Authorized User Agreement
First Published— April, 2008
Defined Terms: Throughout this Agreement, the terms 'we,' 'our,' 'us' (and any other forms of those words) mean BioCrowd, Inc., and the terms 'you' and 'your' (and other forms of those words) mean the user of the Site ('User').
Security Features: You agree not to try to circumvent the security features of the Site, or tamper with, hack into, or in any other way disrupt or disable any computer system, server, website, router or other device used to host the Site or make the Site available.
Access to the Site: The Site is an electronic service that permits authorized Users to access and use certain services offered through the Site from computers and other access devices owned or operated by authorized Users. You are responsible at your cost for obtaining such devices and for obtaining access to the Site. We shall have the right, in our sole discretion, to refuse or restrict anyone from access to, and/or use of, any or all of the Site and/or its services at any time for any reason, without informing you, including preventing you from logging into the Site and posting material, or blocking, deleting or removing from the Site any information or other material that you have posted or accessed.
Authorized Users: You may not upload any material to the Site or post any comment on the Site without first registering with us. Upon registering, you may select your user ID and password. You agree not to disclose your user ID or password to anyone, and you are responsible for all submissions and postings to the Site or other use of the Site made with your user ID and password. If you know or suspect that someone else knows your ID and password, contact us immediately at support@BioCrowd.com.
Responsible Use: We want to encourage Users to contribute to this Site, but please do so responsibly. You agree that you will not post or transmit unlawful, offensive or inaccurate material. You further agree that you will not use the Site to attack or harass any person, to collect personal data about other individuals, as a forwarding service to another website, or for any unlawful purpose. Bear in mind that we may identify you if we are requested or ordered to do so by a court or by any other competent authority.
Site Availability: The Site is provided on an 'as is' and 'as available' basis. We do not warrant that the Site, or any part thereof, will be available or operate in an uninterrupted or error-free manner, or that errors or defects will be corrected.
No Warranties: The Site is provided without warranties of any kind, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of informational content, or system integration. We do not guarantee the accuracy, integrity or quality of information, products or services that appear on the Site. We do not warrant that the Site will operate without interruption or will always be available.
Indemnification: You agree to indemnify, defend and hold harmless BioCrowd, Inc. and its officers, directors, employees, suppliers and agents, from and against any and all third party claims, losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting, directly or indirectly, from your use of, or inability to use, the Site or any of its services. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.
Limitation of Liability: Under no circumstances will BioCrowd, its staff or its service providers be liable for any errors or omissions in any posting, any information or material on the Site, the inability of anyone to access the Site, any error or corruption or breach of security resulting from transmission over any telecommunications network, or for any loss or damages of any kind incurred as a result of the use of the Site. We do not exclude or limit our liability for death or personal injury caused by our negligence or fraud on our part. We will not be liable for any indirect or consequential loss, or any loss of business, profit, revenue or goodwill, or loss or corruption of data, or lost or wasted time arising from your use of the Site or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
Termination: We have the right to discontinue your access to the Site, and that of any other party as well, at any time and for any reason or for no reason. We also have the right to discontinue operation of the Site at any time and for any reason or for no reason.
Electronic Communications: In connection with your use of the Site or any of its services, you agree to: (a) receive electronically information about the Site or other electronic records into which you are thereby entering; and (b) our recording and retaining: (i) any communication, electronic or otherwise, between us and you; (ii) any information and data you submit or otherwise post to the Site; and/or (iii) your activities while using the Site.
Miscellaneous: No delay, neglect or forbearance on our part in enforcing a right, remedy or privilege under this Agreement will be, or be deemed to be, a waiver, nor will it prejudice any of our rights. If any provision of this Agreement is held to be unenforceable, illegal or in some other way void, the unenforceable, illegal or invalid provision will not affect the remainder of the Agreement, which will continue in full force and effect. No addition or modification of any provision of this agreement that you propose will be binding on us unless made in writing and signed by our duly authorized representative. This Agreement is governed by the state laws of the State of New Jersey and the federal laws of the United States of America, and you agree to submit to the exclusive jurisdiction of the courts of the USA. The place of performance will be the USA.