Skip to Main Content
OUTSOURCE EVERYTHING BUT THE GENIUS™

Welcome, Guest.

Go to Main Navigation

Terms of Service

Last Updated: May 25, 2018

The Assay Depot, Inc. (d.b.a Scientist.com) shall be referred to as “Scientist.com” in these Terms of Service. The following Terms of Service (the "Terms") apply to all users of Scientist.com’s Marketplace and its associated websites, software, hardware, infrastructure, application programming interface(s) ("API"), content, trademarks and other associated materials (collectively, the "Services"). The Terms are a legal contract between you, an individual user or a single entity (collectively or individually "Users") and Scientist.com regarding your use of the Services. Together, Users and Scientist.com are each referred to herein individually as a "Party" or collectively as the "Parties". When using the Services, you will be subject to any additional posted guidelines, policies or rules applicable to specific services and features, existing or future, which may be posted from time to time (collectively, the "Policies"). All Policies are hereby incorporated by reference into the Terms. Scientist.com may modify or update the Policies from time to time. If there is any contradiction between the service-specific policies and the Terms, then the service-specific policies shall take precedence in relation to that service.

BEFORE USING THE SERVICE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE POLICIES, AND ANY FUTURE MODIFICATIONS THERETO. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.

Eligibility

In order to use the Services, you must either be the age of majority in your jurisdiction, an emancipated minor, or possess legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13.

You represent that you will not use the Services in violation of any applicable laws and regulations, including without limitation the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

Privacy Notice

Scientist.com’s privacy policies available at https://app.scientist.com/legal-notices are hereby incorporated into these terms by reference. Please read these policies carefully for information relating to Scientist.com’s collection, use, and disclosure of your personal information.

In the event of a conflict between Scientist’s European Privacy Policy and the Platform’s Global Privacy Policy, the European Privacy Policy shall prevail. In the event of any conflict between these Terms, the Marketplace Agreement and any of the Policies relating to the sharing of Personal Data, the Policies shall prevail.

Marketplace Agreement

Scientist.com’s Marketplace Agreement available at https://app.scientist.com/legal-notices/marketplace-agreement is hereby incorporated into these Terms by reference. Please read this agreement carefully, including for information about how to purchase services using the Scientist.com platform.

Modification of the Terms

Scientist.com reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and/or the Marketplace Agreement at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the "Last Updated" date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. In the event of a material change that may directly affect your account, we will notify you via the most recent e-mail address that you have provided to us in conjunction with your account. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.

Ownership; Proprietary Rights

As between the Parties, the Services including the API, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, software, services, and all other elements of the Services that are provided by Scientist.com ("Scientist.com Materials") are owned and/or licensed for use by Scientist.com. Scientist.com Materials owned by Scientist.com are trademarks, service marks, trade dress, or are copyrighted works of Scientist.com in the U.S. and/or other countries. The compilation of all content on the Services is the exclusive property of Scientist.com and is protected by U.S. and international copyright laws. Scientist.com Materials do not include Contributed Content (as defined below).

Except as expressly authorized by Scientist.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services or the Scientist.com Materials. Scientist.com reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Scientist.com Materials, except for the limited rights set forth in these Terms. Some Scientist.com Materials are licensed under a separate license, such as the GNU Lesser General Public License, version 2.1, or other open source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to the applicable Scientist.com Materials.

Content on the Services

Organizations and individuals other than Scientist.com may operate stores, provide services, or sell product lines on this site. In addition, links may be provided to the sites of affiliated companies and certain other businesses. Content submitted, posted, uploaded, or otherwise added to the Services by third parties will be herein known as "Third Party Content". We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or any Third Party Content. Scientist.com does not assume any responsibility or liability for the actions, services, products, or Third Party Content. You should carefully review their privacy policies and other conditions of use. The following applies to content encountered in use of the Services:

a. All trademarks, service marks, or trade dress not owned by Scientist.com that are encountered in your use of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scientist.com.
b. Third Parties Content comprises a large portion of the content on the Services, and Scientist.com does not warrant that descriptions, pricing, service turn around times, or other content on the Services is accurate, complete, reliable, current, or error-free.
c. Except where specifically noted otherwise, prices encountered on the Services represent the full retail price of the service or product itself, as determined by a third party. Prices may or may not include the cost of shipping samples or products to or from third parties. It is solely your responsibility to understand all costs and fees associated with a product or service prior to entering into a binding contract to use or acquire that product or service. Scientist.com does not assume any financial or legal responsibility or liability as a result of your use of the Services.

Contributed Content

Some features of the Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

Users may post reviews and other content; send notices and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Scientist.com has the right but not the obligation to monitor and edit or remove any activity or content. Scientist.com takes no responsibility and assumes no liability for any content posted by you or any third party.

When you upload or otherwise submit content to our Services, you give Scientist.com (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to further development of the Services. This license continues even if you stop using the Services. Some aspects of the Services may offer you ways to access and alter or remove content that has been provided to that Service.

Electronic Communications

When you visit our website, send Requests to Scientist.com or third parties, respond to Requests sent to Scientist.com or third parties,, or e-mail Scientist.com, you are communicating with us electronically. You consent to receive communications from Scientist.com electronically. Scientist.com’s default method of Electronic Communication is email, however we may respond to you by sending messages through the Services if that is how you initially contacted us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Account Information and Password

In order to access the Services, you will have to create an account using your current valid e-mail address. You may only create one account per email address. You acknowledge, consent, and agree that Scientist.com may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content violates any laws or regulations or the rights of third parties; (d) provide certain customized features of the Services to you, if any; (e) respond if you contact Scientist.com for any reason; or (f) protect the rights, property, or personal safety of Scientist.com, its other Users, and the public. When you register for the Services you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Scientist.com. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, Scientist.com OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

The Marketplace Agreement also contains provisions relating to account information.

Services Availability

Scientist.com may make changes to or discontinue any of the products or services available within the Services at any time, and without notice. We may change or discontinue the API for the Services but will use commercially reasonable efforts to continue supporting the previous version of any API changed or discontinued for a reasonable period of time not to exceed one (1) year, unless such change or discontinuation (a) is made in response to a security or intellectual property issue, (b) is impractical for business reasons, or (c) is necessary for legal or regulatory purposes.

License and Site Access

This license does not include any resale or commercial use of the Marketplace or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of the Marketplace or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Scientist.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace without express written consent. You may not use any meta tags or any other "hidden text" utilizing Scientist.com's name or trademarks without the express written consent of Scientist.com. Any unauthorized use terminates the permission or license granted by Scientist.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Marketplace so long as the link does not portray Scientist.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Marketplace logo or other proprietary graphic or trademark as part of the link without express written permission.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SCIENTIST.COM, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SERVICE; (II) YOUR AND YOUR END USERS’ USER CONTENT, INCLUDING SCIENTIST.COM’S STORAGE, POSSESSION, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY SCIENTIST.COM. SCIENTIST.COM RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF SCIENTIST.COM. SCIENTIST.COM WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

Disclaimer of Warranties and Limitation of Liability

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY SCIENTIST.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCIENTIST.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCIENTIST.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCIENTIST.COM DOES NOT WARRANT THAT THE SERVICES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES; THEIR SERVERS; OR E-MAIL SENT FROM SCIENTIST.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCIENTIST.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By using the Services, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Scientist.com.

Disputes

Any dispute relating in any way to your use of the Services or to products or services sold or distributed by Scientist.com or its service providers through the Services shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Scientist.com’s intellectual property rights, Scientist.com may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Our Address

Scientist.com
505 Lomas Santa Fe Drive
Suite 110
Solana Beach,
CA 92075
USA