Legal Information and Terms of Use

Date of Last Revision: 6 March 2009

Introduction:

The Internet is not a “law-free” zone and you have a responsibility to be aware of your relationships with parties providing services through this Genapha website located at http://genapha.icapture.ubc.ca (the “Site”) The purpose of the Site is to serve as a web resource for disseminating information on single nucleotide polymorphisms (SNPs) and genes related to allergic diseases to the research community, the general public and potential participants in research projects.

By accessing the Site and/or using the UBC Services, you signify that you have read, understand and agree to be bound by these Terms of Use. UBC reserves the right to amend these Terms of Use at any time without notice. Any amended Terms of Use will be effective as of the date of their posting on the Site. You acknowledge and agree that we may change or withdraw all or part of the UBC Services provided at any time. You acknowledge and agree that if you do not agree to any such change or amendment, you may terminate these terms after which you will not be entitled to use the UBC Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OR ACCESS THE SITE.

Definitions

The terms “UBC”, “we”, “us” and “our” refer to the University of British Columbia, a corporation continued under the University Act of British Columbia and having its administrative offices at 2075 Wesbrook Mall, Vancouver BC V6T 1W5, together with its faculty, staff and students that develop, operate and maintain the Site. The terms “you” and “your” refer to users or visitors to the Site or a user of the data uploading or other services provided through this Site.

These Terms of Use set out the terms and conditions that will govern your relationship with UBC, through your use of the Site, including without limitation, your access to the Site, the underlying Genapha database and Genapha software (the “UBC Software”) through a web browser, web service or other electronic means, uploading data to the Site, downloading and using data from the Site, searching, using analytical tools or visualizations and other software related services that may be provided by UBC through the Site (the “UBC Services”).

Reserved Rights and Permission to Use:

All SNPs on the Site have been deposited in GenBank and dbSNP at the National Center for Biotechnology Information (http://www.ncbi.nlm.nih.gov/).

UBC or its licensors owns the intellectual property rights, including copyrights, in and to the Site and UBC Software.

The content available on the Site, including without limitation any and all designs, text, graphics, information, data, questionnaires, protocols, and their selection and arrangement (the “Site Content”) and the UBC Software are the property of UBC or its licensors, with all rights reserved. You are granted a limited license to access and use the Site and the UBC Services and to download or print a copy of any portion of the Site Content for information, educational or research purposes, provided that you follow the citation format set out below.

Analyses of associations with asthma in four asthma population samples from Canada and Australia.
Daley D, Lemire M, Akhabir L, Chan-Yeung M, He JQ, McDonald T, Sandford A, Stefanowicz D, Tripp B, Zamar D, Bosse Y, Ferretti V, Montpetit A, Tessier MC, Becker A, Kozyrskyj AL, Beilby J, McCaskie PA, Musk B, Warrington N, James A, Laprise C, Palmer LJ, Paré PD, Hudson TJ.

Hum Genet. 2009 Feb 27. [Epub ahead of print]

PMID: 19247692

By submitting a query to the database or using the search functions provided in connection with the UBC Services, you agree that you will use the UBC Services only for lawful purposes and that, under no circumstances will you compile or use any Site Content for any purpose inconsistent with the rights of UBC or its licensors. Without limiting the foregoing you will not, and will not authorize any third party to:

(a)    modify, decompile, disassemble, create derivative works from, or otherwise reverse engineer the UBC Software or information provided in connection with the UBC Services; or
(b)    distribute, sell, lease, transfer, assign, trade, rent, publish, license or sublicense the use of the UBC Software, the UBC Services or any part thereof and/ or copies thereof, to others.

No Advice or Warranties:

You shall be fully responsible for any consequences resulting from your use of the Site, UBC Services and Site Content.

UBC does not guarantee the quality, accuracy, completeness, or timeliness of the Site Content or UBC Services. THE UBC SERVICES, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability:

In no event shall the authors, the James Hogg iCAPTURE Centre, UBC, its content providers or any other party who has contributed to the Site OR THE UBC SOFTWARE, be liable for any direct, indirect, incidental, special, or consequential damages (including, but not limited to, loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising out of or in connection with the use of the Site, or in reliance on the data, software or other information available on the Site. The Site is provided for educational and informational purposes only. It is not intended as a substitute for professional advice, whether medical, legal or otherwise. The information provided ON THE SITE should not be used for diagnosing or treating a health problem or disease. UBC’s TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT OF CDN $100.

Indemnity:

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS UBC, ITS BOARD OF GOVERNORS, FACULTY, STAFF, STUDENTS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING ATTORNEY’S FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGEMENT ARISING OUT OF CONNECTED WITH, RESULTING FROM, OR SUSTAINED AS A RESULT OF YOUR USE OF THE SITE.

No Endorsement:

The Site may contain links to other sites and references to other project groups. These links and references are provided as references to help you identify and locate other resources that may be of interest. UBC does not control the content of nor maintain any type of editorial control over these other sites and thus does not assume responsibility for the quality, accuracy, completeness, or timeliness of the information contained on these other sites.

Trademarks:

Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks, or trade names owned by UBC or other entities. The display of any such marks or names on the Site does not imply that UBC or other entities have granted a license or authorization of any kind to use such marks or names. You are prohibited from doing anything to infringe or prejudice rights of trademark owners.

Right of Refusal:

We, in our sole discretion, reserve the right to refuse to provide you with the UBC Services. You agree that we will not be liable to you for loss or damages that may result from the refusal by us to provide you with UBC Services. Without limiting the foregoing, you agree that we may terminate your use of the UBC Services at any time without notice:

(i)      if you breach or fail to abide by any provision of this Agreement;
(ii)     if you fail to respond for within fifteen (15) calendar days to any inquiries from us; and/or
(iii)    if you use the UBC Services for any improper purpose, as determined by us in our sole discretion.

Choice of Law:

The laws of the Province of British Columbia and the laws of Canada applicable therein shall govern as to the interpretation, validity and the effect of these Terms of Use, notwithstanding any conflict of law provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of British Columbia in any action proceeding instituted under or related to your use of the Site.

General:

(a)    USE OF THE UBC SERVICES IS PROHIBITED IN ANY JURISDICTION WHICH DOES NOT GIVE EFFECT TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE.
(b)    You agree that no joint venture, partnership, employment, consulting or agency relationship exists between you and UBC as a result of these terms or your use of the UBC Services.
(c)    These terms represent the entire agreement between you and UBC relating to this subject matter. You will not contest the validity of these terms merely because they are in electronic form.
(d)    The provisions of these terms are severable in that if any provision is determined to be invalid or unenforceable under any controlling body of law, that will not affect the validity or enforceability of the remaining provisions of these terms.
(e)    No condoning, excusing or overlooking by UBC of any failure by UBC to comply with any part of these terms shall operate as a waiver by UBC of its rights under these terms, and no waiver shall be inferred from or implied by anything done or omitted by UBC.
(f)    You may not assign these Terms of Use. UBC, acting in its sole discretion, may assign these Terms of Use without notice to you.
Copyright © 2009 The University of British Columbia. All rights reserved.