes on this Site, we only use the information for that purpose (such as to provide the service or information you have requested).

Security

Scripps Research takes every precaution to protect our users' information. When a registration/donation form asks users to enter sensitive information (such as credit card), that information is encrypted and is protected with Secure Sockets Layer (SSL) encryption. SSL encryption is designed to make the information unreadable by anyone but us.

Cookies

The Scripps Research web site uses cookies (a small file that uniquely identifies your browser) which helps track traffic coming to our Site, including visitor preferences and trends. We use this information to improve our web site to better serve our audience's needs. If users register on our Site for any news or donation services, we will identify you with cookies to store your account preferences. You will always have a chance to opt out at any time.

Information Collection and Use

We treat your information with utmost confidentiality and your transactions are secure. Scripps Research will not sell, share, or rent this information with others.

Gifts on the Web

When you make a gift on our Site, your e-mail will be entered into our donor database. We may send you e-mails or mailings in the future informing you of other giving opportunities or providing news about Scripps Research. If you choose not to receive any further communication from us, you may opt-out by contacting the Office of Philanthropy at 858-784-2915 or philanthropy@scripps.edu.

Aggregate Information

We use general traffic, site usage, and length of stay information for statistical reporting and may share such reports with organizations with which we have a business relationship. This aggregate information does not personally identify you.

Children's Privacy

The Site is intended for adults aged 18 and older. It is not intended for or directed at persons under the age of 18. If you are under the age of 18, you may not register or submit personally identifiable information to or through the Site. Scripps Research does not collect personally identifiable information through the Site from any person Scripps Research actually knows to be under the age of 18.

Other Sites

Our privacy policies apply only to your use of the Site. The Site contains links to third party sites, including sites that may indicate a special relationship with us. While we do not disclose personally identifiable information to the parties operating linked sites, we are not responsible for the privacy practices of such other sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.

Changes to Terms

Scripps Research  reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of the Terms (not an older cached version) each time you view the Site. Use of this Site constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

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's copyright and other proprietary rights and is expressly prohibited. For purposes of these Terms, the use of any Content on any other web site or networked computer environment is prohibited.

If you would like to request reprints, copies or distribute materials contained on the Site, other than for noncommercial, personal use, please contact Scripps Research Communications Department at communications@scripps.edu.

You agree that you will make only lawful use of the Site, and will use the Site only in compliance with all federal, state and local laws and regulations. You agree that you will make no use of the Site that violates anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other rights.

You agree that you will not upload, post, transmit, distribute or otherwise publish on or to the Site ("Publish") any materials that contain a software virus or other harmful component. You agree that you will not Publish any materials that contain advertising or commercial material of any kind. You agree that you will not Publish any materials that are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful, or that violate any rights of privacy or publicity or any trademark, copyright, patent or other rights. You are solely responsible for the content of any material you Publish. Scripps Research is not responsible or liable for the conduct of any person using the Site.

Scripps Research may change, suspend, discontinue or remove any aspect of the Site at any time, without prior notice, including the availability of any Site feature, services or Content or any material you have Published. Scripps Research may restrict your access to certain features, services or Content at any time, without prior notice.

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Use by Scripps Research Employees

If you are an employee, agent, contractor, or are otherwise employed by Scripps Research, these Terms supplement the Scripps Research policies on Electronic Communications and Computer Systems, Conflict of Interest, and Document Management. In the event of a conflict between these Terms and other Scripps Research policies, the relevant Scripps Research policy will control. 

Portions of the Site are not public. Use of non-public portions of the Site are restricted to authorized Scripps Research personnel and authorized affiliates. All use of restricted portions of the Site may be monitored and/or recorded by Scripps Research system administration staff.

By using restricted portions of the Site, you expressly consent to any monitoring and recording of your activities while in such restricted areas. In the event monitoring reveals any indications of criminal activity, system administration staff will have the right, but not the obligation, to provide any such information to law enforcement personnel.

