By visiting Genetibase.com you agree to abide by the Terms of Use described below. We have created these rules and
guidelines to protect you and to ensure that Genetibase, Inc.'s web site is safe for everybody. By agreeing to these
terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do
not access or use this site.
Terms of Use www.Genetibase.com
§1 General terms
The access to Genetibase, Inc.'s site is provided free of charge to
you by Genetibase, Inc. ("Genetibase, Inc.") under these Terms of Use. Although portions of Genetibase, Inc.'s
site may be viewed simply by visiting the site, in order to access the e-commerce site and/or receive additional
services from Genetibase, Inc. you may need to sign on as a guest or register as a member of Genetibase, Inc.'s site.
If you sign on to Genetibase, Inc.'s site as a guest or if you register as a member of Genetibase, Inc.'s site
community, these Terms of Use will govern your use of Genetibase, Inc.'s site, including access to message boards
and other features.
BY SIGNING ON TO Genetibase, Inc.'s SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION
PROCESS AND/OR BY SELECTING THE "ORDER NOW" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS
SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of Genetibase, Inc.'s site and all services provided in connection with Genetibase,
Inc.'s site. Genetibase, Inc. shall not be liable to you for any breach of these Terms of Use. In addition, Genetibase,
Inc. does not bear any fiduciary responsibility to any user of this web site. If you do not agree to these Terms of Use,
please do not register for or enter Genetibase, Inc.'s site.
The Terms of Use for your continued use of Genetibase, Inc.'s site will be posted on the Genetibase, Inc. site.
Please check this area before using Genetibase, Inc.'s site to determine whether a change has been made to these
Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate
your registration with Genetibase, Inc.'s site immediately (i) by notifying Genetibase, Inc. of your unwillingness
to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Genetibase, Inc.'s site. Your
continued use of Genetibase, Inc.'s site shall be construed as, and shall constitute your acceptance of any and all
changes in the terms and conditions set forth herein.
From time to time Genetibase, Inc. may supplement these Terms of Use with additional Terms pertaining to specific
content or events ("Additional Terms"), which Additional Terms may be placed on Genetibase, Inc.'s site to be viewed
in connection with the specific content or events and shall be identified as such. You understand and agree that
such Additional Terms are hereby incorporated by reference into these Terms of Use.
§2 Registration Information/Privacy Policy Collection of Personal Information
When you engage in certain activities on this site, such as ordering products, downloading software, or entering
contests, Genetibase, Inc. may ask you to provide certain information about yourself by filling out and submitting
an online form. It is completely optional for you to engage in these activities. If you elect to engage in these
activities, however, Genetibase, Inc. may require that you provide certain personal information, such as your name,
mailing address, e-mail address, and other personal identifying information. When ordering products on the web site,
you may be asked to provide a credit card number.
In some countries, Genetibase, Inc. is represented by an exclusive reseller who provides marketing, sales, and
support services on behalf of Genetibase, Inc. in the interest of providing better service to customers residing
in that country. When you submit personal information to Genetibase, Inc., you understand and agree that if you
reside in a country where Genetibase, Inc. is represented by an exclusive reseller, Genetibase, Inc. may forward
your customer profile to that reseller.
Your personal information will not be leased, sold, rented or otherwise made available to any other third party
except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings
where such information is relevant.
Occasionally, Genetibase, Inc. allows access to database information to bonded mailing houses only for the purpose
of allowing for the printing of mailing labels that are used for Genetibase, Inc.'s own direct mail and promotional
purposes. In those instances, the third party is bound by these terms. All information collected, regardless of type,
will be protected pursuant to the Privacy Act and the Freedom of Information Act. Genetibase, Inc. collects this
information in order to record and support your participation in the activities you select.
If you order a product, for example, the information is used to register your license and rights, if any, to
upgrade discounts, technical support, or other benefits that may be made available to registered users.
If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or
prize awards.
Genetibase, Inc. also uses information that you provide as part of our effort to keep you informed about product
upgrades, special offers, and other Genetibase, Inc. products and services. Other provisions contained herein
to the contrary notwithstanding, you hereby agree that Genetibase, Inc. may assign, sell, license, or otherwise
transfer to a third party, your name, address, email address, member name and any other personal information
in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion
or essentially all of the assets or stock of Genetibase, Inc. or its affiliated entities.
