info@marinegenomeproject.org

The Marine Genome Project is a registered 501(c)(3) non-profit organization Tax ID Number #86-3232563

Privacy policy
Commitment To Your Privacy
This website is owned and operated by the Marine Genome Project, a nonprofit public benefit corporation. We understand that you value your privacy. This policy governs information you provide to us or that we learn from your use of this website and other contacts with the Marine Genome Project. It explains how we may collect, use, and in some instances share this information.
Personal Information is Defined as
The Marine Genome Project considers “Personal Information” to include information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number or birthdate.
Information The Marine Genome Project Collects And How We Use It
Information You Provide
The Marine Genome Project may ask you to provide us with Personal Information if you would like to participate in some activities available on, or benefit from services offered on, this website. Through the use of forms we may collect this information to help provide you with Marine Genome Project services and respond to your requests.
If you choose to make a donation or other activity that requires payment, we may also ask for information required for billing and shipment, such as your credit card number, card verification value code, billing address, phone number, and email address. The Marine Genome Project will not share or sell a donor's personal information with anyone else, nor send donor mailings on behalf of other organizations. This policy is applicable to both online and offline donors.
The Marine Genome Project may collect Personal Information through your communications with our supporter relations and donor relations teams.
The Marine Genome Project will try to limit our requests for Personal Information to information we believe is minimally necessary to achieve our stated collection purposes.
Usage Tracking
We track website usage data to improve our website. We collect user traffic patterns throughout our website using web logs, cookies, and similar technologies. This information is collected to help improve website flow and usability. In addition, when we send emails to our members and supporters, we track information on clicks-through to our website, including IP addresses. This is done to gauge the effectiveness of our marketing campaigns and to discourage fraudulent use.
Cookies
We may place a text file called a “cookie” in the browser files of your computer. . A cookie cannot read data off your hard disk or read cookie files created by other websites. The Marine Genome Project may use cookies to track user traffic patterns (as described above). In addition, The Marine Genome Project uses encrypted cookies to authenticate the user on each page after the user logs onto the website. You can refuse cookies by turning them off in your browser. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. Some of the Marine Genome Project website features and other services may not function properly if your cookies are disabled.
Our Usage of Personal Information
We process Personal Information as described above and also for such internal and service-related purposes as:
To advance our mission including delivering information that may be of interest to our supporters;
To conduct research and analysis in order to maintain and improve our website and advance our mission;
To alert you to news updates and related developments, special offers, and other Marine Genome Project offerings. We provide you with controls so that you can determine whether or not you would like to continue to receive such communications if you so choose (as described below);
To contact you in response to requests for information such as requests made through the “Contact Us” page of our web site.
We only retain personal information for as long as necessary to fulfill the above purposes or as permitted or required by applicable law.
Children
The Marine Genome Project does not knowingly collect, maintain, or use any Personal Information from children under 13 years of age. If we become aware that we have collected any Personal Information from children under 13, we will promptly delete such information from our databases. If you are a parent or guardian and discover that your child under the age of 13 has used the website, then you may alert as soon as possible at info@marinegenomeproject.org and request that we delete that child’s Personal Information from our systems.
User Access
We make a good faith effort to provide you with access to your Personal Information to correct data that may be inaccurate or delete data at your request. If you would like to review the information in our files, correct it, or ask the Marine Genome Project to refrain from sending you information in the future, please contact us by e-mail at info@marinegenomeproject.org. We may decline to process requests in limited circumstances, including where the request is excessive, may jeopardize the privacy of others, or where information is required to be retained by law or for legitimate business purposes.
Marine Genome Project Transfer And Information Sharing Policy
We do not rent, sell, or share Personal Information collected on this website with third parties for their direct marketing purposes without your permission. We may provide Personal Information to or permit access to Personal Information by vendors and service providers who are contracted to help us administer this website. These service providers may process Personal Information on our behalf or use Personal Information to assist the Marine Genome Project in administering our website. The Marine Genome Project does not otherwise share Personal Information about website users with third parties unless doing so is appropriate to carry out a user’s request or the Marine Genome Project reasonably believes that doing so is legally required or is in the Marine Genome Project’s interest to protect its property or other legal rights or the rights or property of others.
