Notices and Terms of Use

These Notices and Terms of Use (“Terms”) constitute a legal agreement between you (as defined below) and Biospark Intellectual Property Law LLC (“Biospark”) with respect to Your use of and access to the site currently located at www.biospark-ip.com and all services, materials, and information available in, on, or through such site (the “Information”) (the site and any successor site(s), together with the Information, the “Site”).

1. Acceptance of Terms. By using and accessing the Site, which may be through any means (including the Internet, a mobile network, or otherwise), you agree to these Terms, which Biospark may change from time to time. In such event, we will notify you of such changes by reasonable means, including by posting a revised version of these Terms on the Site, the date of which will be indicated by the “LAST UPDATED” legend above. Continued use and access of the Site will constitute your acceptance of such changes. Any such changes will not apply to any dispute between you and Biospark arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Certain areas of the Site may be subject to additional terms, which will be made available in those areas, and such additional terms are hereby incorporated by reference into these Terms.
2. You. References to “you” and “your” in these Terms will refer to an individual using or accessing the Site, and, if applicable, the organization or other entity on whose behalf, or for whose benefit, you are using or accessing the Site (an “Entity”). You represent that you have the legal authority to bind such Entity to these Terms.
3. Site Jurisdiction. This Site is controlled and operated from the United States (US), and is not intended to subject Biospark to non-US jurisdiction or laws. Your use and access of the Site is at your own risk, and you must comply with all applicable laws, including any federal, state, or local laws and regulations. Biospark may, as determined in its sole discretion, limit the Site’s availability, in whole or in part, to certain jurisdictions.
4. No Legal Advice; No Attorney-Client Relationship. The Information is provided for educational and general informational purposes only, and is not intended to and does not constitute legal advice, nor is it intended to be a substitute for advice from qualified counsel. You acknowledge and agree that (i) the Information does not constitute legal advice and (ii) no attorney-client relationship is created through your use or access of the Site, including the transmission of email or other communications to addresses on the Site or through the Site. No such email or other communication will be treated as confidential or privileged. Further, no views expressed in connection with any blogs available in connection with the Site shall be attributed to Biospark or its attorneys or clients.
5. Not a Solicitation. The Site is not intended to be an advertisement or solicitation, but in some jurisdictions it may be deemed an advertisement.
6. Authorized Jurisdictions; Certifications. Biospark is authorized to practice law in the Commonwealth of Massachusetts. Its attorneys, however, are licensed to practice only in those jurisdictions stated in the applicable attorney’s individual biography on the Site. Except as expressly stated, Biospark attorneys are not certified (including as a specialist) by any professional or government authority.
7. Principal Office; Responsible Attorney. To the extent the requirements of the Bar Association in your jurisdiction require such designation: Biospark’s principal office is its Cambridge, Massachusetts office. Biospark’s responsible attorney for the Site is Muna Abu-Shaar.
8. Privacy. The Privacy Policy is hereby incorporated by reference into these Terms.
9. Security. While Biospark uses administrative and technical safeguards to protect the confidentiality, availability, and integrity of the Site, we advise you that no computer, information or communications system, network, physical or virtual infrastructure, or information contained therein, is free from risk of compromise, including unauthorized access to, erroneous disclosure of, or unlawful interception of, the Site, including any email or other communication sent by you to addresses on the Site or through the Site. You will not violate, or attempt to violate, or knowingly facilitate the violation of the security or integrity of the Site.
10. Prohibited Uses. You will not and/or your use of the Site will not: (i) be for any commercial purpose, or for any purpose that is fraudulent, tortious, or unlawful; (ii) be in violation of applicable law; (iii) infringe any intellectual property rights of any person, including Biospark’s rights in the Biospark Marks (as defined below); (iv) transmit or otherwise make available through or in connection with the Site any threatening, harassing, degrading, hateful, intimidating, defamatory, libelous, fraudulent, tortious, obscene, indecent, or otherwise objectionable material; (v) transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is intended to be harmful to the operation of, or to monitor the use of, any software, hardware, or equipment; (vi) reproduce, duplicate, copy, modify, adapt, translate, create derivative works of, sell, resell, lease, loan, timeshare, or otherwise exploit all or any portion of the Site; (vii) reverse-engineer, decompile, or disassemble all or any portion of the Site; (viii) frame or mirror any part of the Site, or otherwise incorporate the Site into any product or service; (ix) systematically download or store Site content; (x) scrape or data mine the Site whether through manual or automated means; or (xi) engage in the unauthorized transmission of unsolicited commercial email.
11. Intellectual Property Rights. As between you and Biospark, Biospark owns the Site, which may be protected by copyright, trademark, patent, or other proprietary rights and laws, including:
    1. The Site (including the Information) is protected by US and international copyright laws. All rights are reserved. Subject to these Terms, Biospark grants you a limited, nonexclusive, personal license to access, view, download, and print the Information for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. You may hyperlink to any page in the publicly available pages of the Site, but in the event Biospark requests you to remove such hyperlink, you agree to do so.
