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TERMS
OF USE
The following
terms of use apply to BioSupplyNet (www.biosupplynet.com), which is referred
to throughout this document as the "Service."
1.
Limited License to Information.
BioSupplyNet,
Inc. has expended significant resources to accumulate the data, addresses,
contacts, articles, links to third party web sites, and other information
(collectively, the "Information") located on the Service. The user of
this Service, by making use of the Information, agrees and covenants
that BioSupplyNet, Inc. is not offering for sale or selling the Information,
but instead is granting a limited, royalty free, non-exclusive, revocable
license to make use of the Information presented on this Service for
the user's own, internal business purposes; provided however, that the
user understands and agrees that this license DOES NOT permit the user
to: (i) download files from the Service for use in competing in any
manner with BioSupplyNet, Inc.; (ii) sell the information downloaded
(or copied in another form) for money, barter, exchange, or other consideration;
(iii) redistribute the information for free to anyone (except bona fide
employees of the user who need the information for the user's own internal
business purposes); (iv) make any more than one copy of the information
provided herein; (v) make any other use or disclosure of the information
except as is specifically necessary for internal business purposes of
the user. As used herein, the term "business purposes" means: (a) with
respect to an individual not making use of the Service on behalf of
a business, the use of the information for his or her own personal,
family or household use; and (b) with respect to an individual making
use of the Service on behalf of a business, the use of the information
on behalf of the business to achieve a business objective (so long as
that objective is not to compete in any manner or form with BioSupplyNet,
Inc.). Except as granted herein, BioSupplyNet, Inc. does not grant any
other licenses or permissions to use the Information.
2.
No license to graphics or images.
The user
of this Service may not download any graphic or image file on the Service
without the express, written permission of, BioSupplyNet, Inc. Except
as applicable law may provide otherwise, BioSupplyNet does not consent
to the use of its name, or its servicemarks, by any person, except upon
written authorization. To the extent that the Service uses the trademarks,
servicemarks, tradenames, or other identifying information (collectively
the "Trademarks") of other companies other than BioSupplyNet, Inc.,
BioSupplyNet, Inc. is making fair use of those Trademarks for identification,
or is making use by permission. The owner of the Trademarks has not
consented to further use, distribution, copying or other modification
to, the Trademarks and BioSupplyNet does not have authority to license
such Trademarks.
3.
Electronic Communications.
The information,
queries, advice, facts, opinions or other content sent via e-mail by
users or third parties using the Service are those of the respective
authors and do not reflect the views of BioSupplyNet, Inc. BioSupplyNet,
Inc. assumes no responsibility or liability for these communications.
Whether or not any encryption system is in use in electronic transmissions,
BioSupplyNet does not warrant that information that is sent in an encrypted
format will be free from unauthorized reception or use by a person other
than the intended recipient.
4.
Links to Other Web Sites.
The Service
contains links to third-party World Wide Web sites and other resources.
BioSupplyNet does not assume responsibility for the reliability or content
of these outside sites and resources. Therefore, any concerns a user
may have regarding any other site should be directed to the relevant
site administrator or webmaster.
5.
Changes to the Service.
BioSupplyNet
may change, suspend or discontinue any aspect of the Service, at any
time without prior notice to users. BioSupplyNet may also impose limits
on certain features or services contained in the Service without prior
notice.
6.
Security.
Please
notify BioSupplyNet at 919-659-2294 promptly in the event of any known
or suspected loss, theft, or unauthorized disclosure of a user's access
password, if a password is required to access certain features of the
Service. Users are responsible for maintaining the confidentiality of
their Service password.
7.
Disclaimer of Warranty.
BioSupplyNet
makes no express or implied warranties, representations or endorsements
whatsoever (including, without limitation, warranties of title or non-infringement
or the implied warranties of merchantability or fitness for a particular
purpose) with respect to the Service, any products, merchandise, information
or services provided through or advertised on the Service, or the accuracy
or results obtained from the use of any products, merchandise, or information
or services provided through or advertised on the Service. BioSupplyNet
does not guarantee or warrant that any files available for downloading
through the Service will be free of infection by viruses or other code
that may contain contaminating or destructive properties.
8.
Disclaimers as to the Information.
While
every effort is made to report accurate and truthful Information, BioSupplyNet,
Inc. and/or its respective suppliers/contributors make no representations
about the suitability of the Information contained in the documents
and related graphics published on this Service for any purpose. All
such documents and related graphics are provided "as is" without warranty
of any kind and all warranties and conditions with regard to this Information,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and non-infringement are specifically
disclaimed.
9.
Limitation of Liability.
In no
event shall BioSupplyNet, Inc. have any liability for any incidental,
consequential, or indirect damages (including, but not limited to, damages
relating to loss of business, profits, goodwill, data, programs or information,
and the like) arising out of the use of or inability to use the Service
or any Information, advice, or services provided on or downloaded from
the Service or accessed on the Internet from the Service, even if BioSupplyNet
is advised of the possibility of such damages and regardless of the
cause of action under which such damages are sought, including, without
limitation, breach of contract, negligence or other tort. Because some
states do not allow the exclusion of implied warranties or the limitation
of liability for consequential or incidental damages, the above exclusions
and limitations may not apply to you. In such states, BioSupplyNet's
liability is limited to the greatest extent permitted by law.
10.
Third-Party Rights.
The provisions
of this Agreement are for the benefit of BioSupplyNet, Inc. and its
licensees, alliance partners, employees, and agents. Each of these individuals
or entities shall have the right to assert and enforce those provisions
on its own behalf.
11.
Miscellaneous.
BioSupplyNet,
Inc.' s failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. This Agreement, the relationship between a user and BioSupplyNet,
Inc. from this Agreement, and the resolution of any dispute arising
out of that relationship shall all be governed and construed in accordance
with the laws of the State of North Carolina, United States, without reference
to its conflicts of laws. Users agree that any legal action or proceeding
between a user and BioSupplyNet, Inc. for any purpose concerning this
Agreement or any obligations hereunder, shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in New
York. IN ANY ACTION BETWEEN BIOSUPPLYNET, INC. AND ANY PERSON WHO MAKES
A CLAIM FOR DAMAGES OR EQUITABLE RELIEF AS A RESULT OF USE OF THE BIOSUPPLYNET
SERVICE: (I) THE PARTIES AGREE AND COVENANT TO THE EXTENT PERMITTED
BY APPLICABLE LAW THAT THE MATTER SHALL BE TRIED TO THE COURT AND NOT
A JURY, BOTH PARTIES KNOWINGLY AND INTENTIONALLY WAIVING THEIR RIGHT
TO A JURY TRIAL; AND (II) BIOSUPPLYNET'S MAXIMUM LIABILITY IN ANY CASE
SHALL BE LIMITED TO THE LESSER OF THE AMOUNT OF THE TRANSACTION VALUE
ATTEMPTED IN MAKING USE OF THE SERVICE, OR $500. To the extent any provision
of these Terms and conditions are not enforceable, the parties agree
that the unenforceable provision shall be severable from this Agreement
and shall be stricken and the remaining provisions of the Terms and
Conditions shall remain enforceable.
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