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Use of the Kresge Library

The use of paper and electronic resources in the Kresge Library is governed by the Copyright Laws of the United States. Access to these resources is made available through a number of licenses granted to Scripps Research. Violation of the terms of these licenses can result not only in the loss of your privilege to use the resources, but also the loss of Scripps Research's license rights. Scripps Research employees and students may search, view and browse tables of contents, bibliographic data, full text and database content; and may print and/or download excerpts of reasonable quantity, provided that the use of such excerpts is for research, educational or personal purposes, and does not amount to or result in commercial use or distribution. A Kresge Library staff member can assist you in identifying the terms and conditions for a specific resource. In addition, most web sites for journals and databases provide the full text of applicable terms of use or license agreements through links labeled as "copyright, license, terms of use, disclaimer, etc."

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Medical and Other Information

This information is designed only for research and educational purposes and is not provided as a professional service or as medical advice for specific patients. It is not a substitute for professional medical care and if you have, or suspect you may have, a health problem, you should consult your health care provider.

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Linking Information

The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Any links from the Site do not constitute Scripps Research's endorsement of any third party, its Web Site, or its goods or services.

Scripps Research permits text links to Content on the Site, provided: (a) any text-only link must clearly be marked "The Scripps Research Institute;" (b) the appearance, position and other aspects of either the link or the host web site shall not be such as to damage or dilute the goodwill associated with Scripps Research’s name and trademarks; (c) the appearance, position and other aspects of either the link or the host website shall not create the false appearance that an entity other than Scripps Research is associated with or sponsored by Scripps Research; (d) the link, when activated by a user, must display this Site full-screen and not within a "frame" on the linked website; and (e) Scripps Research reserves the right to revoke its consent to the link at any time in its sole discretion by amending these Terms.

Scripps Research is not responsible for any hyperlinks, Web sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have any concerns regarding any Web site linked to or from the Site, please direct them to the owner or operator of that Web site.

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User Comments and Submissions

We welcome your comments regarding our Site and services. To submit your comments regarding our Site or services, send an email to the Scripps Research Webmaster. However, if you are dissatisfied with the Site, any of its Content, or any of the Terms, your sole and exclusive legal or equitable remedy is to stop using the Site. Any comments, ideas, suggestions or other information you transmit to the Site are not considered confidential or proprietary. Scripps Research will be free to use any comment, idea, suggestion or other information you transmit to us through the Site on an unrestricted basis. This may include personal information about you and your use of the Site. Please review Scripps Research's Privacy Policy for more information.

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Copyright and Trademark Infringement Claims

Scripps Research Policy

It is our policy to respond to proper notices of alleged copyright or trademark infringement.  This Section describes the information that should be present in these notices.  Scripps Research complies with the provisions of 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) with respect to claims of copyright infringement.  We will follow similar procedures described herein with respect to claims of trademark infringement.

You are not allowed to post copyrighted materials, including without limitation journal articles, to the Site without permission of the author and/or publisher.  You are also not allowed to post or place the trademarks, service marks, logos or trade dress of other third parties on the Site without the permission of those trademark owners.  If your copyrighted material or trademark has been posted on the Site and you want this material or trademark removed, you must provide a written notice that details the information listed in the following Section.  Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity.  If we remove or disable access in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notice. 

Infringement Notice

To file a notice of copyright or trademark infringement with us, you must provide a written notice by regular mail or fax, not by email, that clearly identifies the items set forth below.  Please be aware that you will be liable for damages, including attorney’s fees and costs, if you misrepresent that information or material on our Site is infringing your copyright or trademark.  As a result, we recommend that you first contact an attorney for advice before filing an infringement notice with us. 

  The following items must be included in your copyright or trademark infringement notice:

  1.    Describe in sufficient detail the copyrighted work that you contend has been infringed (i.e., identify the book, article, publisher, date of publication and other relevant identifying material).

  2.    Describe the trademark, service mark, logo or trade dress that you believe has been infringed (i.e., specify whether the trademark is a word mark, word plus design mark (“Composite Mark”), and for Composite Marks, logos and trade dress please provide a legible copy of such designs, logos and trade dress materials).  Please also specify whether you are still currently using such trademark and upon which goods or services you use such trademark. 

  3.    Identify the material on the Site that you claim is infringing your copyrighted work listed in item 1 above, or is infringing your trademark listed in item 2 above.  Please include the page link upon which the allegedly infringing material appears on the Site or a copy of the page(s) on the Site on which such allegedly infringing material appears. 

