Terms of Service

Please read these terms and conditions ("terms") before using the services (“Services”) provided by Gorsuch Scientific ("us", 'we", "our"), or this website (i.e., www.gorsuchscientific.com).

Terms for the Services provided by Gorsuch Scientific

Services, Pricing, and Title

On receipt of sufficient information for us to provide Services, and if we consider your request to be within the scope of the Services, we may provide you with a quote. On confirmation of acceptance of any quote, we will accept your order. We maintain the right to amend details of or withdraw provision of the Services depending on any unforeseen circumstances that may arise before or after acceptance of the order.

When we accept your order, you agree that we may process your order and begin the ordered Service. The title in and to the ordered Service does not pass to you until such time as we have received and processed a valid payment into our nominated bank account. You will not be entitled to cancel the order or receive a refund of the fee paid or payable (we may consider mitigating circumstances in determining whether or not a refund is made, but any decision will be at our discretion).

Your Order

When you place an order, you will receive a communication from us, by email or otherwise, informing you that an order has been accepted. Your order constitutes an offer made to us to purchase the services specified in the order. Your offer is only accepted by us once we have confirmed your order in writing. We reserve the right to delay your order while the payment awaits processing or in case of any questions we might have regarding performance of the Services.

We reserve the right to delay or refuse orders where a transaction or order contains incomplete details or details that cannot be verified, where the balance has not been fully paid, or where fraud is suspected.

Your intellectual property rights

Gorsuch Scientific and its employees make no claims on any work submitted by you. Any draft papers and documents ("Documents") submitted by you will remain your intellectual property.

You represent, warrant and agree that you own all intellectual property rights in the Documents or otherwise have obtained sufficient rights to grant the rights you grant by these Terms; that nothing in the Documents will cause injury to any person or entity; that the Documents do not contain any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law, (iii) may contain software viruses, trojan horses or any other malware or (iv) may adversely affect the public image, reputation or goodwill of Gorsuch Scientific, or (v) is plagiarized or results from research misconduct.

You will be responsible for making back-up and archival copies of your Documents. In no event will Gorsuch Scientific be responsible to you or any other person for any loss, corruption or alteration of documents.

Confidentiality

Your Documents may contain information and materials of a confidential and/or proprietary nature ("Confidential Information"). We shall use the Confidential Information only for the purposes for which it was disclosed. Other information and materials may also be Confidential Information if they are identified as such. We value your trust and will ensure that all reasonable measures are taken to treat your Documents in a secure and confidential manner. When we subcontract any aspect of the delivery of the Services, we obtain agreement from the subcontracting party that they will not make use of or disclose any Confidential Information.

The obligations to maintain Confidential Information in confidence and not to disclose or use Confidential Information shall not apply to any information or materials that are generally known to the public or become known to the public through no fault or wrongful act, nor where disclosure is required or is necessary to comply with any applicable law, regulation, legal process or governmental request.

Payment

Our payment provider is Stripe, Inc. (“Stripe”). You must conform to Stripe’s terms of service. Gorsuch Scientific does not handle payment information.

Payment of an order is required to be 'fully cleared' by Stripe and we cannot be held responsible for any delays in payment for any reason and by any party. You shall pay all sums due to us under these terms and without any set-off, deduction, counterclaim and/or any other withholding of monies. All amounts and fees are, except where specifically stated otherwise, non-cancellable. No refund is offered for the Services unless expressly agreed by us or required by law. Should you believe that the Services you received materially differ from the description on this website or in other communication from us, please contact us and we will review your complaint and attempt to rectify the situation in a mutually acceptable manner.

Liability

We do not guarantee any particular outcome from the use of our Services. For example, we are not liable for papers that are not being accepted for peer review or publication, grant applications that are not funded, or other unsatisfactory outcomes, including in relation to the negligence of Gorsuch Scientific staff or subcontractors or claims of such negligence.

Where the use of the Services provides you with advice, any such advice should be viewed as opinion, not instructions to take specific actions. We cannot be held legally responsible for any expense incurred either in direct response to or as an indirect result of the use of the Services or of any other communication with us. Significant decisions should be made following your careful consideration, with any necessary technical advice provided by technical specialists.

