Terms of Service
Last updated: August 6, 2020
This Terms of Service (“ToS” or “Terms”) is a statement of rules and a contract between Conifer Point Consulting, a Pennsylvania company (“Conifer Point”, the “Company”, “us”, “we”, or “our”) and users, which a user must agree to abide by in order to use a service. This ToS was created and prepared by Conifer Point. Please read this ToS carefully before using www.boltzmannmaps.com, the Website, Web Application, and any and all services provided by Conifer Point (The Website, Web Application or any other services can be referred to as the “Services” or the “Conifer Point Services”). Unless specifically defined, the term "user" may refer generally to any individual or entity that uses the Services.
Conifer Point Services means the Boltzmann Maps Website and Web Application. Conifer Point only offers individual user accounts and does not support a group-level account.
By using or accessing the Services, you agree to this ToS, as updated from time to time by Conifer Point. If Conifer Point makes changes to the ToS, we will notify you of the change as described below under “Additional Terms”. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Website and Web Application. Your continued use of the Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
The Conifer Point Services can assist medicinal chemists/scientists who are designing or evaluating new drugs or chemical probes for a particular biomolecule using an approach called structure-based design. The purpose is to help the User find higher-quality small molecules for new compounds in less time. The User will be able to upload proprietary drug structures during this process. The structures are used for computational operations in support of the user and are not retained at the end of the user’s web session.
If you violate the letter or spirit of this ToS, or otherwise create a risk or possible legal exposure to Conifer Point, or for any other reason that Conifer Point, in its sole discretion deems necessary, Conifer Point can stop providing all or part of the Services to you. Conifer Point will notify you by the email you provided in your registration for the Services or at the next time you attempt to access your account of any termination of Services.
Your access to and use of Conifer Point Services is conditioned upon your acceptance of and compliance with these Terms, and any terms, policies, or guidelines referenced herein upon creating a User profile. These Terms apply to Users who access or use Conifer Point Services. By accessing or using the Services, you agree to be bound by these Terms.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST EXIT THE BOLTZMANN MAPS WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION AND THE SERVICES.
Conifer Point hereby incorporates by reference any additional terms, conditions and privacy notices to this ToS as if set forth fully herein.
Welcome to Boltzmann Maps, a service of Conifer Point. We provide the Services via the www.boltzmannmaps.com Website and Web Application. Please be aware that the Services provided by Conifer Point may change from time to time, and depending on the change, it may or may not alter the terms of this ToS. Conifer Point Services allow Users to take a structure-based design approach to designing and evaluating new drugs. The User can upload proprietary drug structures and use Conifer Point’s various molecular modeling services to design, modify, and evaluate their small molecules. Users are invited to fully utilize the Services available on the Boltzmann Maps Website and Web Application.
Each User’s Account provides access to the Services pursuant, in accordance with the level of Services purchased by the User, to these ToS. This ToS and the Privacy Notice apply to the Users, regardless of service level purchased (i.e. Free, Pro or Premier).
This ToS governs a User’s access to and use of the Services. By accessing or using the Services, the User agrees to be bound by these Terms as if these Terms were signed by the User in ink on a hard-copy agreement.
Conifer Point takes a User’s IP rights seriously and, as such, makes every effort to protect the data a User uploads to our systems and minimizes or blocks access by Conifer Point personnel. All data uploaded by the User has a temporary lifetime, except when the User has requested new simulation data (any data can always be removed at the User’s request). The proprietary information related to the User’s development of any drug is the property of the User and not Conifer Point. The collection and storage of any data uploaded or stored is subject to the terms enumerated in Conifer Point’s Privacy Notice (https://www.boltzmannmaps.com/privacy-notice), which is incorporated in this ToS as if set forth at length herein.
Should the User encounter any bugs, glitches or other forms of troubleshooting related issues, please contact us at firstname.lastname@example.org.
The remainder of this ToS is intended to act as a contract between Conifer Point and all visitors, Users, and others who access or use the Services. The terms, restrictions, disclaimers, and other legal notifications will affect the way the Users access and use our Services.
