Terms and Conditions

PolyPops Development Foundation and Microplate.org (collectively the "Foundation") provides this web site and bulletin board system (collectively, the "Service") subject to your compliance with the terms and conditions below. Please read this agreement carefully before accessing the Service. By accessing the Service, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service.

Copyright

All contents are Copyright 2002 by PolyPops Development Foundation. All rights reserved.

Use of Microplate.org web site

You assume total responsibility and risk for your use of the Service. The Foundation does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any information or services provided through the Service, and shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the Service.

No Service Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information found on the site shall create a warranty. The Foundation does not warrant that the Service will be uninterrupted or error free.

Under no circumstances shall the Foundation be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the Service, or your reliance on or use of information or services on or through the Service.

If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of the Foundation in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

User Conduct On the Service

While using the Service, you may not:

restrict or inhibit any other user from also using the Service;
post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post or transmit any information or other material which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. and International copyright laws.
The Foundation has no obligation to monitor the Service. However, you agree that the Foundation has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its users. The Foundation will not intentionally monitor or disclose any private electronic-mail message unless required by law. The Foundation reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Failure to Comply With Terms and Conditions

The Foundation may deny you access to all or part of the Service without notice if you engage in any conduct or activities that the Foundation in its sole discretion believes violates any of the terms and conditions in this Agreement. You agree to defend, indemnify and hold the Foundation harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you, or in connection with the use of the Service or the placement or transmission of any message, information, or other materials by you.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

The Foundation's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

The Foundation may modify this Agreement from time to time by placing a notice of such modification in the "Terms and Conditions" area of the Microplate.org web site, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the "Terms and Conditions" area regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

This Agreement constitutes the entire agreement between you and the Foundation with respect to the Service.