Reorganization of Marine Genome Project
If the Marine Genome Project should ever file for bankruptcy or have its assets sold to or merged with another entity, information the Marine Genome Project receives from you shall be treated as a Marne Genome Project asset and may be transferred as part of any such transactions.
Affiliated Websites, Other Websites, and Advertisements
This Privacy Policy applies to websites and services that are owned and operated by the Marine Genome Project. We do not exercise control over the websites of third parties that you may link to or view as part of a frame on a page on this website. These other sites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
International Visitors And Customers
This website is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law please note that you are transferring your personal data to the United States, where a statutory level of data protection applies that is not comparable to the level of data protection within the EEA. Whenever such transfer occurs, it is based on the standard contractual clauses (according to EU Commission Decision 87/2010/EC or any future replacement) in order to contractually provide that your Personal Data is subject to a level of data protection that applies within the EEA. You may obtain a redacted copy (from which commercial information and information that is not relevant has been removed) of such standard contractual clauses by sending a request to info@marinegenomeproject.org
Security
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy, including encrypting data, using secure HTTPS protocol for transmission and ensuring that all access to data by the Marine Genome Project staff is limited. No data transmissions over the Internet can be guaranteed to be completely secure. Consequently, we cannot ensure or warrant that information you transmit to us will never be accessed. If and when the Marine Genome Project learns of a security systems breach we may need to notify you electronically so that you can take appropriate protective steps. By using this website or providing Personal Information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this website. The Marine Genome Project may post a notice on our website if a security breach occurs. The Marine Genome Project may also need to send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at info@marinegenomeproject.org
Changes and Updates
We may occasionally update this Privacy Policy. When we do, we will also revise the “effective date” on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of Personal Information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this website constitutes your agreement to this Privacy Policy and any updates.
Contacting Marine Genome Project
If you have any questions, comments, or concerns about Marine Genome Project or this Privacy Policy, please don’t hesitate to email us at info@marinegenomeproject.org
The following terms and conditions ("Terms of Use") govern your access to and use of marinegenomeproject.org and any affiliated websites (the “Websites”), including any content, functionality and services offered on or through the Websites.
Please read the Terms of Use carefully before you start to use the Marine Genome Project websites. By using the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the any of the Marine Genome Project’s websites or other media sources.
The Marine Genome Project websites are offered and available to users who are 13 years of age or older. By using the Marine Genome Project’s websites, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Marine Genome Project’s websites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Marine Genome Project’s websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Marine Genome Project’s Websites and Account Security
We reserve the right to withdraw or amend the Marine Genome Project’s websites, and any service or material we provide on the Marine Genome Project’s websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Marine Genome Project’s websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Marine Genome Project’s websites, or the entire Websites, to users.
You are responsible for:
Making all arrangements necessary for you to have access to the Marine Genome Project’s websites.
Ensuring that all persons who access the Marine Genome Project’s websites through your internet connection are aware of these Terms of Use and comply with them.
To access the Marine Genome Project’s websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Marine Genome Project’s websites that all the information you provide on the Marine Genome Project’s websites is correct, current and complete. You agree that all information you provide to register with the Marine Genome Project’s websites or otherwise, including but not limited to through the use of any interactive features on the Marine Genome Project’s websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Marine Genome Project’s websites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular 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 have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
With the exception of certain public domain content, the Marine Genome Project’s websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Marine Genome Project, Inc., its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Marine Genome Project’s websites for personal or editorial non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Marine Genome Project’s websites, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of the Marine Genome Project’s websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
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, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If you give appropriate credit, you may make editorial use of content on this website to the extent Marine Genome Project, Inc., owns the rights to authorize such use. Please contact Daniel Ortega to clarify your right to use material on this website and the appropriate credit.
If we provide social media features such as sharing to Facebook, Twitter, Instagram, and or Snapchat with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Marine Genome Project’s websites or any services or materials available through the Marine Genome Project’s websites.
If you wish to make any use of material on the Marine Genome Project’s website other than that set out in this section, please address your request to: info@marinegenomeproject.org
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Marine Genome Project’s websites in breach of the Terms of Use, your right to use the Marine Genome Project’s websites will cease 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 Marine Genome Project’s websites or any content on the Marine Genome Project’s websites is transferred to you, and all rights not expressly granted are reserved by Marine Genome Project, Inc. Any use of the Marine Genome Project’s websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Marine Genome Project’s name as well as the names of Daniel Ortega, and David (Dave) Mulé, and all related names, logos, product and service names, designs and slogans are trademarks of the Marine Genome Project and its affiliates or licensors. You must not use such marks without the prior written permission of the Marine Genome Project. All other names, logos, product and service names, designs and slogans on the Marine Genome Project’s websites are the trademarks of their respective owners.