Rules of User Conduct
Conifer Point offers unique Services that allow a User to upload proprietary drug structures and design, modify, and evaluate new drugs. Therefore, it is imperative that all Users respect the proprietary nature of the information and data stored on the Services. As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following rules of conduct (“Rules of Conduct”):
- Only upload compounds that you have legal rights to.
- Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
- Do provide accurate information to us and update it as necessary.
- Do review and comply with our Privacy Notice and the ToS.
- Do review and comply with notices sent by us concerning the Services.
- Don’t create an excessive number of personal accounts with different email addresses to get around limits of the free service level.
- Don’t use the Services to create or engineer any illegal or illicit drugs or substances.
- Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable information or other content (“Content”).
- Don’t include information in the Services, except in designated fields, that reveals the identity or sensitive personal information of you or anyone else (i.e., information that identifies you as an individual, “Personal Information”), such as an address, that is confidential in nature.
- Don’t use any information, data or Content you view or obtain from our Services to provide any services that are competitive with our Services.
- Don’t imply or state, directly or indirectly, that you are affiliated with or endorsed by Conifer Point, unless you have entered into a written agreement with Conifer Point that expressly permits you to say that.
- Don’t rent, lease, loan, trade, sell or re-sell access to the Services or any Content (other than Content you personally own) or any data on the Services.
- Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Services.
- Don’t use bots or other automated methods to add or download Content or send or redirect messages or other permitted activities other than through Conifer Point-sanctioned tools.
- Don’t access the Services for purposes of monitoring its availability, performance or functionality, or for any competitive purpose.
- Don’t engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
- Don’t access the Service by any means other than through the interfaces provided by Conifer Point.
- Don’t override any security component included in or underlying the Services.
- Don’t engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or Conifer Point personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
- Don’t remove any copyright, trademark or other proprietary rights notices contained in or on the Services, including any of our notices or notices of our licensors, or any notices of any other users (for more information, see below under “Website and Application Content, Ownership and Copyright Notice”).
- Don’t collect, use or transfer any information, including any Personal Information, obtained from the Services, except as expressly permitted in the Terms or as the owner of the information may expressly permit in writing.
- Don’t interfere with or disrupt the Services, including but not limited to any servers or networks connected to the Services.
- Don’t infringe or use the Services’ or Conifer Point brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL.
- Don’t access, tamper with, or use non-public areas of the Services, Conifer Point’ computer systems, or the technical delivery systems of Conifer Point’ providers.
- Don’t forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
- Don’t upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your affiliations with a person or entity, past or present.
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
- Adds to a data field any information that is not intended for such field (i.e., submitting an email address in the “title” or any field other than a field requesting an email address).
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements.
- Infringe or misappropriate any patents, trademarks, trade secrets, copyrights or other rights.
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment.
- Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.
Links to Third-Party Resources
To the extent that Conifer Point or a User provides resources that can be accessed with hypertext links from the Services that are not under the direct control of Conifer Point, Conifer Point is not responsible for the contents of those third-party resources. Links may be provided merely as a courtesy and convenience for users and visitors. The use of a link on the Services does not imply any recommendation, approval or enforcement of third-party resources or their business by Conifer Point.
Subscription Plan and Subscription Fees
Conifer Point offers three levels of subscription plans; (i) Free; (ii) Pro; and (iii) Premier. The Premier Plan offers advanced features including the option of private storage for new simulation data. Pro subscription is $30/month and the Premier subscription is $300/month.
The terms of any subscription plan, and the corresponding fees charged, will be set forth in the Subscription Page (https://www.boltzmannmaps.com/pricing). To the extent provisions in the terms set for the Subscription Page conflict with this Terms of Service, the Terms of Service will govern and control.
Both Pro and Premier subscribers may request additional fragment binding data or biomolecular structures. For Pro Users, the new data will be added to the public repository for other Boltzmann Maps users to use. For Premier Users, new data will be added to a private repository; only they (or others they choose to allow) will have access to the data.
Cancellation, Deletion or Termination of user Subscription Account
If a User wishes to cancel, delete, or terminate his/her Subscription Account in its entirety, the User must go to their account page and cancel the subscription. In order to remove a User’s login information, the User must contact Conifer Point at email@example.com and make that request.
