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General Operating User Agreement - TERMS OF SERVICE

PLEASE PRINT A COPY AND KEEP FOR YOUR RECORDS (UPDATED 28TH JANUARY 2008)

This agreement (the "Agreement") describes the entire terms and conditions for accessing and using http://www.bioportfolio.com/ and all sub websites based on this URL and other URL's where the word bioportfolio is used in the address (the "Web Site") published by BioPortfolio Limited and partners, a company registered at, Wessex Barn, 8 Dorchester Road, Frampton, Dorset, DT2 9NB, in the United Kingdom ("Bioportfolio"). Reading and browsing the Web Site is free but limited to the terms and conditions presented below.

Copyright

Promotions (applicable to submissions)

Financials (applicable to buyers of products and services)

General

 

The following definitions apply to the Agreement:
the "Contents" - any information, data, text, graphics, images, links or computer code published on or contained within the Web Site.
"Promotion(s)" - includes press releases, corporate and personal descriptions/profiles, editorials, advertisements, products and services submitted to the Web Site for publication by Bioportfolio.
"User" - any individual which enters the Web Site.
"Supplier" - a User that submits text, graphics, data, information and trademarks for publication on the Web Site.

Copyright

1. No part of the Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopying, recording or otherwise - without the prior written permission of Bioportfolio and the respective copyright or trademark owner. The Web Site and related files are the property of Bioportfolio as a collective work under copyright laws.
2. The Bioportfolio name and logo and all related product and service names, design marks and slogans are the trade names, service marks, or trademarks of Bioportfolio, and may not be used without the prior written consent of Bioportfolio.
3. Ownership of information, data, trademarks, corporate logos and graphics remain the property of their owner, which are supplied to Bioportfolio for restricted use on the Web Site and associated publications.

Promotions

1. Users are free to submit information and data (Promotions) to any part of the Web Site for example the BioCorporate database, BioEvents etc sections of the Web Site. Bioportfolio accepts no responsibility for the accuracy or contents of this information when published on the Web Site.
2. Promotions are accepted only on the express condition that the Supplier warrants that the information and graphics to be published do not contravene the Provisions of the Trade Description Act 1968 or any other relevant national and international legislation.
3. The name and address of the Supplier, whether for publication or not, must accompany each Promotion.
4. Bioportfolio reserve the right to decline or withdraw any Promotion, or make any alterations necessary to ensure conformity with our standards.
5. Although every effort is made to meet the wishes of Suppliers, Bioportfolio do not guarantee the insertion of any particular Promotion on a specified date, or at all.
6. It is the responsibility of the Supplier to check the correctness of each insertion of a Promotion. Bioportfolio assume no responsibility for the reception of errors in Promotions published on the Web Site. Suppliers must contact the Administrations Manager.
7. You agree that by posting or otherwise submitting information to the Web Site site, you grant and assign BioPortfolio Limited and its successors a non-exclusive, royalty-free, worldwide, perpetual, and non-revocable license to use, disseminate, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or in part, without any duty to account to you or provide prior notice. You also grant BioPortfolio, Limited the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
8. No liability is accepted for any consequences alleged to arise from an omission or inaccuracy in the publishing of any Promotion on the Web Site.
9. The placing of an order for the insertion of a Promotion shall amount to an acceptance of the above conditions, and any conditions stipulated by a Supplier or third party acting on behalf of a Supplier shall be void in so far as they conflict with the above conditions.
10. Bioportfolio do not accept liability for any loss or damage incurred by Suppliers allegedly arising in respect of loss, damages or non-receipt of email replies or links originating from the Web Site.
11. Submissions and the Contents published on the Web Site are for information purposes only and it is the responsibility of the User to identify and confirm the accuracy and suitability of the Contents, Promotions and Suppliers for whatever purpose.
12. The Web site may contain information about various products and services. When reviewing this information, be aware that you are responsible for your own investment and purchasing decisions concerning these products and services. In particular, you are responsible for analyzing any information you intend to rely upon and determining whether it is current, complete, and accurate.
13. In order to provide you with access to valuable information, BioPortfolio Limited may enter into business arrangements with a variety of third parties. As a result, BioPortfolio Limited. may receive compensation from or have other business arrangements with some of the persons or entities noted on the site. BioPortfolio Limited its employees, and others who provide content to the Web site may have financial interests in some of the entities, goods, and services noted on the site, and BioPortfolio Limited does not require its staff or other parties who supply content to Web Site to disclose such interests.
    Since the Web Site may contain information and opinions provided by numerous individuals and organizations, BioPortfolio Limited does not guarantee the accuracy, completeness, or usefulness of the information presented on the Web site. BioPortfolio Limited does not endorse the views, opinions or recommendations of any third party, nor does it advocate the purchase or sale of any goods or services, in particular any investments or securities.
14. No responsibility is accepted for damage or loss of artwork, graphics, text.

