Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Through this provision BIO seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512 or elsewhere in the law.
No Legal Advice
Nothing contained on BIO Sites is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between BIO and you by your using BIO Sites. The information provided on BIO Sites is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.
BIO SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BIO SITES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. BIO SITES INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BIO, ITS MEMBERS, ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES DO NOT WARRANT THAT BIO SITES AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT BIO SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT BIO SITES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, BIO, AND ON BEHALF OF ITS MEMBERS, ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO BIO SITES. YOUR USE OF BIO SITES IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BIO, ITS MEMBERS, ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, BIO SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BIO'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless and upon request defend, BIO, its members, any affiliated companies, its licensors, and its employees from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of BIO Sites and/or breach of these Terms. BIO reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the BIO in asserting any available defenses.
BIO Sites are maintained by or on behalf of BIO, located in the District of Columbia, United States of America. We make no representation that these materials are appropriate or available for use in any particular location. If you use a BIO Site, you are responsible for compliance with applicable laws. By downloading or using content or features of a BIO Site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.
BIO makes no representation that materials on BIO Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access BIO Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
Software available through BIO Sites is subject to U.S. export controls. No software available from a BIO Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. now or in the future embargoes goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Denial Orders, or anyone subject to any other U.S. export restrictions. By downloading or using any software available on a BIO Site or from a link to a BIO Site, you agree to the foregoing and you warrant that you are not located in, under the control of, or a national or resident of any such country on any such list, or otherwise in violation of U.S. export restrictions.
CHOICE OF LAW AND FORUM