Services are Not Intended for Direct Use by Minors/Children
Minors are not permitted to use the Services without being under the direct supervision of a parent/guardian, educator, or other responsible adult. Parents and other guardians or custodians may be granted access, subject to applicable law and appropriate verification, of information concerning their minor children. Adults should not assist minors to access the Boltzmann Maps Web Application unless the minor is being supervised by a parent/guardian, educator, or other responsible adult. If a minor is going to use the Services, the Parent/Guardian or educator (i.e. a teacher is setting up the Services for use in a classroom setting) must set up the user account with their own credentials. When visitors enter information or use the Services, the User is representing that he/she is an adult over 16 years old. We will not communicate directly with a minor.
If you believe that a child under 16 may have provided us with any information, please contact us at firstname.lastname@example.org.
Disclaimers, No Representations or Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SERVICES, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICES. WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES AS FURTHER STATED IN THE TERMINATION PROVISION BELOW. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES, INCLUDING THE BOLTZMANN MAPS WEBSITE AND APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE USERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
WE DO NOT GUARANTEE THAT THE SERVICES, OR ANY COMPUTER HOSTING THE SERVICES, ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL PARTICLES.
UNDER NO CIRCUMSTANCES IS CONIFER POINT RESPONSIBLE IN ANY WAY FOR THE INFORMATION POSTED ON THE SITE BY THIRD PARTIES NOT UNDER THE DIRECT CONTROL OF CONIFER POINT. NOR IS CONIFER POINT RESPONSIBLE FOR ANY ACTIONS TAKEN BY THIRD PARTIES TO WHOM YOU SHARE INFORMATION RELATED TO THE DRUG OR COMPOUND CREATED OR GIVE ACCESS TO YOUR ACCOUNT.
BY ACCESSING AND/OR USING THE SERVICES, YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE SERVICES.
YOU FURTHER AGREE TO ASSUME THE RISK TO THE ACCURACY AND QUALITY OF THE CONTENTS OF THE SERVICES.
YOU AGREE AND UNDERSTAND THAT YOU ARE FULLY AND COMPLETELY ASSUMING THE RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY FILE WHEN USING THE CONTENTS OF THE SERVICES, ANY MATERIAL CONTAINED THEREIN AND/OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
CONIFER POINT’S BOLTZMANN MAPS WEBSITE AND WEB APPLICATION PROVIDES ACCESS TO VARIOUS MOLECULAR MODELING SERVICES. THE SYSTEM IS AVAILABLE TO USERS WHO ARE DESIGNING, MODIFYING, AND EVALUATING NEW DRUGS FOR A PARTICULAR BIOMOLECULE. BY USING THE BOLTZMANN MAPS WEBSITE, THE USER SPECIFICALLY AFFIRMS THAT HIS/HER WORK IS HER OWN, THAT IT IS NOT ALREADY THE SUBJECT OF A COPYRIGHT, TRADE SECRET PROTECTION, PATENT OR OTHER FORM OF INTELLECTUAL PROPERTY. BY UPLOADING COMPOUNDS TO THE BOLTZMANN MAPS WEBSITE, THE USER SPECIFICALLY AFFIRMS THAT HE/SHE IS LEGALLY PERMITTED TO LOAD AND/OR HAVE RIGHTS TO THAT COMPOUND.
CONIFER POINT IS NOT PROVIDING MEDICAL CARE OR ADVICE TO ANY PATIENT. THE SERVICES ARE NOT INTENDED TO PROVIDE ANY DIAGNOSIS AND SHOULD NOT BE RELIED UPON TO TREAT OR DIAGNOSE ANY CONDITION. BY USING THE WEBSITE AND WEB APPLICATION, THE USER SPECIFICALLY AGREES THAT CONIFER POINT IS NOT RESPONSIBLE TO OR FOR OBTAINING A PATENT, TRADMARK, TRADE SECRET PROTECTION, OR ANY OTHER TYPE OF INTELLECTUAL PROPERTY RIGHTS FOR THE “DRUGS” OR COMPOUNDS CREATED ON ITS WEBSITE.
