TERMS OF USE
Subject to these Terms of Use (this “Agreement”), BioInformatics, Inc., including Kalorama Information and/or BioInformatics, Inc.’s subsidiaries, as applicable, (collectively and individually, “we”, “our” or “us”) make available certain on-line information and services on various web sites (“Our Service”) to registered and/or authorized users (“you” or “your”). Our Service presents information, data, content, news, reports, programs, video, audio and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as “Material.” Your use of Our Service constitutes your acknowledgment of and assent to be bound by this Agreement.
Unless there is another written agreement between you and us that covers your use of part or all of Our Service, this is the entire agreement between you and us. If there is another written agreement between you and us that covers your use of part of Our Service, this Agreement covers all other use of Our Service by you. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise or another written agreement covers your use of those new products or services. You must comply with any additional terms which apply to third-party content, software or other services (collectively, “Third-Party Content”). Such additional terms for Third-Party Content will be provided to you before you access such Third-Party Content. In addition, particular sites or features of Our Service may have different or additional terms (“Special Terms”) which will be disclosed to you when you access those sites or features. Such Special Terms are incorporated into this Agreement with respect to such sites or features. If there is a conflict between the terms of this Agreement and the Special Terms, the Special Terms will govern with respect to such sites or features.
We may change this Agreement at any time and you can read a current copy of this Agreement at any time by selecting the “Legal Notice” link on Our Service. If any change is not acceptable, you must discontinue your use immediately; using Our Service after the date that this Agreement changes means you accept the changes. No change to this Agreement that is not posted on Our Service is valid unless it is in writing and signed by both you and us.
Permitted Use, Limitations on Use
You may access and download the Material only as required to view the Material on your web browser for your individual use, keeping all copyright and other notices on the Material. You may print a single copy of Material for your use. You may not republish or distribute any Material or do anything else with the Material, which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying Third-Party Content.
License and Service Access
We grant you a limited license to access and use Our Service. This license does not permit you to, and you agree that you will not: (i) upload to or transmit through Our Service any information that you do not have a right to make available (such as the intellectual property of another party or information that you are not legally permitted to use); (ii) upload to or transmit through Our Service any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure; (iv) enter information or download information from Our Service through any means other than direct user interaction with Our Service; or (v) make any use of data mining, robots, or similar data gathering and extraction tools to submit Content to Our Service. We, in our sole discretion, may revoke all permissions and licenses to your use of Our Service, at any time.
Anti-hacking Provision
You may not, nor may you allow others to, directly or indirectly: (a) attempt to or actually disrupt, impair or interfere with, alter or modify Our Service or any Material; or (b) collect or attempt to collect any information of others, including passwords, account or other information.
No Advice
The Material available on Our Service is for informational purposes only.
Links to Third Party Sites
Various links on Our Service will take you out of Our Service. These linked sites are not necessarily under our control. We are not responsible for the contents of any linked page or any other page not under our control. We provide these links only as a convenience; the inclusion of a link does not imply endorsement of that linked site.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SERVICE OR ANY RELATED SERVICES.
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of Our Service. If you are dissatisfied with the Material or Our Service or with these Terms of Use, your sole and exclusive remedy is to stop using the Material and Our Service. We will not pay you any damages.
We do not warrant the accuracy, completeness, currentness or other characteristics of any Material available on or through Our Service. We will not be liable for any loss or injury resulting directly or indirectly from Our Service, whether or not caused in whole or in part by our negligence or by contingencies within or beyond our control. Neither we, nor suppliers of Third-Party Content, are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access Our Service or the Material.
YOUR ACCESS TO AND USE OF OUR SERVICE ARE AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” OUR SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, WHETHER OR NOT THAT THIRD PARTY’S WEBSITE IS LINKED FROM OUR SERVICE.
Governing Law
The laws of the State of Virginia govern this Agreement and your use of Our Service. You agree to comply with all laws, regulations, obligations and restrictions, which apply to you. You agree that the courts located in Virginia have exclusive jurisdiction for any claim, action or dispute under this Agreement. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Virginia. No failure or delay in enforcing any right shall be a waiver of that or any other right. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected.
Copyright
Unless specifically stated in conjunction with particular Material, all Material is copyrighted by us. You have no rights in or to the Material and you may not use any Material other than as permitted under this Agreement.
Trademark
All trade names, trademarks, service marks and other product and service names and logos on Our Service or in the Material are the proprietary trademarks of their respective owners and are protected by applicable trademark and copyright laws.
Prevailing Terms
Unless presented in writing and duly signed by both parties, this Terms of Use for this Service is the only Terms of Use. By using this Service, you agree to be bound by this Terms of Use. In the event of a conflict between a direct contract between you and Bioinformatics for this Service and this Terms of Use, the terms agreed to in the signed contract shall prevail.
