Welcome to BioLingo! The website www.biolingo.com (hereafter referred to as the “Site”) is comprised of various webpages owned and operated by Bio Lingo Inc. (hereafter referred to as “BioLingo,” “Bio Lingo”, “Bio Lingo Inc”,“we,” “us,” “our”).

This notice details the Terms of Use (the “Terms” or “Agreement”) that govern the use of the Site and should be read in conjunction with the Site’s Privacy Policy. BioLingo is offered to you conditioned upon your acceptance without modification of the Terms, conditions, and notices contained herein. By using the Site, you agree to be bound by the Terms and accept our Privacy Policy. Please read these Terms carefully and keep a copy of them for your reference.

BioLingo reserves the right to amend and modify these Terms at any time, with or without notice. The most current version of the Terms will supersede all previous versions. BioLingo encourages you to review the Terms frequently to remain informed on any and all updates. Your continued use of the Site will indicate your acceptance of the revised Terms.

Privacy

Use of the Site is also subject to BioLingo’s Privacy Policy. Please review our Privacy Policy which is incorporated herein by this reference and informs users of our privacy and data collection practices.

Your BioLingo Account

You are required to register for an account on the Site prior to uploading any material and/or posting any comments. As part of the registration process, you will select a User ID and password. You agree to provide only complete and true information throughout the registration process and you agree you will not register under the name or identity of another person. You are solely responsible for and agree to keep your contact information current, accurate, complete, and secure in the User profile settings and in your Account Details page, which lists all of the webinars and/or events that are posted by you. If BioLingo believes the information you provide is not correct, current, or complete, we have the right to deny you access to our Site, or to any of its resources, and to terminate or suspend your access at any time.

When using your account to register for an upcoming webinar, you further agree to enter only information about yourself that is current, accurate and complete. You explicitly agree not to impersonate another including, but not limited to, a BioLingo employee, host, speaker, moderator or panel member. You agree not to represent yourself as an employee or agent of any organization other than that which is true.

You are further responsible for maintaining the confidentiality of your account and password and agree to accept full responsibility for all activities that occur under your account and/or password. You may not assign and/or otherwise transfer your account to any other person or entity. You acknowledge that BioLingo is not responsible for third-party access to your account that results from theft or misappropriation of your account.

You will notify us immediately of any breach of security or any known or suspected unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

Use of Communication Services

BioLingo encourages its users to contribute to the Site. The Site allows you to post your own webinars and events and provides a forum for commentary and conversation in relation to webinars and events, materials, information and resources posted by others. BioLingo may allow and facilitate communication via email with members of the Site’s community, including webinar speakers, where an individual has voluntarily provided an email address. The Site also provides other message and communication facilities designed to enable you to connect and communicate with the Internet community, groups, and/or individuals (collectively, “Communication Services”).

Among other actions expressed herein, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published, or transmitted, any material that:

  • you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws and/or that infringes on any third party intellectual property, namely, patent, trademark, copyright and trade secret (or by rights of privacy or publicity);
  • advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
  • is false, misleading or inaccurate;
  • is vulgar, obscene, pornographic, incendiary, or indecent;
  • is racist, abusive, harassing, threatening, or offensive;
  • is libelous or defamatory;
  • collects or otherwise harvests information about others, including email addresses or other personally identifying information, without prior express consent in each instance;
  • includes programs that contain viruses, worms and/or Trojan horses, or any other computer code, files, software, or programs designed to or that may interrupt, destroy, or limit the functionality of any of our computer server, software, hardware, or telecommunications device;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity except as may be specifically authorized on this Site;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates identifiers to disguise the origin of the content;
  • that contains hyperlinks to other sites that contain content that falls within the scope of this section; and
  • is in violation of any policy or regulation including any codes of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions.

BioLingo claims no ownership, does not assume or will have any liability, and does not endorse nor guarantee the accuracy or propriety of any of the information its users submit through the Communications Services. You acknowledge that we have no obligation to pre-screen or monitor materials uploaded through the Communication Services.

BioLingo reserves the right to pre-screen, refuse, remove, or delete any content that violates the Terms or is otherwise objectionable as determined by us in our sole discretion. We reserve the right, in our sole discretion, to terminate your access to any and all of the Communication Services at any time without notice.