  4.    A statement that you have a good faith belief that use of the copyrighted material in the infringing manner of which you complain is not authorized by the copyright owner, its agent or the law.  Please provide a similar statement about your good faith belief regarding the use of your trademark.

  5.    A statement that you certify under penalty of perjury that the information in the infringement notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

  6.    The notice must be signed by the owner or by an authorized person who can act on behalf of an owner of an exclusive right that is allegedly being infringed on the Site. 

  7.    Please send the written infringement notice to Scripps Research’s Copyright and Trademark Agent listed below:

    Kevin A. Cahill
    Associate Business Counsel
    10550 North Torrey Pines Road
    TPC-8
    La Jolla, CA  92037
    Fax:  858-784-8118

Counter Notice

The provider or administrator of material claimed to be infringing may make a counter notice pursuant to Sections 512(g)(2) and (3) of the DMCA.  When we receive a counter notice, we may reinstate the allegedly infringing material on the Site. 

  To file a counter notice with us, you must provide a written notice by regular mail or fax, not by email, that clearly describes the items set forth below.  Please be aware that you will be liable for damages, including attorneys’ fees and costs, if you misrepresent that certain material or activity is not infringing the copyrights or trademarks of other parties.  As a result, we recommend that you first contact an attorney for advice before submitting a counter notice to us. 

  The following items must be included in your counter notice:

  1.    Describe the particular URLs or other identifying information regarding the specific material on the Site that Scripps Research has removed or to which Scripps Research has disabled access.

  2.    Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or San Diego County, California, if your address is outside the United States, and that you will accept service of process from the person who provided the infringement notice to us under 17 U.S.C. Section 512(c)(1)(C) or an agent of such person.

  3.    A statement that you certify under penalty of perjury that you have a good faith belief that each item of material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  4.    Please sign the counter notice.

  5.    Please send the counter notice to Scripps Research’s Copyright And Trademark Agent identified below:

    Kevin A. Cahill
    Associate Business Counsel
    10550 North Torrey Pines Road
    TPC-8
    La Jolla, CA  92037
    Fax:  858-784-8118

Trademarks

Scripps Research trademarks or service marks on the Site are registered and/or common law trademarks of The Scripps Research Institute and include, without limitation, the following marks: The Scripps Research Institute; The Scripps Research Institute and Design; Scripps Research; Scripps Research and Design; Scripps Florida; Scripps Florida and Design; Scripps Research Press; and Scripps Research Press and Design. Other trademarks appearing on the Site are the property of their respective owners. Use of any Scripps Research trademark is subject to Scripps Research's prior written consent.

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State Fundraising Notice

As a registered 501(c)(3) non-profit organization, Scripps Research relies on private support, applying the majority of each dollar contributed to its world-renowned research efforts. In connection with Scripps Research's fundraising activities, certain states require us to advise you that a copy of our state’s fundraising registration or financial information is available from them. Scripps Research's principal place of business is located at 10550 North Torrey Pines Road, La Jolla, CA 92037.  A copy of Scripps Research’s official California Registration (#CT 80057) and financial information may be obtained from the California Attorney General’s website at http://caag.state.ca.us/charities.  A copy of Scripps Research’s official Florida Registration (#CH 17266) and financial information may be obtained from the Division of Consumer Services by calling toll free at (800) 435-7352 within the State of Florida.  Registration for fundraising purposes with a state agency does not constitute or imply endorsement, approval or recommendation by that state.

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Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SCRIPPS RESEARCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. SCRIPPS RESEARCH PROVIDES THIS SITE, ALL CONTENTS, ALL INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE "AS IS." SCRIPPS RESEARCH EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING THE TITLE, ACCURACY OR COMPLETENESS OF THE SITE, OR THOSE OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. 

SCRIPPS RESEARCH WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF OR DAMAGE TO PERSONS OR PROPERTY, EVEN IF SCRIPPS RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  YOU AGREE THAT EACH WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF THE OTHER PROVISIONS BECAUSE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN YOU AND SCRIPPS RESEARCH. 

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Scripps Research does not warrant that your use of the Site, the operation or function of the Site, or any services offered on or through the Site, will be uninterrupted or error free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful elements. Scripps Research does not make any representations regarding the currency, accuracy or reliability of information on the Site.

