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BIOCATALYST

WEB SITE

ACCEPTABLE USE POLICY

BioCatalyst International, Inc. (hereinafter "BioCatalyst" ), provides the information and services available on its Web site located at http://www.biocati.com (the "Site") under the following terms and conditions.  For purposes of this Policy, "you" means your self, including any entity you represent in connection with your use of this Site.

This Acceptable Use Policy (“Policy”) applies whenever you use the Site or the information about services provided on the Site (collectively, the "Services"). If you do not accept the terms of this Policy, you may not use the Site or Services.

BioCatalyst reserves the right to modify this Policy at any time. You are encouraged to check this Policy each time you access the Site.  Your continued use of this Site indicates you agree to the terms of the most current version of this Policy posted online.

1.      USE OF SITE AND SERVICES. BioCatalyst grants you a limited, non-transferable license to use this Site, subject to and in accordance with the terms and conditions of this Policy. You agree not use the Site or Services in connection with any prohibited uses described in Section 10 below or in any other manner that violates any laws, rules or regulations.  In certain areas, federal, state or foreign legal requirements may restrict our ability to offer the Site or Services. BioCatalyst may, in its discretion, block access to the Site if you violate this Policy.

2.        COPYRIGHT AND TRADEMARKS. The information available on or through this Site, along with all graphics, images, text, information, sounds and other content and modifications thereof (collectively "Content") is the property of BioCatalyst, or its licensors, and is protected by copyright, trademark, service mark and other intellectual property rights. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any Content available on or through this Site for commercial or public purposes. All rights, title and interest in the trade dress, selection and arrangement of the Content are reserved to BioCatalyst and its licensors.  Permission is granted to electronically copy and print hard copies of pages from the Site solely for your internal, personal use, and any such copies must bear the copyright notice included on each Web page. 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BioCatalyst’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

BioCatalyst’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

  BioCatalyst International
  700 Harris St., Suite 203
  Charlottesville , VA 22903
  USA
     

Phone:

  +1 (434) 817-0440

Fax:

  +1 (434) 817-0446

Toll Free within the US:

  1-866-369-7605
   

E-mail:

  general.cville@BioCatalystIntl.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

3.            LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites, including, but not limited to, sites of Service Providers. The links are only provided as a convenience and BioCatalyst does not endorse any of these sites or the content, advertising, products and services available on or through such sites. BioCatalyst assumes no responsibility or liability for any material that may be accessed on other Web sites, even if reached through this Site, nor does BioCatalyst make any representation regarding the quality of any product or service available on or through any such site.

4.            LINKS FROM THIRD PARTY SITES. BioCatalyst prohibits unauthorized deep links to the Site and the framing of any information contained on the Site or any portion of the Site. BioCatalyst reserves the right to disable any unauthorized links or frames. BioCatalyst has no responsibility or liability for any material on other Web sites that may contain links to this Site.

5.            DISCLAIMER OF WARRANTIES. Detailed descriptions of biocatalyst services are available upon request. you acknowledge and agree that: (A) you will use THE site solely for informational purposes; (b) you will not rely on any information available on the site in connection with the purchase or sale of any securities or for OTHER investment purposes; (c) biocatalyst expressly disclaims all express and implied warranties AS services and results will vary on a client by client basis; AND (d) BIOCATALYST HAS NO OBLIGATION TO PROVIDE ANY SERVICES UNLESS AN ENGAGEMENT CONTRACT IS MUTUALLY EXECUTED, AND the terms of SUCH engagement contract shall supercede and cancel any conflicting information or representations HEREIN AND on the site.  NOTHING SHALL BE CONSTRUED TO REQUIRE BIOCATALYST TO TAKE ANY ACT, OR OMIT TO ACT, IN A MANNER THAT VIOLATeS ANY APPLICABLE LAW, RULE OR REGULATION.

Information and content provided on the site, whether original to BIOCATALYST OR from third parties, are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. BIOCATALYST doES not make any warranties or representations as to THE accuracy or completeness of information on this site.  BIOCATALYST periodically adds, changes, or updates the information on this Site without notice.  BIOCATALYST DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE IS ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. 

6.            LIMITATION OF LIABILITY; INDEMNITY. uNDER NO CIRCUMSTANCES SHALL BIOCATALYST OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS OR ASSIGNS (collectively, THE "BIOCATALYST PARTIES") BE LIABLE FOR, and you agree to hold harmless the biocatalyst parties from, ANY and all DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY AND PROPERTY DAMAGE) THAT RESULT FROM YOUR USE OF THE SITE OR SERVICES, RELIANCE ON INFORMATION ON THE SITE, OR INABILITY TO USE THE SITE, EVEN IF BIOCATALYST PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF BIOCATALYST PARTIES TO YOU FOR ALL CLAIMS SHALL NOT EXCEED $50. SOME JURISDICTIONS RESTRICT OR PROHIBIT LIMITATIONS OF LIABILITY, IN WHICH CASE THE FOREGOING PROVISIONS MAY NOT APPLY TO YOU, BUT SHALL BE “BLUE PENCILED” BY A COURT OF LAW TO ACHIEVE ITS OBJECTIVE.