WHILE THE SITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT BIOLINGO SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, BIOLINGO MAY SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE.

Submissions

As a registered user, you will be able to upload and post a great variety of content, including, but not limited to text, audio, video, photographs, graphics, event details, and other materials and information (collectively, “Content”). By submitting Content to the Site you warrant and agree that you have sole responsibility for all Content that you upload, post, email, transmit, or otherwise make available through the Communication Services, and to make sure that you are in compliance with the proper Use of Communication Services as set forth in this Agreement. Any Content that you write, post, upload, or link to on this Site is entirely your responsibility.

BioLingo does not own any of the Content you post. By placing Content on the Site you are providing the Site with a worldwide, perpetual, fully paid-up, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce, and distribute your Content (in whole or in part) on the Site for editorial and promotional purposes of the Site. BioLingo reserves the right to market, advertise, and promote this Content in connection with the promotion of the Site or any service offered by the Site. We further reserve the right in our sole discretion to delete any Content submitted to or appearing on our Site.

You represent and warrant that you have the right to grant the foregoing license and to post and submit the Content and that the Content will not infringe, misappropriate, or violate any third-party rights, including but not limited to any patent, trademark, copyright and trade secret rights. We are not responsible or liable to you or any third party for the Content posted by you or any user of the Site.

Intellectual Property Use

BioLingo and its partners and/or licensors own the Site and all Content provided (other than your User Content) (“Site Content”) and all worldwide intellectual property rights relating to the Site and Site Content. All Site Content included as part of the Service, such as trademarks, text, graphics, images, software, and any compilation thereof, is the sole property of their respective owners. The content on the Site and provided during webinars and other events is subject to copyright protection, which is the sole property of its respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site in strict accordance with these Terms. Absent express authorization from BioLingo, you may not copy, distribute, sell, lease, perform, display, modify or prepare derivative works of the Site or Site Content, in whole or in part. BioLingo reserves all rights not expressly granted to you under these Terms.

Trademarks

BioLingo’s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BioLingo, its affiliates or licensors. Absent prior written permission of BioLingo, you may not use any such trademarks.

Third party trademarks on the Site, including but not limited to webinar sponsor trademarks, are the sole property of their respective owners and you should contact the owner directly for information related to use and/or licensing of such marks.

Copyrights

This Copyright Policy is part of and is to be read in conjunction with the BioLingo Terms of Use (the “Terms”). You accepted this policy when you accessed the BioLingo website (the Site) and agreed to the conditions set forth in the Terms. BioLingo may amend this policy from time to time as it deems necessary by posting a revised version on the Site. BioLingo will not provide you with additional notice of any such revisions and recommends you check this policy, noting its publication date, each time you visit the Site. Your continued use of the Site will constitute acceptance of any revisions or changes to this policy.

BioLingo, in strict compliance with copyright law, strives to connect its users and members of the professional scientific community to upcoming webinars, information and resources.

Copyright law grants protection to original works of authorship fixed in a tangible medium, including but not limited to audio and visual recordings, images and written text.

BioLingo Users are prohibited from posting to or via the Site any Content that they do not have the right to post, including but not limited to copyrighted material. Users are required to seek and secure any required permission to use and/or include copyrighted material such as text, photographic images, video, sound or graphic illustration, in any of their postings on the Site.

Any infringing material discovered on the Site will be removed from the Site. Any user who posts infringing material will be notified and such user’s Site privileges may be terminated or restricted. Repeat infringers will not be tolerated.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BioLingo’s Copyright Agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying BioLingo that your copyrighted material has been infringed. Please include the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site, including the website address/URL;
  4. Your address, telephone number, and e-mail address;
  5. A statement that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
  6. A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

BioLingo’s agent for notice of copyright infringement on its Site can be reached as follows:

Copyright Agent

Attn: Copyright Agent

Email: copyright@biolingo.com

International Users

The Site is controlled, operated and administered by BioLingo from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BioLingo Site Content accessed through the Site in any country or in any manner prohibited by these Terms, any applicable laws, restrictions or regulations.

Minors

The Site is not targeted towards children or intended for use by children. Minors should not use the Site or register any information on the Site. If you are under the age of 13 you may only use the BioLingo site with the permission of a parent or guardian.