Financial Terms

1. As a Supplier you agree to pay all charges for the publication of submissions made to Bioportfolio at the price then in effect converted from English Sterling for your country of residence. All charges will be exclusive of value added (VAT), or sales or other taxes. Bioportfolio reserves the right to change prices or institute new charges at any time upon not less than (30) days' notice to Suppliers. All charges will be posted by Bioportfolio at the Web Site, and Users are responsible for reviewing pricing information to obtain timely notice of such changes).
2. Payment of your Bioportfolio account balance is due monthly and, unless you have a qualified business account, must be made by credit or debit card designated by you for Bioportfolio's use and transactions. If your Bioportfolio account is a qualified business account and is approved by Bioportfolio for corporate billing, charges will be accumulated, identified by Supplier identification number and invoiced on a monthly basis.
3. Charges are to be paid on a monthly basis in a currency in which billed. If the payment method for your Bioportfolio account is by credit or debit card and payment is not received by BioPortfolio from the card issuer or its agents, you agree to pay all the amounts due upon demand by Bioportfolio. Each time you submit information to be published on any of Bioportfolio's services, or allow or cause Bioportfolio services to be used for your personal or corporate advantage, you agree and reaffirm that Bioportfolio is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Bioportfolio, and you must refer to such agreement with respect to your rights and liabilities as a cardholder. You agree that Bioportfolio may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Bioportfolio may delay obtaining authorization from your card issuer until submission of the cumulative charges.
4. Your Bioportfolio set-up fees, and annual or monthly maintenance fees are payable in advance and are non-refundable. You agree that Bioportfolio may submit charges for your monthly maintenance fee and submissions made under the Bio-Mart and Bio-Vacancy schemes each month without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Bioportfolio could reasonably act on your notice.
5. You must promptly notify Bioportfolio of changes to:
   1. the account number or expiration date of your designated card;
   2. your billing address; and
   3. if your card is cancelled.
6. Bioportfolio reserves the right to suspend or terminate Promotions without prior notice upon rejection of any card charges or if your card issuer (or its agents or affiliates) seeks return of payments previously made to Bioportfolio when Bioportfolio believes you are liable for the charges. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Bioportfolio.
7. Any credits offered towards any submissions made to the Web Site are of no monetary value and may only be used to obtain a discount equivalent to the credit on the purchase of consultancy reports and directories published by Bioportfolio.

