Terms of Use - Terms of Use - Maine Institute for Human Genetics and Health

Terms and Conditions of Use

Welcome to www.mainegenetics.org brought to you by Maine Institute for Human Genetics and Health, Inc. (“MIHGH”) (Please feel free to browse, enjoy, and learn about our Services. MIHGH provides its Services to you, subject to the following Terms of Use that may be updated from time to time without notice.

You can review the most current version of our User Gateway software at any time through http://www.mainegenetics.org (“Site”). MIHGH may offer Services other than those offered on the Site from time to time that may be governed by different Terms of Use.

By accessing, browsing, and using www.mainegenetics.org, you accept, without limitation or qualification, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Site.

1. Service

This Site is intended solely for users who are at least eighteen (18) years or older. Any registration by, use of or access to the Site by anyone who is under eighteen (18) is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are eighteen (18) or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

The www.mainegenetics.org Site comprises several modules ("Services") including, without limitation, descriptions of the program and staff. MIHGH may add additional features to the current Site or change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these Terms and Conditions. MIHGH accordingly recommends that you revisit these Terms and Conditions from time to time to be aware of any updates or changes to the Terms and Conditions.

You acknowledge and agree that the Services are provided "AS IS" and that MIHGH assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalizations.

In order to use the Site, you must obtain access to the World Wide Web, either directly through devices that access web-based content, and are required to pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

2. Privacy Policy

Because like you, we are Internet users concerned about privacy, we accordingly are concerned about your right to privacy while accessing and using its Services. Please take the opportunity to review our Privacy Policy, located at http://www.mainegenetics.org

3. User Gateway Registration

To get started with the User Gateway, you will need to obtain an account and password. You are welcome to provide information about yourself in the Personal Profile section of the Site. You must immediately notify MIHGH of any unauthorized use of your account(s), and you are responsible for any unauthorized charges made on or through your account(s) until MIHGH receives notification thereof. You agree to (a) notify MIHGH of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session in order to avoid unauthorized use of your account. MIHGH cannot and will not be responsible for any loss or damage arising from your failure to comply with this section.

You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including someone under age eighteen (18), to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are under age eighteen (18), MIHGH reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request. For additional information on how we use your information, please see our Privacy Policy.

If you reside in the European Union, upon obtaining a Password for the use of the Site, you will be indicating your explicit consent that the personal information in the Personal Profile section that has been provided may be transferred and stored in countries outside the European Union, including in the United States. If you fail to provide your consent, you will not be permitted to access the Services. Your personal information shall only be used in accordance with the MIHGH Privacy Policy.

4. Copyright

You acknowledge that www.mainegenetics.org Site, any underlying technology used in connection with this site, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Site are protected by U. S. patent, copyright and trademark laws. Except as expressly authorized by MIHGH or third party owner, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part, except as permitted as set forth in this Terms and Conditions or as permitted by the Services. You may not store any of the Content or the Services owned by, or licensed to MIHGH in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.

You may download and print a reasonable number of copies of Content for non-commercial personal or educational use only, provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by MIHGH or by the third-party provider on the Web page containing the applicable Content. You acknowledge that MIHGH and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.

5. Links

Some links on the MIHGH Site may lead to websites posted by independent site owners. Because MIHGH has no control over these sites, MIHGH is not responsible for such websites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, MIHGH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods, or services available on or through any other website. Further, the inclusion of these links on MIHGH’s website does not imply that the other websites have given permission for inclusion of these links, or that there is any relationship between MIHGH and the linked websites. MIHGH is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection where MIHGH would be responsible for the actions of their respective owners.

6. Conduct

You may only access the www.mainegenetics.org Site and its Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable Content; (iii) upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of or the Services, (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.

You acknowledge that MIHGH does not pre-screen Content, but that MIHGH shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available through its Site. Without limiting the foregoing, MIHGH has the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable without notice thereof. You agree and acknowledge that MIHGH may preserve Content and may disclose Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms and Conditions, respond to claims that any Content violates the rights of third parties or protect the rights, property or personal safety of MIHGH, its users and the public.

7. Disclaimer of Warranty

MIHGH IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY SITE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE SERVICE.

YOU AGREE THAT YOUR ACCESS OF THE WWW.MAINEGENETICS.ORG WEBSITE, AND YOUR USE OF THE SERVICES OFFERED THEREWITH IS AT YOUR OWN RISK. NEITHER MIHGH, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES OR SOFTWARE MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.

ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL MIHGH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF MIHGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE MIHGH SITE, OR THE USE ANY OTHER SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MIHGH’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES MIHGH’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.

NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF MIHGH.

8. Indemnification

You agree to indemnify and hold MIHGH, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the Terms and Conditions.

9. Trademark Notice

MIHGH and MIHGH own several trademarks, including “Maine Institute of Human Genetics and Health”, “MIHGH” “BioGeoBank” and “User Gateway”. Any unauthorized use of the trademarks of MIHGH will subject you to a claim of trademark infringement. All other trademarks, service marks, trade dress, and logos used on the Site or other Services are the trademarks, service marks, trade dress, and logos of their respective owners.

10. Designated Agent

All inquiries into alleged copyright, trademark or other intellectual property infringement on the www.mainegenetics.org Site or its Services should be sent to MIHGH.

11. Local Laws; Export Control

MIHGH controls and operates the Site from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use www.mainegenetics.org and its Services from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries, such as India. MIHGH also disclaims responsibility for any User attempting to do business with this Site from countries with which the United States has specifically banned from trade and commerce, such as Cuba, Iraq, Syria and others as listed on the U.S. Department of State’s website. MIHGH will not register any User from any barred country. Unless otherwise explicitly stated, all marketing or promotional materials found on the www.mainegenetics.org Site and its Services are solely directed to individuals, companies, or other entities located in the United States.

12. Modifications to the Service

MIHGH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or the any other Services (or any part thereof) with or without notice. You agree that MIHGH will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

13. Termination

You may discontinue your participation in and access to www.mainegenetics.org. at any time. The Terms and Conditions will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that MIHGH may terminate or block your use of all or part of the use of the Site, without prior notice for any reason, including, without limitation, if MIHGH believes you have engaged in conduct prohibited by this Terms and Conditions. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the MIHGH websites and use of the Services.

14. General

By accessing www.mainegenetics.org, you agree to the above stated Terms and Conditions. This Agreement is entered into in the State of Maine and shall be construed in accordance with the laws of the State of Maine, exclusive of its choice of law rules. Each party to this Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Maine, Penobscot County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this Terms and Conditions are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Terms and Conditions shall otherwise remain in full force and effect. This Terms and Conditions and any posted guidelines or rules applicable to certain Services within this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the Terms and Conditions through our Contact Us webpage.

Last updated: May 15, 2012