Please read the Terms of Use carefully before accessing or using this Site.

Gene Oracle Inc ("Gene Oracle") welcomes you. By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site, you agree to be bound by the following terms and conditions. We reserve the right to change the terms and conditions from time to time at our sole discretion. If you do not agree with the terms and conditions, do not access or use our website. Gene Oracle may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions apply to all visits to our website.

Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Gene Oracle or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gene Oracle. Gene OracleTM, GeneIOSTM, GenePerfectTM, GeneSeamTM, EnigmaGeneTM and FastaDNATM are trademarks of Gene Oracle, Inc., and all logo designs are trademarks of Gene Oracle. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Gene Oracle or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gene Oracle. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Patents. Patents are pending on a number of Gene Oracle's products and processes, and are subject to other trade secret and proprietary rights. Gene Oracle reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Gene Oracle's products or processes.

Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Gene Oracle. Gene Oracle retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software. See End User Agreement.

This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Gene Oracle nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.

Links to Other Web Sites. This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Gene Oracle of -- or responsibility for --
the linked Web sites or any content, services or products available on or through such sites.
Links from Other Web Sites. All links to this Site must be approved in writing by Gene Oracle, except that Gene Oracle consents to links in which:

(a) the link is a text-only link containing only the title of the home page of this Site,
(b) the link "points" only to the home page of the Site and not to deeper pages,
(c) the link, when activated by a user, displays this home page of the Site full-screen and not within a "frame"
on the linked Web site, and
(d) the appearance, position, and other aspects of the link does not;
(i) create the false appearance that an entity or its activities or products are associated with or sponsored by
Gene Oracle or its affiliates, or
(ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Gene Oracle or its affiliates. Gene Oracle reserves the right to revoke this consent to link at any time in its sole discretion.

In using this Site, you agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
(b) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
(c) not to use or attempt to use another's account, service or system without authorization from Gene Oracle, or create or use a false identity on this Site;
(d) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailngs;
(e) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
(f) not to divulge your username and password to others either on or off the Site;
(g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. Gene Oracle makes no representation that the Site is appropriate or available for use outside the United States.

You acknowledge and agree that Gene Oracle may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy (http://www.geneoracle.com/privacy/index.html), which is incorporated by reference as if fully set forth in these Terms of Use.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GENE ORACLE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GENE ORACLE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT GENE ORACLE DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, GENE ORACLE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE THROUGH THE SITE. GENE ORACLE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES GENE ORACLE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

GENE ORACLE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF GENE ORACLE, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, GE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENE ORACLE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of CAlifornia, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California.

Other. These terms constitute the entire agreement between you and Gene Oracle governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.

Compliance With Applicable Laws User access to our website is governed by all applicable federal, state and local laws.

Any rights not expressly granted in our website are reserved to Gene Oracle. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.