General

1. You agree not to use the Web Site for illegal purposes, or for the submission or transmission of material that is harassing, threatening, libelous, confidential, invasive of another's privacy, obscene, tortious or otherwise unlawful or objectionable. This includes the submission or transmission of any information which, if posted, would violate the contractual, intellectual property, or fiduciary rights of any other person or entity. You also agree not to use the Web Soite for the distribution of "spam", unsolicited mass distribution of e-mail, junk mail, chain letters or other commercial solicitations. Additionally, you agree not to submit or post any information which is not pertinent to the topic at hand.
2. Each User assumes full responsibility and all risks arising from use of the Web Site. The Contents are presented "AS IS" and may include technical inaccuracies or typographical errors.
3. This content is intended to be a general information resource in regard to the subject matter covered, but is provided solely on an "AS IS" and "AS AVAILABLE" basis as noted on this page. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. BioPortfolio is not engaged in rendering medical or similar professional services or advice, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe BioPortfolio's publication of this content as an endorsement by BioPortfolio of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
4. The period of this Agreement is limited to the Web Site remaining accessible to Users.
5. Bioportfolio cannot control and cannot edit all Suppliers Contents prior to transmission of the Web Site, nor can Bioportfolio ensure the prompt removal of inappropriate or unlawful Content after transmission.
6. Suppliers submissions and postings are not reviewed for truth or accuracy and do not represent the opinion, beliefs, or statements of Bioportfolio, the Web Site or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates.
7. Suppliers of any information to the Web Site are fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary rights.
8. Bioportfolio reserves the right to decline, withdraw or terminate access to the Web Site without notice, or make alterations to the terms and conditions of the Agreement at any time and at its sole discretion, by posting a new agreement on the Web Site.
9. This BioPortfolio Web site may contain links to web sites operated by other parties. The linked sites are not under the control of BioPortfolio, and BioPortfolio is not responsible for the content available on any other web sites linked to the Web site. Such links do not imply BioPortfolio's endorsement of material on any other site and BioPortfolio disclaims all liability with regard to your access to such linked web sites. BioPortfolio provides links to other web sites as a convenience to users, and access to any other web sites linked to this Web site is at your own risk.
   Unless otherwise set forth in a written agreement between you and BioPortfolio, you must adhere to BioPortfolio's linking policy as follows: (i) any link to BioPortfolio's Web site must be a text only link clearly marked "BioPortfolio" (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with BioPortfolio's names and trademarks, (iii) the link must "point" to the URL www.BioPortfolio.com and not to other pages within the BioPortfolio Web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with BioPortfolio Limited, (v) when selected by a user, the link must display the BioPortfolio Web site on full-screen and not within a "frame" on the linking web site, and (vi) BioPortfolio reserves the right to revoke its consent to the link at any time and in its sole discretion.
10. Medical Disclaimer:  The Web Site is intended for general informational purposes and can not answer personal health related questions or research questions.  If you are experiencing an emergency, call your local emergency medical personnel.  All treatment, lifestyle and dietary choices should be discussed with your health professional.  None of the content on this Web Site should be considered medical or psychological advice.  Bioportfolio does not give medical advice or diagnose medical and psychological conditions.  Although every effort is made to assure that information on the Web Site is accurate and current, knowledge in all scientific, medical and health fields are growing rapidly and all data is subject to change without notice.  All material we publish is sourced from third parties and should not be considered medical advice.  Bioportfolio cannot guarantee that all web pages reached through our website and search engine contain up to date, reliable, or even relevant information. You are encouraged to use discretion while browsing the Internet from links initiated at this website.  Bioportfolio therefore cannot be liable for any damages arising out of your use of or reliance on any content.  You should consult with your health care professional for specific advice relating to your medical questions or conditions. None of the information, statements and/or links contained on the website are intended to replace the attention or medical instructions from a health care professional. Only your practitioner can completely and appropriately assess your situation and make conclusive decisions regarding your care. Nothing on the Web Site is meant to imply a person should take actions toward medical treatment without the consent and/or supervision of her doctor or specialist.  It should not be used in place of a visit, call, consultation or the advice of a user's personal physician or other qualified health care provider. The treatment options presented herein should not be considered treatment instructions and we assume no liability for the outcome of any interventions listed on this website. No treatments should be tried without discussion with your personal medical practitioner.  Should you have any health care related questions or concerns, please call or see your physician without delay. Always consult with your physician or qualified health care provider before altering current care or embarking on a new treatment, drug or diet. You should never disregard medical advice or delay seeking it because of something you have read on the Web Site. Bioportfolio assumes no responsibility for how the health information on the website is used or interpreted. The information on the website is obtained through many different sources and the accuracy should be confirmed prior to use. The content of this website is not intended to be instructional for medical diagnosis or treatment.  Likewise, physician and other qualified health care providers are encouraged to confirm through use of other sources (e.g. textbooks, medical journals, specialty physician consultation, etc.) the accuracy of the information found within this Web Site and on other websites that may be reached through the search engine and other links.  The information should not be considered complete, nor should it be relied on to suggest an appropriate course of treatment for a particular individual. Clinicians are strongly encouraged to follow their institutional policies and procedures and consult supervisory personnel as needed.
11. Warranty Disclaimer: Bioportfolio, the Web Site or its affiliates or their respective employees, agents or independent contractors makes no warranties, representations or conditions with regard to any of the Web Site's Contents, services or products, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade (and to the quality, performance or fitness for a particular purpose of the Web Site).
12. Limitation to Damages: Under no circumstances shall Bioportfolio or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates be held liable for any indirect, incidental, special or consequential damages, even if Bioportfolio has been advised of the possibility of damages, (including, without limitation, damages for losses whether of a personal, public, institutional or corporate nature, loss of any revenues or profits) arising in contract, tort or otherwise from the use of or inability to use the Web Site, or any of the Contents contained in it, or from any action or decision taken as a result of using the Web Site or the Contents. Bioportfolio's liability to you for breach of this Agreement is limited to the amount actually paid (if any) by you for access to and use of Bioportfolio's services. You hereby release Bioportfolio from any and all obligations, liabilities and claims in excess of this limitation.
13. Indemnification: You agree to indemnify Bioportfolio from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon your submissions to the Web Site that are subsequently published by Bioportfolio on the Web Site, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.
14. No confidential relationship shall be established in the event that any User of this Web Site should make any oral, written or electronic response to Bioportfolio (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and Bioportfolio shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
15. Data Protection: From time to time Bioportfolio permits other selected organisations to offer services and products directly based on details submitted to the Web Site. If you do not wish your details to be used in this way please email the Administrations Manager.
16. Nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
17. Bioportfolio shall have no liability to Users for any interruption or delay in access to the Web Site irrespective of cause.
18. The Agreement will be governed by English Law. The English courts will have exclusive jurisdiction over any disputes arising under this agreement.

PLEASE PRINT A COPY AND KEEP FOR YOUR RECORDS