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Indemnification

You assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Scripps Research will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services or other Content.

You hereby indemnify, defend (by counsel reasonably acceptable to Scripps Research) and hold harmless Scripps Research, its trustees, directors, officers, affiliates, employees, agents, licensors, licensees, successors, assigns and other representatives (collectively “Indemnitees”) against all damages, claims, demands, liabilities, losses, disputes, charges and other expenses, including without limitation reasonable attorneys’ fees, expert witness fees and other costs, that are incurred by or asserted against Indemnitees, whether or not a lawsuit or other proceeding is filed (collectively “Claims”) that in any way arise out of or relate to (i) your use of the Site, (ii) your use or other disposition of any Content or other material you obtain from the Site, (iii) your violation of any of the Terms, and/or (iv) your failure to comply with applicable laws, rules or regulations.  You shall not enter into any settlement of such Claims without Scripps Research’s prior written consent.  Notwithstanding any of the above, any of the Indemnitees shall have the right, at its expense, to retain separate independent counsel to assist in defending any such claims. 

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Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms. Your obligations to Scripps Research will survive the termination of your rights under the Terms, including without limitation our ownership of the Content, restrictions regarding use of the Content, disclaimers, indemnification obligations and liability limitations. Upon termination of your rights, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of any Content.

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Applicable Law

Terms will be construed according to California law, without regard to provisions governing conflicts or choice of laws. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, will be resolved exclusively by the state and/or federal courts located and San Diego, California. Your use of the Site constitutes your irrevocable consent and agreement to submit to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California with respect to such dispute, and waive any right to contest or otherwise object to such exclusive jurisdiction or venue. 

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Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be void, invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and Scripps Research relating to the Site. Any other agreements between you and Scripps Research regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.

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www.scripps.edu Web Site Privacy Policy

Your privacy is important to us, so we operate the Site by the following principles:

Changes to Privacy Policy

Please review the Privacy Policy regularly. The Privacy Policy may change at any time. By using the Site after a change in the Privacy Policy, you agree to follow and be bound by the Privacy Policy as changed.

Confidentiality

You may use our Site without disclosing personally identifiable information. We want to be clear that we will not obtain such information about you unless you choose to submit it to us. If you supply personally identifiable information (such as name, address or telephone numbers) for various purposes on this Site, we only use the information for that purpose (such as to provide the service or information you have requested).

Security

Scripps Research takes every precaution to protect our users' information. When a registration/donation form asks users to enter sensitive information (such as credit card), that information is encrypted and is protected with Secure Sockets Layer (SSL) encryption. SSL encryption is designed to make the information unreadable by anyone but us.

Cookies

The Scripps Research web site uses cookies (a small file that uniquely identifies your browser) which helps track traffic coming to our Site, including visitor preferences and trends. We use this information to improve our website to better serve our audience's needs. If users register on our Site for any news or donation services, we will identify you with cookies to store your account preferences. You will always have a chance to opt out at any time.

Information Collection and Use

We treat your information with utmost confidentiality and your transactions are secure. Scripps Research will not sell, share, or rent this information with others.

Gifts on the Web

When you make a gift on our Site, your e-mail will be entered into our donor database. We may send you e-mails or mailings in the future informing you of other giving opportunities or providing news about Scripps Research. If you choose not to receive any further communication from us, you may opt-out by contacting the Office of Philanthropy at 858-784-2915 or philanthropy@scripps.edu.

Aggregate Information

We use general traffic, site usage, and length of stay information for statistical reporting and may share such reports with organizations with which we have a business relationship. This aggregate information does not personally identify you.

Children's Privacy

The Site is intended for adults aged 18 and older. It is not intended for or directed at persons under the age of 18. If you are under the age of 18, you may not register or submit personally identifiable information to or through the Site. Scripps Research does not collect personally identifiable information through the Site from any person Scripps Research actually knows to be under the age of 18.

Other Sites

Our privacy policies apply only to your use of the Site. The Site contains links to third party sites, including sites that may indicate a special relationship with us. While we do not disclose personally identifiable information to the parties operating linked sites, we are not responsible for the privacy practices of such other sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.

Changes to Terms

Scripps Research  reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of the Terms (not an older cached version) each time you view the Site. Use of this Site constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

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