Terms of Use

IMPORTANT – THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BIOCONVERSATIONS. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY THEM.

1. CONDITIONS ON USE OF WEBSITE. BiConversations makes this website (the “ Website”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all information and Materials provided by BioConversations (“BioConversations Content”) and all services operated by BioConversations and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that BioConversations may publish from time to time (collectively, the “Terms of Use”) and further subject to the Privacy Statement on the Website. These Terms of Use shall also govern your reproduction and distribution of content that you create or that you are authorized to reproduce and distribute (“User Content”)

2. USE INDICATES CONSENT TO THESE TERMS. By accessing or using this Website in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Website, you agree to and are bound by these Terms of Use.

3. RIGHT TO CHANGE TERMS OF USE. BioConversations reserves the right to change the Terms of Use and other guidelines or rules posted on the Website from time to time at its sole discretion. Your continued use of the Website, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Website at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates.

4. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS. The Materials and Services on this Website, as well as their selection and arrangement, are protected by copyright, trademark and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Website may violate such laws and these Terms of Use. Except as expressly provided herein, BioConversations and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

5. ACCESS TO THIRD PARTY SERVICES. In addition to the Materials and Services offered by BioConversations, this Website may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements and privacy policies that accompany such services. BioConversations offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by BioConversations. You agree that you will not hold BioConversations or its collaborative entities responsible or liable with respect to the Third Party Services or seek to do so.

6. USE OF CONTENT LIMITED. Except as expressly indicated to the contrary elsewhere on this Website, you may view, download, and print the BioConversations Content and User Content available on this Website subject to the following conditions:

A. The BioConversations Content and User Content may be used solely for personal, informational, and internal purposes.

B. The BioConversations Content and User Content may not be modified or altered in any way.

C. The BioConversations Content and User Content on the Website may not be distributed or sold, rented, leased, or licensed to others.

D. You may not remove any copyright or other proprietary notices contained in the BioConversations Content and User Content.

E. BioConversations reserves the right to revoke the authorization to view, download, and print the BioConversations Content and User Content available on this Website at any time, and any such use shall be discontinued immediately upon notice from BioConversations.

F. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the BioConversations Content and User Content available on this Website are not applicable to the design or layout of this Website. Elements of this Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

7. TRADEMARKS. The trademarks, logos, and service marks (“Marks”) displayed on this Website are the property of BioConversations or other third parties. You are not permitted to use the Marks without the prior written consent of BioConversations or such third party that may own the Marks.

8. LICENSE TO BioConversations FOR USER- GENERATED CONTENT. Certain Services offered through this Website accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Website you grant BioConversations one of the following types of licenses:

A. For User Content that is the result of your creative efforts and which is intended to be displayed on the Website, you grant BioConversations a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant BioConversations the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Website. This license will be in effect until such User Content is removed from the Website.

B. For User Content such as comments to BioConversations on user forms, reports or suggestion forms, you grant BioConversations and the users of this Website an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that BioConversations is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.

9. ACCEPTABLE USE. You may submit only User Content to the Website that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such User Content, or © in the public domain. You shall be solely responsible for: (a) the User Content you create or which you upload by means of the Website; and (b) the consequences of posting, distributing or publishing the User Content. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Website. In using the Website, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked sites; not to upload, post, or otherwise transmit through the Website any viruses or other harmful, disruptive, or destructive files or disabling code; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from BioConversations; not to access or attempt to access any Materials or Personal Information which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites.

10. REMOVAL OF CERTAIN CONTENT AND COMMUNICATIONS. BioConversations reserves the right, in its sole discretion, to delete or remove User Content from the Website and to restrict, suspend, or terminate your access to all or part of this Website, at any time without prior notice or liability. BioConversations may, but is not obligated to, monitor or review any areas on the Website where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, BioConversations will have no liability related to User Content. BioConversations disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

11. WARRANTIES AND DISCLAIMERS. Except as expressly provided otherwise in a written agreement between you and BioConversations or you and a third party with respect to such party’s materials or services, this Website, and all Materials and Services accessible through this Website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, BioConversations and its collaborative entities make no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Website will meet your expectations; and (v) any errors in the Services or Materials obtained through the Website, or any defects in the Website, its Services or Materials, will be corrected. This Site may include technical or other mistakes, inaccuracies, or typographical errors. BioConversations may make changes to the Materials and Services at this Website at any time without notice. The Materials or Services at this Website may be out of date, and BioConversations makes no commitment to update such Materials or Services.

12. NO ENDORSEMENT. You understand and acknowledge that (i) BioConversdations and it affiliated entities do not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Website, including, without limitation, third party vendors and third parties accessible through links on the Website; (ii) BioConversations and its collaborative entities make no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) BioConversastions shall not be liable or responsible for any content, products, or services offered by third parties.

13. ASSUMPTION OF RISK BY YOU. The use of the Services or the downloading or other use of any Materials through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. BioConversations and its collaborative entities assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Website or in connection with any Services or Materials offered through the Website. No advice or information, whether oral or written, obtained by you from BioConversations or through or from the Website shall create any warranty not expressly stated in these Terms of Use.

14. DISCLAIMER OF PROFESSIONAL ADVICE. The Website may contain information on legal, medical, health and wellness topics. However, no warranty is made that any of the information is accurate, complete or suitable in all cases in which you may attempt to apply such information. BioConversations and its collaborative entities can provide no assurance that any statement contained on the Website regarding subject matter is true, correct or precise. Information provided by BioConversations cannot substitute for the advice of a licensed professional who can apply it to the particular circumstances of your situation. Please contact competent professionals for legal and medical advice. Neither BioConversations or its collaborative entities or any of the individual contributors or anyone else connected to the presentation of the Website can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this Website.

15. PERSONAL INFORMATION AND PRIVACY. Except as otherwise expressly set forth herein, your Personal Information will be deemed to be confidential to the extent described on our Privacy Statement. With the exception of certain types of User Content, any non-personal information or material sent to BioConversations will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of BioConversations or others or as otherwise described in our Privacy Statement.

16. LIMITATION OF LIABILITY. In no event, including, without limitation, negligence, shall BioConversations, its collaborative entities, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you,or any other associated person or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not BioConversations has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Website, its Services, or Materials, the statements or actions of any third party on or through the Website, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Website that are delayed or interrupted, or any website referenced or linked to or from this Website.

17. INDEMNITY AND LIABILITY. You agree to indemnify and hold BioConversations, and its collaborative entities, affiliates, officers, directors, agents, partners and employees, or any affiliated persons harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Website (including, without limitation, any User Content or computer viruses or disabling code), your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

18. CAPACITY. You affirm that you are either18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Website and most, if not all of the Third Party Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

19. GOVERNING LAW AND JURISDICTION. This Site (excluding linked sites) is controlled by BioConversations from its offices within the state of Connecticut, United States of America. By accessing this Website, you and BioConversations agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Connecticut, without regard to the conflicts of laws principles thereof. You and BioConversations also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Connecticut with respect to such matters.

20. MISCELLANEOUS. The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between BioConversations and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by BioConversations to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

Bioconversations.
3000 Whitney Avenue
Hamden, CT 06518

For general inquiries, we can be reached via e-mail at info<at>bioconversations<dot>.or


Terms of Use Updated May 3, 2010