CONIFER POINT IS NOT RESPONSIBLE FOR THE EFFECTIVENESS OF ANY “DRUG” OR COMPOUND CREATED ON ITS WEBSITE OR BY USING ITS WEB APPLICATION. CONIFER POINT SPECIFICALLY DISCLAIMS THAT ANY DRUG CREATED USING ITS WEBSITE OR WEB APPLICATION IS FIT FOR ANY INTENDED OR UNINTENDED PURPOSE. CONIFER POINT IS NOT RESPONSIBLE FOR ANY SIDE-EFFECTS OR DRUG INTERACTION ISSUES A PATIENT MAY EXPERIENCE. FURTHER, CONIFER POINT IS NOT RESPONSIBLE TO CONDUCT ANY DRUG TRIALS OR OBTAIN ANY FEDERAL OR STATE APPROVALS FOR THE DRUGS OR COMPOUNDS CREATED USING THE WEBSITE OR WEB APPLICATION.
Limitation of Liability and Indemnification
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL CONIFER POINT BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE SERVICES. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES.
NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“CONIFER POINT AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY YOU TO CONIFER POINT DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER CONIFER POINT NOR ANY CONIFER POINT AFFILIATE SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY), SHALL CONIFER POINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
CONIFER POINT SHALL NOT BE LIABLE FOR DATA PROTECTION LOSSES (HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THIS POLICY UNLESS SUCH DATA PROTECTION LOSSES ARE CAUSED BY THE PROCESSING OF PERSONAL DATA UNDER THIS POLICY AND THE LOSS IS SOLELY AND DIRECTLY A RESULT OF A BREACH OF THIS POLICY.
IN NO CIRCUMSTANCES WILL CONIFER POINT BE LIABLE FOR ANY DATA PROTECTION LOSSES (OR THE CIRCUMSTANCES GIVING RISE TO THEM) IF THOSE LOSSES ARE CONTRIBUTED TO OR CAUSED BY THE USER OR BY ANY BREACH OF THIS POLICY BY THE USER, OR CAUSED BY AN INDIVIDUAL NOT UNDER THE DIRECT CONTROL OF CONIFER POINT.
FOR THE AVOIDANCE OF DOUBT, THE LIABILITY CAP AND LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT APPLY SO AS TO LIMIT AND EXCLUDE THE LIABILITY OF CONIFER POINT. YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE SERVICES.
BY ACCESSING AND USING THE SERVICES YOU AGREE TO MAKE CONIFER POINT, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, REGULATORY FINES/PENALITIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO ITS USE OF THE SERVICES OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS.YOU AGREE TO PAY REASONABLE ATTORNEYS FEES RELATED TO CONIFER POINT FOR THE ENFORCEMENT OF ANY PROVISION OF THIS TOS.
IF ANYONE BRINGS A CLAIM, CRIMINAL ACTION, OR REGULATORY ACTION AGAINST US RELATED TO YOUR ACTIONS, CONTENT OR INFORMATION ON CONIFER POINT, YOU WILL DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM. CONIFER POINT PROVIDES RULES OF CONDUCT; HOWEVER, CONIFER POINT DOES NOT CONTROL OR DIRECT YOUR ACTIONS ON THE WEBSITE, WEB APPLICATION, OR RELATED TO THE SERVICES. CONIFER POINT IS NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION YOU CREATE, TRANSMIT OR EXCHANGE THROUGH CONIFER POINT’S BOLTZMANN MAPS WEBSITE OR WEB APPLICATION.
CONIFER POINT IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON OR RELATED TO THE SERVICES. FURTHERMORE, CONIFER POINT IS NOT RESPONSIBLE FOR ANY CONDUCT OF USERS WHETHER ONLINE OR OFFLINE.
CONIFER POINT IS NOT RESPONSIBLE FOR ANY ILLEGAL OR ILLICIT MATERIALS, DRUGS, OR COMPOUNDS CREATED BY THE USER ON ITS WEBSITE. CONIFER POINT WILL COOPERATE WITH LAW ENFORCEMENT, TO THE EXTENT IT IS ADVISED TO DO SO BY LEGAL COUNSEL, TO INVESTIGATE ANY ILLEGAL OR ILLICICT MATERIALS THAT ARE FOUND ON ITS WEBSITE OR WEB APPLICATION.
