• Introduction
• Use of Material, Services, and Products
• Acceptable Site Use
• User Content
• BioSymposia's Liability
• Limitation of Liability
• Links to Other Sites
• Termination
• Indemnity
• Governing Law
• General

1. Introduction

This page states the Terms and Conditions under which you may use www.biosymposia.org (the "Web Site"). Please read this page carefully. If you do not accept these Terms and Conditions, do not use this Web Site.  By using this Web Site in any manner, including without limitation browsing, accessing, linking, and/or downloading information from this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. If you are using the Web Site on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. BioSymposia may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Web Site for any reason.

Please note that BioSymposia provides the scientific and clinical information on the Web Site for the education of health care professionals only. IT IS NOT MEDICAL ADVICE and is not meant to substitute for the advice or personal attention of health care professionals.

2. Use of Material, Services, and Products

The site contains information primarily intended for U.S. residents. Services described or otherwise offered directly through the Web Site by BioSymposia, including without limitation, online seminars or other online educational activities, contests, RSS Feeds, webcasts, and online registration for events or conferences, ("Services") or products described or otherwise offered directly through the Web Site by BioSymposia, including without limitation presentations, manuals, books, monographs, or other educational text, ("Products") may or may not be available in other countries or regions of the world, and may or may not be subject to government regulation in other countries or regions of the world.

The contents of this Web Site, such as text, design, graphics, drawings, images, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Web Site and the selection and arrangements thereof ("Material"), are owned by BioSymposia and its licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.

Subject to the Terms and Conditions, BioSymposia grants you a non-exclusive, non-transferable, limited license to view and download a single copy of the Material on the Web Site solely for your personal use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell, license, rent, or modify or attempt to modify or create derivative works from the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You may not copy or adapt the HTML or other code that BioSymposia uses to generate its pages. This code is also protected by BioSymposia's copyright.

3. Acceptable Site Use

General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Security Rules: You are prohibited from violating or attempting to violate the security of the Web Site and from using the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any part of the header information in any e-mail or newsgroup posting.  Violations of system or network security may result in civil or criminal liability.  BioSymposia may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.

Specific Prohibited Uses: BioSymposia specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following:

• distributing or otherwise publishing, without BioSymposia's written approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
• soliciting other users of the Web Site to join or become members of any commercial online service; or
• deleting or revising any material posted by any other person or entity.

4. User Content

Except as provided below, BioSymposia does not own any information, data, plans, presentations, studies, ideas, descriptions of processes, abstracts, or any other information submitted, posted, reproduced, published, distributed, or otherwise transmitted to BioSymposia by you through the Web Site or in connection with any Products or Services ("User Content"). By submitting, posting, or otherwise making User Content available to BioSymposia, or available to any individual or entity through the Web Site, Products, Services, or Materials, including other Web Site users, you hereby grant BioSymposia a non-exclusive, royalty-free, paid-up, worldwide, sublicensable license to display, reproduce, modify, adapt, translate, distribute, publish, and transmit the User Content in any media for the purposes of formatting, maintenance, repair, protection, organization, or other administration of the Web Site, Products, Services, and Materials and to use such User Content in the ordinary course of BioSymposia's, or its designated third parties', provision of the Web Site, Products, Services, and Materials (including without limitation the inclusion of the User Content in promotional and educational materials).  You hereby release, discharge and agree to hold harmless BioSymposia, its officers, directors, employees, representatives, agents, contractors, affiliates, third party participants in educational activities (such as speakers), successors or assigns and any person or entity publishing and/or distributing the User Content, in whole or in part, from and against any liability, claim, or cause of action arising from the use, reproduction, display, publication or broadcasting of the User Content in accordance with this license.  This paragraph (and the ownership and license provisions with respect to User Content contained within this paragraph) are subject to, and will be superseded by, any express agreement concerning ownership or licensure of User Content between BioSymposia and any individual or entity using the Web Site (including without limitation, authors of educational materials, speakers at educational activities, or individuals submitting abstracts) or any specific release executed by such individual or entity in favor of BioSymposia.

There may be situations in which BioSymposia will ask you for personally-identifiable information such as your name, mailing address, and email address. For example, we may request such information when you sign up to receive email notices about upcoming educational activities or register online through the Web Site for our educational activities. Such information is provided and stored subject to our Privacy Policy, the terms and conditions of which are incorporated herein. You hereby represent and warrant that any and all information provided by you during any such submission is accurate and that you have been properly authorized to submit such information.

5. BioSymposia's Liability

The Material (including without limitation any information posted by another user) may contain inaccuracies or typographical errors. BioSymposia makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any User Content.  You also agree that you are solely responsible for actions and communications undertaken or transmitted during your use of the Web Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Web Site or in respect of the Material and User Content.

BIOSYMPOSIA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL OR USER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIOSYMPOSIA IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL (INCLUDING USER CONTENT) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BIOSYMPOSIA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIOSYMPOSIA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, USER CONTENT, PRODUCTS, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

6. Limitation of Liability

IN NO EVENT WILL BIOSYMPOSIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, AFFILIATES, THIRD PARTIES INVOLVED IN EDUCATIONAL OR ANCILLARY ACTIVITIES, OR SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL AND THEIR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE MATERIALS IS LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY.  SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BIOSYMPOSIA'S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

7. Links to Other Sites

The Web Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by BioSymposia of the contents on such third-party web sites. BioSymposia is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.

BioSymposia cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from BioSymposia, since these sites are owned and operated by independent third parties. BioSymposia does not endorse any of the services or merchandise, nor has BioSymposia taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. BioSymposia does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

8. Termination

BioSymposia reserves the right, at its sole discretion, to immediately terminate your ability to access the Web Site and/or any other service provided to you by BioSymposia, upon any breach by you of these Terms and Conditions.

9. Indemnity

You agree to defend, indemnify, and hold harmless BioSymposia, its officers, directors, employees, representatives, agents, contractors, affiliates, third parties involved in educational or ancillary activities, and successors or assigns from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or the Material or the submission of User Content or your breach of the terms of these Terms and Conditions or in connection with your use of the Products or Services. BioSymposia will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.

10. Governing Law

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. You and BioSymposia expressly disclaim the U.N. Convention on Contracts for the International Sale of Goods. Jurisdiction of any claims arising under these Terms and Conditions will lie exclusively with the state or federal courts within Boston, Massachusetts. You acknowledge that the Web Site, Material, User Content, Products, and Services may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Web Site, Material, User Content, and/or any Services, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. You agree that the Web Site, Material, Products, and/or any Services, or any part thereof, will not be shipped, transferred, downloaded, distributed, or exported into any country or used in any manner prohibited by the United States or any other applicable export control law, restriction, or regulation.

11. General

BioSymposia makes no claims that the Materials or User Content may be lawfully viewed or downloaded outside of the United States. Access to the Materials or User Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. BioSymposia's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. Waiver by either party of a breach of any provision of the Terms and Conditions or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. Except as expressly provided in an end user software license, or in a "Legal Notice", Privacy Policy, other statement by BioSymposia on the Web Site, or separate express agreement between BioSymposia and you, these Terms and Conditions constitute the entire agreement between you and BioSymposia with respect to the use of Web Site. No changes to these Terms and Conditions may be made except by a revised posting on this page.

Last updated October 2006.