    2. Biospark’s trade names, trademarks, service marks, and logos, including BIOSPARK, are owned by Biospark (“Biospark Marks”) and you may not and will not use any Biospark Mark in connection with any product or service that is not Biospark’s, or in any manner that is likely to cause confusion. Any trade names, trademarks, service marks, or logos on the Site not owned by Biospark are the property of their respective owners. Nothing contained in this Site, including these Terms, shall be construed as granting any license or right to use any trade name, trademark, service mark, or logo, without the express prior written consent of the owner thereof.
12. No Warranties; Disclaimer of Liability.
    1. The Site may contain Information on matters for which Biospark successfully represented its clients. The successful representation of a client is dependent on the specific circumstances of such matter, and does not and cannot predict any future outcomes, even if circumstances are similar. Information pertaining to Biospark clients available on the Site may not reflect the opinions of such clients.
    2. The Site is provided on an AS-IS basis and Biospark does not guarantee that the Information is accurate, complete, error free, or fit for your purpose, that your use and access of the Site will be uninterrupted or error free, or that any particular software or hardware will be compatible with the Site. To the extent permitted by law and rules of professional responsibility in the applicable jurisdiction, Biospark makes no representations or warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights, and disclaims any and all liability for any indirect, consequential, exemplary, punitive, special, or incidental damages, including lost profits or income, lost business, lost data, or loss of use, relating to or in connection with the Site. If you are dissatisfied with the Site (including the Information), your sole and exclusive remedy is to stop using the Site. Biospark expressly disclaims all liability with respect to any actions taken or not taken based on the Information.
    3. You agree that you must evaluate, and that you bear the risk associated with, the use of the Site, including any reliance on the accuracy, completeness, or usefulness of any Information.
13. Third-Party Information.
    1. Biospark may, from time to time, hyperlink to or otherwise make third-party websites, materials, or other information available on the Site. Biospark does not endorse or approve of any such third-party websites, materials, or other information. Your use of third-party websites, materials, or other information is at your own risk and is subject to any terms applicable to such third-party websites, materials, and other information, including with respect to any privacy and security practices. In particular, Section 8 (Privacy) and Section 9 (Security) of these Terms do not apply to such third-party websites, materials, and other information.
    2. Other sites may link to the Site with or without authorization of Biospark; no such linking implies Biospark’s endorsement of, or affiliation with, any such site, and Biospark may block links to or from the Site at any time.
14. Amendments; Modifications. Biospark may, at any time and without liability: (i) modify or discontinue all or part of the Site; (ii) refuse to provide any user with access to the Site; (iii) charge, modify, or waive fees required to use the Site; or (iv) offer opportunities to some or all Site users.
15. Disputes. Any dispute relating to or in connection with the Site or these Terms will be governed by the laws of the Commonwealth of Massachusetts without reference to its conflict of laws principles. Disputes will first be resolved by amicable discussions but if for some reason we are not able to resolve a dispute by ourselves, such dispute will be resolved through binding arbitration to take place in Boston, Massachusetts in accordance with the Commercial Arbitration Rules of the American Arbitration Association. WE ADVISE YOU THAT BY AGREEING TO ARBITRATION, YOU (AND BIOSPARK) ARE RELINQUISHING ANY RIGHT TO PURSUE CLAIMS, OR HAVE ANY DISPUTES RESOLVED, IN A COURT OF LAW; AND ACCORDINGLY, YOU (AND BIOSPARK) ARE RELINQUISHING ANY RIGHTS TO THE COMPULSORY PROCESSES OF THE LAW APPLICABLE TO PRE-TRIAL DISCOVERY, TO HAVE THE MATTER DECIDED BY A JURY, OR TO THE APPEAL OF ANY ADVERSE ARBITRATION DECISION. WE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. You acknowledge that any breach or alleged breach of Section 10 (Prohibited Uses) or Section 11 (Intellectual Property Rights) could cause irreparable harm to Biospark which cannot be adequately remedied by an action at law for damages, and that Biospark is therefore entitled, in addition to its other rights and remedies available, to injunctive or other equitable relief, without the need to post any bond.
16. Miscellaneous. We are each independent contractors; these Terms do not create or establish any fiduciary, partnership, joint venture, employment, agency, or other relationship between you and Biospark. If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be deemed modified to the extent necessary to make it legal, valid, and enforceable and to give the maximum effect to the intent of the parties. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms. Biospark may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No delay in enforcing its rights or obligations, or waiver of a breach, by a party under these Terms will be deemed to be a waiver of any preceding or subsequent breach. The term “including” shall be construed to mean “including without limitation.” These Terms state the entire agreement between you and Biospark relating to the subject matter herein, and supersedes any prior or contemporaneous oral or written agreements or understandings relating to such subject matter. Notices to you may be made through physical mail, email, or by posting to the Site, as determined in Biospark’s discretion.
17. Contact. If you have any questions or concerns regarding these Terms, including Section 8 (Privacy) or Section 9 (Security), please submit them to website@biospark-ip.com. Email communications are not necessarily secure, so please do not include sensitive information in any email to us.