This Terms of Use agreement ("Agreement") is between the Biophysical Society and its affiliated entities (collectively, "BPS," "we," or "ours") and you and your agents ("you" or "yours") for the use of website owned and operated by BPS (“BPS Websites", “Site" or “Sites"). This Agreement governs the use of the BPS by all users of the Sites. To use, including becoming a registered user of the Sites, you must accept the provisions of this Agreement. By accessing, browsing, and/or using this Site you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not accept this Agreement (and therefore do not agree to by bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms.
1. General Use of BPS
BPS grants you a personal, non-commercial, non-exclusive, limited, revocable, non-transferable license to access and use the BPS Websites conditioned upon your continued acceptance of, and compliance with, this Agreement. Your use of any BPS Website is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. BPS does not guarantee the confidentiality or security of any communication or other material transmitted to or from the BPS Websites over the Internet or other communication network.
2. Registration and Login Information
a. Certain features or materials on BPS Websites require registration and/or login. With respect to such features and/or materials, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's account creation and registration form (such information being the "Profile” and “Membership Application” Data); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
b. You will create a username and password upon completing the Site's account creation process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (i) not allow any third party to use it under any circumstances; (ii) immediately notify BPS of any unauthorized use of your password or account or any other breach of security; and (iii) ensure that you logout from your account at the end of each session. BPS will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements or any theft, misappropriation, disclosure, or unauthorized use of your login information.
3. Intellectual Property Rights
All trademarks, service marks, logos, trade dress, trade names, copyrights, information, content, data, images, photographs, audio and video material, webinars, artwork, text, graphics, multimedia content, compilations, and other material that you see or read on the BPS Websites and all related code and material of any kind or nature (collectively the "BPS Materials"), except for Submitted Materials (as defined below), are owned by BPS or are being used by BPS with permission. The BPS Materials are protected by international, federal and state laws and regulations, including but not limited to copyright, trademark, trade secret, trade dress, and other laws and regulations. BPS grants you a nonexclusive, limited, revocable, non-transferable license to access and use the BPS Websites and Site Materials solely for your non-commercial personal and/or educational use, including downloading one copy of the BPS Materials on any single computer, provided you keep intact any copyright and other proprietary notices on the BPS Materials and do not modify the BPS Materials in any way. You may not modify, reuse, re-post, or use the BPS Materials for public or commercial purposes without BPS's prior written permission. Without limiting the forgoing, you agree not to use the BPS Materials for any other use or purpose.
4. Trademarks
The BPS Websites contain valuable trademarks owned and used by BPS. BPS uses these trademarks to distinguish its goods and services from those of others. The BPS Websites may also contain references to other entities' trademarks and service marks. Such references are for identification purposes only and are used with permission of their respective owners. BPS does not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing on the BPS Websites. You agree not to use or display trademarks without the prior written consent of BPS or the owner of such mark.
5. User Conduct and User Submissions
a. BPS Websites may permit users to submit material for posting on an BPS Website, including, without limitation, content, information, ideas, comments, blogs, video, audio, research, curricula, suggestions or other materials ("Submitted Materials"). BPS does not warrant or make any representation whatsoever, and does not make any guarantee regarding, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or any other attribute of Submitted Materials. Submitted Materials are the sole responsibility of the third party posting such Submitted Materials.
b. You are entirely responsible for everything you upload, post, email or otherwise make available on the site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material, and solely in consideration of the possibility of publicity and professional credit, you hereby grant to BPS a non-exclusive, royalty-free, transferable, perpetual, worldwide, license to copy, prepare derivative works, improve, distribute, publish, retain, and commercialize Submitted Materials or any other submissions by you to an BPS Website.
c. With respect to any and all Submitted Materials and any other information or material submitted by you, you hereby warrant and represent that such Submitted Materials: (i) are true, accurate, authorized, and complete; (ii) are not unlawful, obscene, fraudulent, indecent; do not defame, abuse, harass, or threaten others; and are not hateful or racially, ethnically or otherwise objectionable; (iii) do not contain any software viruses, Trojans, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (iv) do not advocate or encourage any illegal activity; (v) do not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contractual, personal or other right of any third party; (vi) do not violate the privacy of individuals, including other users of the BPS Website and do not impersonate any other person or entity; and (vii) do not violate any applicable local, state, national or international law.
6. Disclaimer of Content
BPS, in its sole discretion, may at any time refuse or delete Submitted Materials it deems inappropriate to the purpose of the Sites, illegal, or harmful to others. BPS does not undertake any obligation to monitor the Sites for such material. The views, opinions, and accuracy of information posted on the Sites are the responsibility of the poster. BPS does not control, verify, or endorse any of the Submitted Materials and any other information or content not originating from BPS or BPS's licensors. BPS is not responsible for any person's misuse or misappropriation of any BPS Materials, Submitted Materials, or any other information contained in the Sites or linked from the Sites.
7. Privacy Policy
Our Privacy Policy may be viewed at here. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.
8. Additional Terms
In addition to the terms listed here, myBPS account holders agree to receive the communications (email or postal mailing) all initial “Announcement” notifications. All current year BPS members have the option to opt-out of “Reminders and Follow-up” emails but must make that selection each membership year. myBPS account holders who are not current year members have the ability to opt-out of “Reminders and Follow-up” emails, which would remain until they join the Society, in which communication preferences would be reset each membership year.
DISCLAIMER OF WARRANTY
THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THIS WEBSITE CONSTITUTES LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE BIOPHYSICAL SOCIETY AND ANY OTHER PARTY.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE BIOPHYSICAL SOCIETY, ANY OF ITS MEMBERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "THE BIOPHYISICAL SOCIETY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
NONE OF THE BIOPHYSICAL SOCIETY PARTIES WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF THE BIOPHYSICAL SOCIETY PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE BIOPHYSICAL SOCIETY PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE BIOPHYSICAL SOCIETY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE.
IN NO EVENT SHALL ANY OF THE BIOPHYSICAL SOCIETY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE BIOPHYSICAL SOCIETYS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
Links to Other Sites
As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are affiliated with the Biophysical Society ("Third-Party Sites") where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources. Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEBSITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEBSITES, AND THE BIOPHYSICAL SOCIETY SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites' administrator or webmaster.