Terms and Conditions for Use of https://bioportal.ucdavis.edu
website
By clicking the "I have read and agree to the terms of use” button to sign up and use the
https://bioportal.ucdavis.edu website, you expressly agree and consent to be bound
by all the terms and conditions of this agreement (below) and which are incorporated herein by reference. If you
do not agree to any of these terms, please do not use the Website.
This
https://bioportal.ucdavis.edu website and related materials
including, without limitation, text, images, graphics, audio, music, video, software, copyrights, trademarks and
service marks, ("Content") are or may be protected under United States and worldwide copyrights or other
Intellectual Property Rights which are owned or licensed, in whole or in part, by The Regents of the University
of California, Davis campus (“The Regents.”)
For the purposes of this Agreement, "Intellectual Property Rights" means all copyrights, patent rights,
mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill,
trade secret rights and other intellectual property rights as may now exist or later come into existence, and
all applications, registrations, renewals and extensions, under the laws of any state, country, territory or
other jurisdiction, relating to the Website or any Content.
Subject to the terms and conditions of this Agreement and provided you have paid all amounts owed to The
Regents, you are hereby granted a non-exclusive, limited, personal license to use the Website. The Regents may
terminate this license at any time for any reason or no reason, subject to a refund of any amount you have paid
to The Regents during the thirty (30) days prior to such termination. If you download or print a copy of the
Content, you must retain all copyright and other proprietary notices on it.
The Content may not be reproduced, distributed, transmitted, transferred, republished, sold,
manipulated, edited, performed, posted or otherwise distributed or exploited in any manner whatsoever without
The Regents’ prior written consent, which may be withheld in its sole discretion. Any use of any portion of this
Website on any other website or other networked computer environment is prohibited without The Regents’ prior
written consent, which may be withheld in its sole discretion. Any unauthorized manipulation of this Content
constitutes an infringement of The Regents’ Intellectual Property Rights, or of the Intellectual Property Rights
of the respective owners of the Content.
You agree to defend, indemnify and hold harmless The Regents, its officers, agents and employees,
harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages
arising from: (i) your use of and access to the Website, including any data or work transmitted or received by
you; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including
without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation
of any law, rule or regulation of the United States or any other country; (v) any other party’s access and use
of the Website with your unique username, password or other appropriate security code.
THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE REGENTS DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
In any event, your sole and exclusive remedy for any liability relating to or arising out of the website or this
agreement, regardless of the form in which any legal or equitable action may be brought, shall be for you to
discontinue your use of the service and terminate this agreement and to receive a refund up to the amount you
paid to the regents during the thirty (30) days prior to such termination.
You agree that the Website shall be deemed solely based in California. This Agreement shall be governed by the
laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute
between you and The Regents that arises in whole or in part from the Website shall be decided exclusively by a
court of competent jurisdiction located in San Francisco, California.
This Agreement and any other legal notices published by The Regents on the Website, shall constitute the entire
agreement between you and The Regents concerning the Website.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain
in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver
of such term or any other term, and The Regents failure to assert any right or provision under this Agreement
shall not constitute a waiver of such right or provision. The Regents reserves the right to amend this Agreement
at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use
of the Website following any amendment of this Agreement will signify your assent to and acceptance of its
revised terms.
Access to the Website indicates your legal acceptance of these terms and conditions.