Your personally identifying information will not be used by Genetibase, Inc. for editorial purposes unless you
first agree in writing. Genetibase, Inc. may also use such information for Genetibase, Inc. promotional and
marketing purposes. Genetibase, Inc. respects your privacy.
We recognize and appreciate the importance of responsible use of this information and realize that not everyone
likes to receive special offers or information about Genetibase, Inc. products. If you would like your name
deactivated from Genetibase, Inc.'s lists, or if you would like to unsubscribe from Genetibase, Inc.'s e-mail
bulletins, please use the contact information below to request that Genetibase, Inc. deactivate you from its
lists. Be sure to include your name, postal address, telephone number, information contained in your Genetibase,
Inc. mailer, and/or other necessary information needed for deactivation. Genetibase, Inc. will use reasonable
efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for
processing. You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail
address, physical address, etc.) publicly on Genetibase, Inc.'s discussion forum, that information can be viewed
and used by others and may result in unsolicited messages from other posters or parties.
Use of Cookies - When you visit Genetibase.com, you can surf the site anonymously and access
important information without revealing your identity. In order to analyze and improve our site, we use "cookies"
to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can
only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Most browsers
are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you
the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are
not optional. Users choosing not to accept cookies will not be able to access those pages.) While Genetibase, Inc.
uses cookies to track your visit to Genetibase.com, and our Web servers automatically log the IP/Internet address
of your computer, this information does not identify you personally and you remain anonymous unless you have
otherwise provided Genetibase, Inc. with personal information. Please note that Genetibase, Inc. is not responsible
for the content or privacy practices of non-Genetibase, Inc. Web sites to which Genetibase.com may link.
§3 Modifications of these Terms of Use
Genetibase, Inc. may modify these Terms of Use from time to time at its sole discretion. Each time you log on to
Genetibase, Inc.'s site, you will be deemed to have accepted any such changes, unless you arrange to terminate
your registration with Genetibase, Inc.'s site immediately (i) by notifying Genetibase, Inc. of your unwillingness
to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Genetibase, Inc.'s site.
§4 Modifications of the Genetibase, Inc. Site
Genetibase, Inc. may modify or discontinue Genetibase, Inc.'s site with or without notice to you and without liability
to you or to any third party.
§5 Content of Messages
You also agree not to use Genetibase, Inc.'s site to send or post on message boards or any place on Genetibase,
Inc.'s site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise
objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state, national or international law or
regulation, or encourage the use of controlled substances. Genetibase, Inc. reserves the right to delete any such
material from Genetibase, Inc.'s site. Genetibase, Inc. will cooperate fully with any law enforcement officials
and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5.
You agree not to post or use Genetibase, Inc.'s site to distribute or send any illegal material of any kind, including
but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content
or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Genetibase, Inc. permits access to content that is protected by copyrights, trademarks and
other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and
technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use
and applicable copyright, trademark and other laws govern your use of such content.
You may not post to Genetibase, Inc.'s site, copy, reproduce, retransmit, distribute, publish, commercially exploit
or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any
information, software, images or any other content on Genetibase, Inc.'s site rests with you.
You acknowledge that Genetibase, Inc. may acquire Rights to use any posted materials as described below, and that
you will not acquire any of those Rights by downloading such materials. By submitting content, which shall include
your member name, to any "public area" of Genetibase, Inc.'s site, including message boards, forums, contests
and/or chat rooms, you grant Genetibase, Inc. and its affiliates a royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the public, perform and display the content
(in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology
now known or later developed, for the full term of any Rights that may exist in such content.
You also warrant that the holder of any Rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted to you the right to grant the license
stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content placed on Genetibase, Inc.'s site retains any and all
Rights that may exist in such content.
§6 Third Party Services
Special routing icons may be included within Genetibase, Inc.'s site, the activation of which will allow you to
access and learn more about Genetibase, Inc. and other services provided by Genetibase, Inc. or its affiliates
whereby the use of such icons is free of additional charge to you. When you access any of these services, your
rights and obligations will be governed by the agreements and policies relating to the use of these services.
§7 Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Genetibase, Inc.'s SITE IS AT YOUR SOLE RISK. Genetibase, Inc.'s SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Genetibase, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Genetibase, Inc. MAKES NO WARRANTY THAT Genetibase, Inc.'s SITE WILL MEET YOUR REQUIREMENTS, OR THAT Genetibase,
Inc.'s SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Genetibase, Inc. MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Genetibase, Inc.'s SITE.
