BioNJ TERMS OF USE

Last Updated: January 1, 2023

1. GENERAL

This website, www.BioNJ.com (the “Site”), is provided by BioNJ, Inc., a New Jersey nonprofit corporation (“BioNJ,” “we,” “our,” or “us”) to the person accessing the Site (“you,” “your” or “user”). Your access to, and use of, the Site, including any content, functionality or services offered on or through the Site, are subject to the following Terms of Use (together with any agreements, certificates, documents or instruments incorporated by reference, these “TOU”) and all applicable laws and regulations, whether as a guest or as a registered user. By accessing or using the Site, you accept, without limitation or qualification, and agree to be bound and abide by, these TOU and BioNJ’s Privacy Policy, found at [https://BioNJ.org/privacy-policy/] (the “Privacy Policy”), incorporated herein by reference. BioNJ may, at any time and without notice, modify these TOU by revising them on the Site. BioNJ may revise the TOU at any time, in BioNJ’s sole discretion, and any such revisions shall be deemed effective when BioNJ Posts them. Any such revisions shall be deemed applicable to all subsequent access to or use of the Site. Your continued access or use of the Site constitutes your acceptance of any such revisions. You are expected to check this page each time access the Site so you are aware of any changes, as they are binding on you. Please read these TOU carefully before you start to use the Site. If you do not want to agree to these TOU or the Privacy Policy, you must not access or use the Site.

The Site is offered and available to users who are 18 years of age or older. By using the Site, you hereby represent and warrant to BioNJ that you are of legal age to form a binding contract with BioNJ. If you do not meet this requirement, then you must not access or use the Site.

2. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We may withdraw or amend the Site and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both (a) making all arrangements necessary for you to have access to the Site and (b) ensuring that all persons who access the Site through your Internet connection are aware of these TOU and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including through the use of any interactive features on the Site, is governed by the Privacy Policy, and you hereby consent to all actions we take with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you shall treat such information as confidential, and you shall not disclose it to any other person. You acknowledge that your account is personal to you and shall not provide any other person with access to the Site or portions of it using your username, password or other security information. You shall notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You shall ensure that you exit from your account at the end of each session. You shall use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOU.

3. INTELLECTUAL-PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio and the design, selection and arrangement thereof) are owned by BioNJ, its licensors or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual-property or proprietary-rights laws.

These TOU permit you to use the Site for your personal, noncommercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Internet browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of the Site for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on the condition that you first agree to be bound by our end-user license agreement for such applications.
  5. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You shall not:

  1. modify copies of any materials from the Site;
  2. use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  3. delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these TOU, your right to use the TOU shall be deemed to have stopped immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by BioNJ. Any use of the Site not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark, and other laws.

4. TRADEMARKS

BioNJ’s name, BioNJ’s logo and all related names, logos, product and service names, designs, and slogans are trademarks of BioNJ or its affiliates or licensors. You shall not use such marks without BioNJ’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

5. PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these TOU. You shall not use the Site:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the United States or other countries).
  2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  5. To impersonate or attempt to impersonate BioNJ, a BioNJ employee, consultant, agent or another user or any other person (including by using email addresses or screen names associated with any of the foregoing).
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm BioNJ or users of the Site, or expose them to liability.

Additionally, you shall not:

  1. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  2. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  3. Use any manual process to monitor or copy any of the material on the Site or for any other purpose not expressly authorized in these TOU, without BioNJ’s prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Site.
  5. Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
  7. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of the Site.

6. RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. BioNJ does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. BioNJ hereby disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers or third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by BioNJ, are solely the opinions and the responsibility of the person providing those materials. These materials do not necessarily reflect the opinion of BioNJ. BioNJ is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

7. CHANGES TO THE WEBSITE

BioNJ may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and BioNJ is under no obligation to update such material.

8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Site is subject to the Privacy Policy. By using the Site, you hereby consent to all actions taken by BioNJ with respect to your information in compliance with the Privacy Policy.

