Website Terms and Conditions
Overview
These website terms and conditions (“Terms and Conditions”) are entered into between you (“you” and “your”) and Bluegene Search, Inc. (“Bluegene Search” or “we”). The Terms and Conditions govern your access to and use of the Bluegene Search website at https://bluegenesearch.com including any content, functionality and services offered on or through it (the “Site”).
By using the Site, you agree to be bound and abide by these Terms and Conditions. Bluegene Search may terminate your ability to use the Site without notice if you do not comply with the Terms and Conditions.
Bluegene Search reserves the right to make changes to the Site and to the Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms and Conditions means that you accept and agree to the changes.
All Information Bluegene Search collects on this Site is subject to our Privacy Notice posted at the Site here. By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms and Conditions. To the extent there is a conflict, the Terms and Conditions supersede the Privacy Notice. Terms like “Information” that are in these Terms and Conditions but not defined here are defined in the Privacy Notice.
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Bluegene Search’s knowledge.
You may not access or use the Site if you (1) do not agree to these Terms and Conditions and (2) are not 18 years of age or older.
Intellectual Property
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Bluegene Search or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Bluegene Search name and related logos are trademarks and service marks (“Marks”) of Bluegene Search. Bluegene Search’s Marks may not be used without advance written permission of Bluegene Search, including in connection with any product or service that is not Bluegene Search’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Bluegene Search. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Bluegene Search as described in Section 13.
Limited License And Prohibited Uses
Bluegene Search grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Bluegene Search is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree that you will not:
Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms and Conditions.
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
Impersonate or attempt to impersonate Bluegene Search, a Bluegene Search employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Bluegene Search, may harm Bluegene Search or users of the Site or expose them to liability.
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.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Bluegene Search’s prior written consent.
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.
Otherwise attempt to interfere with the proper working of the Site.
4. Disclaimer And Limitation of Liability
WHILE BLUEGENE SEARCH ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. BLUEGENE SEARCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, BLUEGENE SEARCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. BLUEGENE SEARCH, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS AND CONDITIONS IS TO STOP USING THE SITE. FROM TIME TO TIME, BLUEGENE SEARCH MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE SITE, OR THE ENTIRE SITE, FOR ANY REASON. BLUEGENE SEARCH WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
BLUEGENE SEARCH HAS NO CONTROL OVER THE HIRING DECISIONS ULTIMATELY MADE BY EMPLOYERS AND CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE. BLUEGENE SEARCH IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO YOUR USE OF THE SITE, AND BLUEGENE SEARCH SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE BY ANY ENTITY THAT CONTACTS YOU BASED ON YOUR USE OF THE SITE.
BLUEGENE SEARCH’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.
5. Third Party Content
This Site includes content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Bluegene Search. Bluegene Search is not responsible for the content or accuracy of any materials provided by any third parties.
6. Links To Other Web Sites
Bluegene Search may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Bluegene Search does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
7. Indemnification
You agree to defend, indemnify and hold harmless Bluegene Search, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your content, any use of the Site Content, and services and products other than as expressly authorized in these Terms and Conditions.
8. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
9. Injunctive Relief
You agree that a breach of these Terms and Conditions will cause irreparable injury to Bluegene Search for which monetary damages would not be an adequate remedy and Bluegene Search shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
10. Waiver And Severability
No waiver by Bluegene Search of a term or condition set forth in these Terms and Conditions shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Bluegene Search to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
11. Entire Agreement
The Terms and Conditions and our Privacy Notice constitute the sole and entire agreement between you and Bluegene Search with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
12. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington and conducted by an arbitrator that possesses such experience in, and knowledge of, the subject area of the controversy or claim so as to qualify as an “expert” with respect to such subject matter.
If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
The laws of the State of Washington will govern these Terms and Conditions and any disputes under them, without giving effect to any principles of conflicts of laws.
13. Communications and Contact Information
Bluegene Search may contact you regarding these Terms and Conditions or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Bluegene Search, you can click on the “unsubscribe link” provided in such communications or contact us at hello@bluegenesearch.com.
For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms and Conditions, and the Privacy Notice, please contact us at hello@bluegenesearch.com or by mail at:
Bluegene Search
300 Lenora Street # 1041
Seattle, WA 98121
EFFECTIVE DATE: 9/1/2020