The Scripps Research Institute BioGPS Website and Database

Terms of Use

The BioGPS website ("BioGPS") has been designed to provide you with access to a gene portal system that is maintained by The Scripps Research Institute ("TSRI"). TSRI authorizes you to access and use BioGPS and the data and information contained on this BioGPS website and database under the conditions set forth below.

BioGPS content can be searched and browsed without registering for an account. The BioGPS website allows for optional user registration that enables personalization features, including but not limited to saving gene lists and registering plugins. To register as a BioGPS user, you will need to choose a user name and password, and provide your email address. You may also provide your name and company and/or university affiliation to gain access to certain functions of BioGPS, such as sharing general and scientific data and plug-ins with other BioGPS users. Your name, email address and affiliation may be considered personal data depending upon your country of residence. We process the personal data in the United States for the purpose of creating your BioGPS user account and for user identification in relation to data sharing of general and scientific data and plug-ins. Privacy laws and regulations vary from country to country, and the United States provides a level of privacy protection that is less strict than the EU and other countries such as Switzerland.

By providing your email address and optionally your name and affiliation in creating a BioGPS user account, you hereby consent to the collection and use of your personal information in accordance with TSRI's privacy policies, available at http://www.scripps.edu/terms_of_use.html. If you choose to withhold any personal data requested by us, it may not be possible for you to gain access to certain functions of BioGPS.

You also agree that you will ensure that any copies of documents you generate by using BioGPS shall retain and display all copyright and other proprietary notices contained therein. TSRI has attempted to provide accurate and current information on BioGPS. However, TSRI makes no representations or warranties that the information contained or published on BioGPS will be suitable for your specific purposes or for any other purposes. You agree to indemnify, defend, and hold TSRI harmless from all claims, damages, liabilities and expenses, including without limitation reasonable attorney's fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arise out of or relate to your use of BioGPS and/or use of the other third party websites referenced herein.

ALL INFORMATION AND DATA PROVIDED ON BIOGPS IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. TSRI MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING BIOGPS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, COMPLETENESS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION THAT YOUR USE OF BIOGPS WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY. FURTHER, TSRI SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO BIOGPS, THE USE OF, OR INABILITY TO USE, ANY OF THE INFORMATION OR DATA CONTAINED OR REFERENCED IN THIS WEBSITE OR ANY INFORMATION OR DATA THAT IS PROVIDED THROUGH LINKED WEBSITES, OR ANY OTHER MATTER. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER GROUNDS, AND REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BY USING THIS WEBSITE, YOU FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR OTHER LIMITATION OF LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF THE OTHER CLAUSES OR SENTENCES BECAUSE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES.

BioGPS may contain information from third party websites, which may or may not be marked with the name of the source. Such information does not necessarily represent the views or opinions of TSRI, and TSRI shall have no responsibility whatsoever for such information. All information from third party websites are the sole responsibility of the person or entity that provides and/or maintains such website. As a BioGPS user, you are solely responsible for any information that you display, generate, transmit or transfer while using BioGPS, and for the consequences of such actions.

BioGPS also contains links to other websites which permit you to leave TSRI's website. TSRI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TSRI of the third party website or the content or information provided therein. TSRI does not have any knowledge of or control over the information contained in such other websites. TSRI shall not have any responsibility whatsoever for any information or content contained on those third party websites, links contained on those websites or changes to such websites.

Should any BioGPS user provide general, scientific or other feedback information, whether in the form of questions, comments, or suggestions to TSRI, regarding the content of TSRI's website or otherwise, such information shall not be deemed to be confidential or proprietary to you or to any other party. TSRI shall have no obligation of any kind with respect to such information and TSRI shall have the right, without limitation, to reproduce, use, disclose, merge, display, make derivatives of and distribute such information to others. TSRI shall also have the right, without limitation, to use and exploit such information, including ideas, concepts, know-how, inventions, techniques or other materials contained in such information for any purpose whatsoever, including but not limited to, making changes or improvements to BioGPS and/or developing, manufacturing, marketing, selling or distributing products and technologies incorporating such information. However, you agree that TSRI has no obligation whatsoever to respond to your comments or to change or correct any information on BioGPS based on your comments.

TSRI reserves the right to alter the content of BioGPS in any way, at any time and for any reason, with or without prior notice to you, and TSRI will not be liable in any way for possible consequences of such changes or for inaccuracies, typographical errors or omissions in the contents hereof. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property of TSRI or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any right or license under any TSRI copyrights.

TSRI also reserves the right to modify these Terms of Use at any time and for any reason, with or without prior notice to you. You should always review the most current Terms of Use herein before using this website. By using this website, you agree to the current Terms of Use posted on this site. You also agree that these Terms of Use constitute the entire agreement between you and TSRI regarding the subject matter hereof and supersede all prior and contemporaneous understandings, oral or written, regarding such subject matter. In addition, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect, and the affected provision shall be revised so as to reflect the original intent of the parties hereunder to the maximum extent permitted by applicable law.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THESE TERMS OF USE.