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Terms of Service
- ACCEPTANCE OF TERMS
Welcome to BioMedGate.com. BioMedGate.com provides its service to you
subject to the following terms of service.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or BioMedGate.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, BioMedGate.com
has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
- BioMedGate.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full privacy
policy
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and member account designation upon completing
the registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to
immediately notify BioMedGate.com of any unauthorized use of your password
or account or any other breach of security. BioMedGate.com cannot and will
not be liable for any loss or damage arising from your failure to comply
with this Section 4.
- MEMBER CONDUCT
You understand that all information, data, text, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated.
This means that you, and not BioMedGate.com, are entirely responsible for
all Content that you upload, post, e-mail or otherwise transmit via the
Service. BioMedGate.com does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will BioMedGate.com be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise
transmit any Content that :
(a) is unlawful, defamatory, obscene, invasive of another's
privacy, hateful, or otherwise objectionable;
(b) you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information );
(c) infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party; or
(d) interferes with or disrupts the Service or servers or networks
connected to the Service
BioMedGate.com and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content..
You acknowledge and agree that BioMedGate.com may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms of Service; (c)
respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of BioMedGate.com, its
users and the public.
- INDEMNITY
You agree to indemnify and hold BioMedGate.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post to
or transmit through the Service, your use of the Service, your connection to
the Service, your violation of the Terms of Service, or your violation of
any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
- MODIFICATIONS TO SERVICE
BioMedGate.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that BioMedGate.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
- TERMINATION
You agree that BioMedGate.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if BioMedGate.com believes that you
have violated or acted inconsistently with the letter or spirit of the Terms
of Service. BioMedGate.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service may be
effected without prior notice, and acknowledge and agree that BioMedGate.com
may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Service. Further, you agree that BioMedGate.com shall not be
liable to you or any third-party for any termination of your access to the
Service.
- BioMedGate.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by BioMedGate.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BioMedGate.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BioMedGate.com MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM BioMedGate.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BioMedGate.com SHALL NOT BE LIABLE
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 BioMedGate.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17
MAY NOT APPLY TO YOU.
- DISCLAIMER REGARDING SEARCH
Search and Directory are free services offered by BioMedGate.com. Because
the Web changes constantly, no search engine technology can possibly have
all accessible sites at any given time. Thus, BioMedGate.com explicitly
disclaims any responsibility for the Content or availability of information
contained in our search index or directory.
- TRADEMARK
BioMedGate.com, the BioMedGate.com logo, trademarks and service marks, and
other BioMedGate.com Network logos and product and service names are
trademarks of BioMedGate.com. Without BioMedGate.com's prior permission, you
agree not to display or use in any manner, the BioMedGate.com Marks.
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