You agree to hold harmless, INDEMNIFY AND DEFEND BIOCATALYST parties from any and all claims and liabilities arising from use of the site and/or services, including, without limitation, acts or omissions OF SERVICE PROVIDERS.

7.            PRIVACY. Protecting customer privacy is important to BioCatalyst. Please read the BioCatalyst Privacy Statement, which describes how we use, maintain and share personally identifiable information.

8.            SECURITY. BioCatalyst uses commercially reasonable efforts to protect the security of your data submitted on or through the Site.  However, the security of information transmitted through the Internet can never be guaranteed. BioCatalyst is not responsible for any interception of any communications through the Internet or Site or for changes to or losses of data.

9.            TRANSMISSION OF DATA. You acknowledge and agree that any information or data submitted to the Site becomes the property of BioCatalyst, subject to any applicable laws regarding the protection of customers’ personally identifiable and financial information.

10.         PROHIBITED USES.  You agree you will not directly or indirectly:  interfere with or compromise the operation of the Site or intercept, redirect or interfere with messages or data intended for transfer to other parties; access without authorization any computers, accounts or networks or penetrate any security features; interfere with the operation of this Site; transmit or distribute destructive information, such as a virus, or engage in mail bombings or distributed denial of service attacks; or tamper with any Content contained on the Site. You will not use any robot, spider or other automatic device or program to monitor or copy any of the data or content on this Site, or otherwise transfer any Site data or content for mass distribution or use in any commercial manner.

You represent and warrant that you have the capacity and authority to enter into legal binding agreements, including the authority to be bound to this Policy.  We are not required to accept any transactions from users who are less than eighteen (18) years of age.

We cannot guarantee that your use of the Site or Services, or purchase of Services through the Site, complies with laws outside of the United States.  You are solely responsible to comply with the laws of your jurisdiction, and you agree to hold us harmless from your violation of any such laws.

11.        SITE And services Availability. BioCatalyst’s objective is to make the Site accessible twenty-four (24) hours per day, seven (7) days per week.  However, BioCatalyst may interrupt, limit or suspend the Site operations at any time for purposes such as performing maintenance, addressing technical problems, conducting audits, and complying with applicable laws.  In addition, BioCatalyst may suspend, change, add, remove or discontinue any feature of the Site at any time and for any reason, without incurring any liability. BioCatalyst will make reasonable efforts to post notices on the Site in advance of material changes to the Site or Services.

12. TERMINATION OF ACCESS; REMEDIES.  In order to enforce this Policy, such as in the event of any breach or threatened breach, BioCatalyst may suspend and/or terminate your access to and use of the Site and/or Services without notice.  You understand and agree that BioCatalyst shall be entitled to receive preliminary injunctive relief without the necessity of posting bond, along with other equitable and legal remedies against you, with respect to its enforcement of this Policy. If BioCatalyst or its affiliates takes any legal action to enforce this Policy, it shall be entitled to reimbursement of reasonable attorneys’ fees and costs.

13.        JURISDICTION/GOVERNING LAW. You understand that you are purposely accessing this Site of BioCatalyst and communicating or transacting with BioCatalyst, which business maintains operations in Palm Beach County, Florida, USA; therefore, you agree that your use of the Site and Services, and this Policy, shall be governed by and construed in accordance with the laws of the State of Florida, USA, and applicable federal laws and regulations without regard to conflicts of law principals. 

14.        ARBITRATION.  Any controversy or claim (except for BioCatalyst's rights to injunctive relief, in accordance with Section 12), whether based on contract, tort or other legal theory arising out or relating to this Site and/or Policy shall be resolved exclusively by arbitration conducted in Palm Beach County, Florida. The arbitrator will be bound by the provisions of this Policy and by the rules and procedures of the American Arbitration Association.  The arbitrator’s awards and decisions shall be final and binding upon the parties, and any decision rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. YOU AGREE THAT NO CLASS ACTION SHALL BE INITIATED OR MAINTAINED AGAINST ANY BIOCATALYST PARTIES.

15.        NO WAIVER; SEVERABILITY.  Any failure by BioCatalyst to enforce any of its rights under this Policy or applicable laws shall not constitute a waiver of such rights.  If any provision of this Policy shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions hereunder.

16.      AFFILIATES. For purposes herein, all provisions that protect BioCatalyst shall be construed to apply to the BioCatalyst Parties.

17.   CONTACT INFORMATION.  The contact information for BioCatalyst is:

  BioCatalyst International
  700 Harris St., Suite 203
  Charlottesville , VA 22903
  USA
     

Phone:

  +1 (434) 817-0440

Fax:

  +1 (434) 817-0446

Toll Free within the US:

  1-866-369-7605
   

E-mail:

  general.cville@BioCatalystIntl.com

© 2005 BIOCATALYST INTERNATIONAL, INC. ALL RIGHTS RESERVED

 

 
 
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(C) Copyright 2005, BioCatalyst International Inc. All Rights Reserved.