Links

The Site may contain links to and by other websites (“Linked Sites”), which are not maintained by, or related to, BioLingo. Such Linked Sites are not under the control of, sponsored by, endorsed or otherwise affiliated with this Site or BioLingo. BioLingo has not reviewed any or all of such Linked Sites and is not responsible for the content, quality, accuracy or legality of any such sites, including but not limited to, any other link contained in a Linked Site and any updates or changes of any Linked Site. Any link made directly from the Site to another web page should be accessed at the user’s own risk. BioLingo makes no representations or warranties about any Linked Site, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the BioLingo Site.

Third Party Material

Opinions and views expressed or implied by third parties on the BioLingo Site reflect only the views and opinions of the author(s) of the submission and do not reflect those of BioLingo. BioLingo is not responsible for content that third parties publish on the Site nor do we endorse any sponsors or advertisers, or their products or services.

If a webinar is hosted by BioLingo, we only provide access to the video (live or pre-recorded) via our Site. We do not monitor, review, and/or validate the contents of any webinar. The information contained in any webinar hosted and/or provided by BioLingo represents the views and opinions of the original creators of such and does not necessarily represent the views or opinions of BioLingo. The accessibility of a given webinar via our Site does not constitute endorsement by BioLingo.

Third Party Interactions/Disputes

Your interaction and correspondence with third parties using the Site is solely between you and such third parties. BioLingo reserves the right, but is not obligated, to monitor, or take any action we deem appropriate or necessary regarding disputes between you and third parties using the Site. You agree that BioLingo shall not be liable or responsible for any sort of loss or damage incurred in connection with third party interactions.

Right to Terminate Access

BioLingo reserves the right, in its sole discretion, to refuse or cancel services, terminate access and/or accounts, or remove and edit any content thereof any time, with or without notice. BioLingo reserves the right to monitor use of this Site to determine compliance with these Terms.

Indemnification

By accessing and using the Site, you agree to indemnify, defend, and hold Bio Lingo Inc., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any claims, damages, liabilities and expenses, including legal fees, arising from your use of the Site and its related content, including but not limited to, webinars and discussion forums. You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site and Content accessed on the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Identified Parties and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior consent of BioLingo. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer & Limitations on Liability

YOU ACKNOWLEDGE THAT INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIO LINGO INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BIO LINGO INC. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

YOU UNDERSTAND THAT BIOLINGO CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO PROTECT YOUR COMPUTER(S) AND NETWORK(S), AND THAT YOU WILL MAINTAIN ADEQUATE MEANS OF BACKUP OF YOUR PERSONAL DATA, EXTERNAL TO THIS SITE. BIOLINGO FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON ITS SITE IS NECESSARILY COMPLETE AND UP-TO-DATE.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIO LINGO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

BIO LINGO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION AVAILABLE ON THIS SITE. NOTHING CONTAINED IN OR PROVIDED THROUGH THE SITE IS INTENDED TO CONSTITUTE ADVICE OR TO SERVE AS A SUBSTITUTE FOR THE ADVICE OF OTHER SOURCES OR CHANNELS. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR RELATED QUESTIONS.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Governing Law

To the maximum extent permitted by law, you agree that any claim, cause of action, or dispute (“claim”) arising out of or related to the Agreement or any of the Services provided by BioLingo shall in all respects be interpreted, construed, enforced, and governed by and under the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions thereof regardless of your country of origin or where you access the Site, and notwithstanding of any conflicts of law principles. You agree that Suffolk County, Massachusetts, shall be the exclusive jurisdiction and venue for any action arising out of or relating to this Agreement, and that you irrevocably waive any objection to jurisdiction or venue in Boston, Massachusetts in connection with any such action, including any objection that the forum of Suffolk County, Massachusetts is inconvenient.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BioLingo relating to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BioLingo with respect to the Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or any of its Services.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Arbitration Option

For any claim, you may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based or otherwise, private arbitration. In the event BioLingo elect’s arbitration, BioLingo shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider in the Commonwealth of Massachusetts, selected by BioLingo. The judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

CONTACT US

BioLingo welcomes your questions and comments regarding these Terms.

Bio Lingo Inc.

Email Address:

info@biolingo.com

Effective as of September 01, 2020

©2020 Bio Lingo, Inc.