By using our Service you warrant that no part of your Documents contains content that is plagiarized. We cannot be held legally liable should any passage of text within or deriving from your Documents later be identified as resulting from plagiarism.

Prohibited uses of the Services

The contract between you and us is personal to you. You may not assign, sub-license, sub-contract, transfer or charge the contract or any part of it without our prior written consent. You may not impersonate another person or entity or misrepresent your affiliation with a person or entity, either to access or use features or discounts available to specific users or groups of users.

Without our express agreement, you may not resell or otherwise commercially exploit, make publicly accessible or accessible via restricted settings such as an organizational intranet or email, use as a component in the delivery of any paid or unpaid service, or modify or generate derivatives of, the Services or new material produced by us during delivery of the Services (including training material). This does not affect your own Intellectual Property Rights as above. We reserve the right to take action where infringing conduct occurs, including but not limited to cancellation of the Services and deletion of undelivered files.

General

By using the Services, you agree that the laws of State of Colorado, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Gorsuch Scientific and you, or its business partners and associates.

For our exclusive benefit and to the extent possible in the applicable jurisdiction, we reserve the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which these Terms were agreed to or (if different) the country of your principal place of business.

We comply with all sanctions/restrictions imposed by the US Department of the Treasury, Office of Foreign Assets Control (OFAC).

No variation or addition to these provisions without our prior written consent shall be effective unless agreed to in writing by us. Any additional terms you may seek to impose shall be void and/or unenforceable.

Website terms of use

Conditions of use

By using this website, you certify that you have read and reviewed these terms and that you agree to comply with them. If you do not want to be bound by these terms, you should stop using the website accordingly. Gorsuch Scientific only grants use and access of this website, its products, and its services to those who have accepted its terms.

Privacy policy

Before you continue using our website, please read our Privacy Policy regarding how we collect and use your data.

Transactions conducted through this website

Contracts formed through the website or as a result of visits made by you are governed by our terms and conditions of supply.

Intellectual property

You agree that this website and all products and services provided on this website are the property of Gorsuch Scientific, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Gorsuch Scientific’s intellectual property in any way, including electronic, digital, or new trademark registrations.

Linking to and from this website

You may link to our home page or any service page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and that does not suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disputes

Any dispute related in any way to your use of this website or to products you purchase from us shall be arbitrated by Colorado state or federal court and you consent to exclusive jurisdiction and venue of such courts.

Indemnification

You agree to indemnify Gorsuch Scientific and its affiliates and hold Gorsuch Scientific harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Limitation on liability

To the fullest extent permitted by law, you understand and agree that Gorsuch Scientific, its affiliates and third party subcontractors shall not be liable for any indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use of or inability to use this Site or the Services. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.

This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this site, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

Under no circumstances will the total liability of Gorsuch Scientific to you for any reason relating to your use of this Site or the Services, whether arising in contract, tort or any other legal theory (including, without limitation, negligence or strict liability), exceed an amount equal to the fees paid by you to Gorsuch Scientific in the twelve months preceding the event giving rise to the claim.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Disclaimer of warranties

We reserve the right to restrict or terminate your access to the Site or the Services at any time. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing; that access to the Site and the Services will be uninterrupted or error-free; that the Site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. We do not make any warranties or representations regarding the Services or the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain states, the law may not permit all or a portion of the disclaimer of warranties, so the above disclaimer may not apply to you, in whole or in part. In such cases, the disclaimer will apply to you to the extent permitted by applicable law.

Age restriction

You must be at least 18 years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to these terms. Gorsuch Scientific assumes no responsibility for liabilities related to age misrepresentation.

General provisions

By using this website, you agree that the laws of State of Colorado, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Gorsuch Scientific and you, or its business partners and associates.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

We shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of God, war, civil disorder, industrial dispute or technical failure.

Gorsuch Scientific reserves the right to edit, modify, and change these terms at any time. We shall let our users know of these changes through electronic mail. These terms represent an understanding between Gorsuch Scientific and the user, and this supersedes and replaces all prior agreements regarding the use of this website.