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TERMS AND CONDITIONS FOR USE OF AMERICAN BIOLOGICAL SAFETY ASSOCIATION LISTSERV SERVICES
This LISTSERV service is provided by the American Biological Safety Association (the “List Owner”) for the purposes of creating a Biosafety Discussion list and community. All use of the LISTSERV service provided by the List Owner is subject to the Terms and Conditions set forth below. By using this LISTSERV (the “List”), you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them.

Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE LIST. List Owner may revise and update the Terms and Conditions at any time, without notification to List users. When such updates occur, you will be required to agree to the revised Terms and Conditions before you are able to log in and continue to use the List. If you do not agree with any of the changes to the Terms and Conditions, you must immediately stop using the List.

List Owner grants you a limited and revocable license to access and use the List strictly in accordance with these Terms and Conditions. At all times, List Owner reserves the right to revoke this license, discontinue any and all services to you, and preclude your access to the List at any time, without cause and without prior notice. Decisions regarding revocation of license, discontinuance of services, and preclusion of access will be made by the List Owner in its sole discretion, and List Owner shall not be liable for any subsequent losses or claims that occur because of List Owner’s decision.

PLEASE NOTE that the List is an UNMONITORED service provided by the List Owner, who, during normal course of business, in no way sponsors, approves, edits, or reviews List activity. Further, as an unmonitored List, please be aware that all materials posted on the List will be sent to all other members of the List. Please do not post any materials that you do not want read by the entire List membership.
You are solely responsible for your own communications and the consequences of posting those communications to the List. List Owner does not assume any responsibility for the truthfulness, accuracy, or reliability of any material posted on the List, or for consequences of any communications on or arising from use of the List.

The List may only be used for lawful purposes. In consideration of being allowed to use the List, you agree not to engage in the following activities under any circumstances:

• Using the List for any purpose in violation of local, state/province, national, or international laws of any kind;
• Posting any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, libelous, slanderous, hateful, or embarrassing to another user or any other person or entity;
• Knowingly post material that contains any virus, worm, Trojan horse or other code which may contaminate or destroy the files or programs of List Owner or its users;
• Posting advertisements or solicitations of business for commercial purposes, “spamming”, chain letters, or pyramid schemes;
• Repeatedly posting comments not related to Biosafety;
• Impersonating another person;
• Allowing any other person or entity to use your identification to post or view comments; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the List, or which exposes List Owner or any of its users or Sponsors to any liability or detriment of any type.

List Owner reserves the right (but is not obligated) to monitor, edit, or disclose any posting on the List for lack of adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the List, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of List Owner or others; or (iii) protect the personal safety of our users, Sponsors, or the public. List Owner reserves the right (but has no obligation) to remove or edit communications on the List and List Owner reserves the right to terminate your access to the List at any time, with or without notice, in the exercise of its sole discretion. LIST OWNER MAINTAINS THAT THIS LIST WILL BE UNMONITORED IN THE NORMAL COURSE OF BUSINESS, AND LIST OWNER HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

1. Links to Other Sites. Postings to the List may contain links to third party web sites. These links are not provided by List Owner and List Owner is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the terms of use for such sites.
2. Your Submissions. Except as described herein, any communication which you post on the List is considered to be NON-CONFIDENTIAL.
3. Parental Permission. If a user of the List is less than eighteen (18) years of age, these Terms and Conditions must be reviewed and agreed to by a parent or legal guardian. Such parent or legal guardian authorizes the minor to use the List and assumes all responsibility for this minor user’s account.
4. Indemnification. You agree to defend, indemnify and hold List Owner, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the List in a manner that violates or is alleged to violate these Conditions.
5. Voluntary Disclosure of Personally Identifiable Information on the List. Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) within an interactive area such as a LISTSERV, that information, along with any substantive information disclosed in your communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of List Owner and List Owner makes no warranties about the discoverability of your identity by methods beyond our control.
6. List Owner cannot control the use of cookies by advertisers or third party sites you visit using links from the List. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent.

Disclaimers and Other Information

1. ANY INFORMATION SUPPLIED BY LIST OWNER IS PROVIDED “AS IS” AND NEITHER LIST OWNER NOR ANY OF ITS AGENTS, EMPLOYEES OR REPRESENTATIVES MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE LIST OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE.
2. BY USING THE LIST YOU HEREBY EXPRESSLY AGREE THAT LIST OWNER, AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE LIST OR ANY INFORMATION YOU OBTAIN FROM IT OR ANY OTHER INTERACTION WITH LIST OWNER. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF LIST OWNER.
3. List Owner does not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to the List, or that files are free of viruses, worms, Trojan horses or other codes that include or manifest contaminating or destructive characteristics.
4. With respect to communications to List Owner, List Owner does not guarantee that it will respond to inquiries.
5. List Owner makes no warranties regarding the availability and performance of any hardware, software, or technical systems used to provide the List. User recognizes that Internet servers and links are susceptible to crashes, outages, viruses, and down time and that often these down times are beyond the control of the List Owner. List Owner does not and can not warrant that it shall maintain a continuous and uninterrupted link to the List, and User has no expectation of such. List Owner may also, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance, or improvement of any of the List systems. List owner can not and will not warrant that all communications sent through the List will be sent and arrive at the correct destination. User agrees to hold List Owner harmless for any damage or loss of information caused by such down times and technical issues. User warrants that the List is not his primary means of communication and does not rely on the List as sole communication method.
6. If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
7. Any notice to List Owner shall be given in writing and email to ABSA International, C/O Edward Stygar at ed@absaoffice.org.
8. The application of these provisions, disclosures and disclaimers and all other matters arising from your use of the List or of any information you obtain from List Owner shall be governed by the laws of the United States of America and the State of Illinois. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of the List or any information you receive from List Owner shall be brought exclusively in the United States District Court, the Northern District of Illinois, AND YOU HEREBY EXPRESSLY CONSENT TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS.

YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.