Prohibited Uses
You may use the Marine Genome Project’s websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
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.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar malicious form of solicitation.
To impersonate or attempt to impersonate the Marine Genome Project, a Marine Genome Project employee, another user or any other person or entity relating to the Marine Genome Project.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Marine Genome Project’s websites, or which, as determined by us, may harm Marine Genome Project’s, Inc., or users of the Marine Genome Project’s websites or expose them to liability.
Additionally, you agree not to:
Use the Marine Genome Project’s websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Marine Genome Project’s websites, including their ability to engage in real time activities through the Marine Genome Project’s websites.
Use any robot, spider or other automatic device, process or means to access the Marine Genome Project’s websites for any purpose, including monitoring or copying any of the material on the Marine Genome Project’s websites.
Use any manual process to monitor or copy any of the material on the Marine Genome Project’s websites or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Marine Genome Project’s websites.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Marine Genome Project’s websites, the server on which the Marine Genome Project’s websites are stored, or any server, computer or database connected to the Websites.
Attack the Marine Genome Project’s websites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Marine Genome Project’s websites.
User Contributions
The Marine Genome Project’s websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Marine Genome Project’s websites.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Marine Genome Project’s website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Marine Genome Project, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Websites.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Marine Genome Project’s website or the public or could create liability for the Marine Genome Project.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Marine Genome Project’s websites.
Terminate or suspend your access to all or part of the Websites for any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Marine Genome Project’s website. YOU WAIVE AND HOLD HARMLESS THE MARINE GENOME PROJECT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Marine Genome Project’s websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights including the rights of publicity and privacy of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety, or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously and have a policy of revoking access for infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Marine Genome Project’s websites infringe your copyright, you may request removal of those materials (or access to them) from the Marine Genome Project’s websites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
David Mulé
Marine Genome Project, Inc.,
legal@marinegenomeproject.org
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Marine Genome Project’s website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information presented on or through the Marine Genome Project’s websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Marine Genome Project’s websites, or by anyone who may be informed of any of its contents.
The Marine Genome Project’s websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Marine Genome Project and its affiliates, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Marine Genome Project. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Marine Genome Project’s websites
We may update the content on the Marine Genome Project’s websites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Marine Genome Project’s websites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Marine Genome Project’s Websites
All information we collect on the Marine Genome Project’s websites is subject to our Privacy Policy. By using the Marine Genome Project’s websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Marine Genome Project’s Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our 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 Marine Genome Project’s websites may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Websites.
Send e-mails or other communications with certain content, or links to certain content, on the Marine Genome Project’s websites.
Cause limited portions of content on the Marine Genome Project’s websites 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 us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Marine Genome Project’s websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Marine Genome Project’s websites other than the homepage.
Otherwise take any action with respect to the materials on the Marine Genome Project’s websites that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Marine Genome Project’s Websites
If the Marine Genome Project’s websites contain 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 the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites 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 our site for any reconstruction of any lost data. WE WILL 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 WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Marine Genome Project’s, INC., NOR ANY PERSON ASSOCIATED WITH Marine Genome Project’s, INC., MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER Marine Genome Project’s, INC., NOR ANYONE ASSOCIATED WITH Marine Genome Project’s, INC., REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE MARINE GENOME PROJECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE MARINE GENOME PROJECT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, 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 MARINE GENOME PROJECT’S WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Marine Genome Project, 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 claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Marine Genome Project’s websites, including, but not limited to, your User Contributions, any use of the Marine Genome Project’s websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Marine Genome Project’s websites.
Governing Law and Jurisdiction
All matters relating to the Marine Genome Project’s websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Marine Genome Project’s websites shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Marine Genome Project of any term or condition set forth in these Terms of Use 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 Marine Genome Project’s, Inc., to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Marine Genome Project with respect to the Marine Genome Project’s websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Marine Genome Project’s websites.
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