9.  LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to BioNJ’s homepage, on the condition that you do so in a way that is fair and legal and does not damage BioNJ’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Site may provide certain social media features that enable you to:

  1. Link from your own or certain third-party websites to certain content on the Site.
  2. Send emails or other communications with certain content, or links to certain content, on the Site.
  3. Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by BioNJ, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions BioNJ provide with respect to such features. Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  3. Link to any part of the Site other than the homepage.

Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these TOU.

The Site from which you are linking, or on which you make certain content accessible, must comply in all respects with these TOU.

You shall cooperate with BioNJ in causing any unauthorized framing or linking immediately to stop. BioNJ May withdraw linking permission without notice.

BioNJ may disable all or any social-media features and any links at any time without notice in our discretion.

10.  LINKS FROM THE WEBSITE

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11.  MODERATION

BioNJ has the right, but not the obligation, to regulate content and any other user communications posted to, stored on or transmitted via the Site by third party; to regulate conduct of any third party on the Site; and to enforce the TOU, for any reason and in any manner or by any means that BioNJ, in its sole discretion, deems necessary or appropriate (including automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results and the deletion and/or termination of content, accounts and/or all or any use or access). You expressly agree that neither BioNJ nor any BioNJ representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

12.  CONTENT

BioNJ does not control, is not responsible for and makes no representations or warranties with respect to any content posted or provided by its users or third parties to BioNJ to be posted on the Site (“Third Party Content”). You are solely responsible for your access to, use of and/or reliance on any Third Party Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any Third Party Content. You are also responsible for any Third Party Content that you post or transmit on or through the Site. Third Party Content prohibited from being posted on or transmitted through the Site includes: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false, fraudulent or misleading content and (6) malicious content (including malware or spyware). In the event that you wish to use, reproduce or cite content from the Site, you must first obtain the express written consent of BioNJ.

You hereby automatically grant and assign to BioNJ, and you represent and warrant that you have the right to grant and assign to BioNJ, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including incorporating into other works) and otherwise use any content that you post.

BioNJ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement, please contact us at via e-mail at [email protected].

You acknowledge that BioNJ cannot, and does not, guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, BIONJ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIONJ NOR ANY PERSON ASSOCIATED WITH BIONJ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BIONJ NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BIONJ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING PROVISIONS OF THIS SECTION 12 DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.  USER CONDUCT, TRANSACTIONS, INTERACTIONS DISPUTES AND RELATIONS

BioNJ and its representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

14.  LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BIONJ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, CONSULTANTS, EMPLOYEES, OTHER AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

15.  INDEMNIFICATION

You shall indemnify and hold harmless BioNJ, its affiliates, licensors, service providers and its and their respective officers, directors, employees, contractors, consultants, other agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including attorneys’ fees, arising out of or relating to your violation of these TOU or your use of the Site, including any use of the Site’s content, services, and products other than as expressly authorized in these TOU, your use of any information obtained from the Site (including your posting and transmission of Third Party Content or your accessing, use and reliance on Third Party Content or related to or arising out of your interactions with others).

16.  GOVERNING LAW AND JURISDICTION

These TOU and all claims or causes of action, whether in contract, equity, statute, tort or otherwise, that may be based upon, arise out of or relate to these TOU or the negotiation, execution or performance of these TOU, including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these TOU or as an inducement to enter into these TOU (any claim or cause of action identified in this Section 16, a “Claim”), shall be solely and exclusively governed by, and enforced in accordance with, the internal laws of the State of New Jersey, including its statutes of limitations, without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction. Any Claim shall be instituted solely and exclusively in the federal courts of the United States or the courts of the State of New Jersey, in each case, located in Mercer County, New Jersey. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts with respect to all Claims.

17.  WAIVER AND SEVERABILITY

No waiver by BioNJ of any term or condition set out in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BioNJ to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.

If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed eliminated or limited to the minimum extent such that the remaining provisions of these TOU will continue in full force and effect.

18.  ENTIRE AGREEMENT

These TOU and the Privacy Policy constitute the sole and entire agreement between you and BioNJ regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.