Genetibase, Inc. WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR
NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF Genetibase, Inc.'s SITE. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Genetibase, Inc.'s SITE IS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT Genetibase, Inc. DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
IN OR PROVIDED IN CONNECTION WITH Genetibase, Inc.'s SITE. Genetibase, Inc. IS NOT RESPONSIBLE FOR ANY ERRORS OR
OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE
UNDERSTANDING THAT NEITHER Genetibase, Inc. NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Genetibase,
Inc.'s SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES.
Genetibase, Inc. ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT
YOU MAY HAVE. Genetibase, Inc. SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN
CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE
AREA.
YOUR PARTICIPATION IN Genetibase, Inc.'s SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM Genetibase, Inc. OR THROUGH Genetibase, Inc.'s SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. Genetibase, Inc. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH Genetibase, Inc.'s SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH Genetibase, Inc.'s SITE.
Genetibase, Inc. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED
OUTSIDE Genetibase, Inc.'s SITE. AS A CONVENIENCE TO Genetibase, Inc.'s USERS, Genetibase, Inc. MAY PROVIDE
LINKS TO RESOURCES THAT ARE BEYOND Genetibase, Inc.'s CONTROL. Genetibase, Inc. MAKES NO REPRESENTATIONS AS
TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH Genetibase, Inc. MAY PROVIDE LINKS,
AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST Genetibase, Inc. WITH RESPECT TO SUCH SITES.
§8 Limitation of Liability
Genetibase, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE Genetibase, Inc.'s SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH Genetibase, Inc.'s SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES,
EVEN IF Genetibase, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
§9 Promotional Messages
Genetibase, Inc. may, from time to time, send e-mail messages to you containing advertisements, promotions, etc.
Genetibase, Inc. makes no representation or warranty with respect to the content of any such e-mail messages or
any goods or services that may be obtained from Genetibase, Inc., and you agree that Genetibase, Inc. shall not
have any liability with respect thereto.
§10 Indemnification
You agree to indemnify and hold each officer and/or employee of Genetibase, Inc., its parent companies, subsidiaries
and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your use of Genetibase, Inc.'s site, the violation of these Terms of Use by you, or the
infringement by you, or any other user of your account, of any intellectual property or other right of any person
or entity.
§11 Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the County of Mcleod,
Minnesota, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions
related to the subject matter hereof shall be Minnesota State and U.S. Federal courts sitting in the County of
Mcleod or, the Minnesota State and U.S. Federal courts having within their jurisdiction the location of
Genetibase, Inc.'s principal place of business. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
§12 Remedies for Breach of these Terms by You
In the event that Genetibase, Inc. determines, at its sole discretion, that you have breached any portion of
these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Genetibase, Inc.'s
site, Genetibase, Inc. reserves the right to (i) warn you via e-mail that you have violated
these Terms of Use; (ii) delete any content provided by you or your agent(s) to Genetibase,
Inc.'s site, (iii) delete all content provided by you to Genetibase, Inc.'s site,
(iv) discontinue your registration with Genetibase, Inc.'s site and/or any other Genetibase,
Inc. community; (v) notify and/or send content to and/or fully cooperate with
the proper law enforcement authorities for further action; and/or (vi) any other action
which Genetibase, Inc. deems to be appropriate.
§13 Final Notices
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be
construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms
of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions
of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full
force and effect. The failure of either party to insist upon or enforce strict performance by the other party
of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as
a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or
right in that or any other instance, rather, the same will be and remain in full force and effect.
Genetibase, Inc. may assign its rights and obligations under these Terms of Use and upon such assignment Genetibase,
Inc. may be relieved of any further obligation hereunder. You represent to Genetibase, Inc. that you have the
authority to register with Genetibase, Inc.'s site according to these Terms of Use. These Terms of Use and any
Additional Terms (as such terms shall be identified when posted on Genetibase, Inc.'s site by Genetibase, Inc.)
constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior
agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election
of Genetibase, Inc., be deleted or modified to correct the defect and, regardless, the remainder of the terms
of these Terms of Use will remain valid and enforceable. Genetibase, Inc. reserves the right to charge fees,
surcharges and/or membership fees at any time without any notice to you.
Genetibase, Inc.
PO Box 862
181-1 Main Ave.
Winsted, MN
55395
Copyright © 2001-2006 Genetibase, Inc. All Rights Reserved. All third-party trademarks within this Site are
copyrights of their respective owners and are subject to each mark holder's respective terms of use.