THE USER WILL INDEMNIFY AND DEFEND CONIFER POINT AGAINST ANY CLAIMS OF COPYRIGHT INFRINGEMENT, TRADE SECRET PROTECTION, PATENT OR OTHER CLAIM AS TO THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY RELATED TO A DRUG OR COMPOUND A USER DESIGNS OR UPLOADS TO THE BOLTZMANN MAPS WEBSITE OR WEB APPLICATION. BY UPLOADING COMPOUNDS TO THE BOLTZMANN MAPS WEBSITE OR WEB APPLICATION, THE USER SPECIFICALLY AFFIRM THAT HE/SHE IS LEGALLY PERMITTED TO LOAD AND/OR HAVE RIGHTS TO THAT COMPOUND.
THE USER WILL INDEMNIFY AND DEFEND CONIFER POINT RELATED TO ANY CAUSE OF ACTION RELATED TO THE EFFECTIVENESS OF ANY “DRUG” OR COMPOUND CREATED ON THE BOLTZMANN MAPS WEBSITE OR WEB APPLICATION. CONIFER POINT IS NOT RESPONSIBLE FOR ANY SIDE-EFFECTS OR DRUG INTERACTION ISSUES A PATIENT MAY EXPERIENCE. FURTHER, CONIFER POINT IS NOT RESPONSIBLE TO CONDUCT ANY DRUG TRIALS OR OBTAIN ANY FEDERAL OR STATE APPROVALS FOR THE DRUGS OR COMPOUNDS CREATED USING THE WEBSITE WEB APPLICATION.
CONIFER POINT DOES ITS BEST TO KEEP THE SERVICES BUG/VIRUS FREE AND SAFE. HOWEVER, USERS UNDERSTAND THAT HE/SHE/IT IS USING BOLTZMANN MAPS AT THEIR OWN RISK.
Website and Application Content, Ownership and Copyright Notice
Conifer Point claims a copyright in all proprietary and copyrightable text, graphics and computer code on the Boltzmann Maps Website and Web Application, including, but not limited, to the molecular modeling service, design of the Boltzmann Maps Website and Web Application and the location and arrangement of the Conifer Point created materials on the Boltzmann Maps Website and Web Application. Conifer Point also claims a copyright in all proprietary and copyrightable text, graphics and computer code associated with the Services. This claim includes and extends to all information contained in the public domain of the Boltzmann Maps Website and Web Application. All Conifer Point molecular modeling services, logos, service marks, trademarks, trade names, and trade dress (whether registered or unregistered) that appear on the Boltzmann Maps Website and Web Application are proprietary to Conifer Point and its owners.
You are not permitted or authorized to modify, change or alter any of the material(s) on the Boltzmann Maps Website or Web Application, nor are you permitted to incorporate any material(s) from another User’s work in whole or in part into another work. You are further prohibited from removing any copyright notices, trademarks, trademark notices, or any other proprietary notices as they relate to Conifer Point’s Services. Unless specifically created by the User, the use of any material(s) from the Services for a commercial purpose requires the express written permission of Conifer Point. You are welcome to request permission by email from Conifer Point at email@example.com.
Conifer Point respects your intellectual property rights and the intellectual property rights of others. Conifer Point expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before it sends us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
- User’s contact information, including its postal address, telephone number, and an email address.
- A statement by the user that he/she/it has a good faith belief that use of the Content or other material in the manner complained of is not authorized by the user, the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that the user is the copyright owner or authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the user that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Services, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to the user or anyone else. In appropriate circumstances, Conifer Point will also terminate a User’s account if we determine the user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Conifer Point Consulting
3805 Old Easton Road
Doylestown, PA 18902
You agree to comply with applicable data protection and data privacy laws in accordance with this ToS. To the extent that any of the work, the delivery of any products, or the performance of any Services by Conifer Point involves the exchange of Personal Data, as defined by the European Union’s General Data Protection Regulation (Regulation 2016/679) (hereinafter “GDPR”), you agree to notify Conifer Point prior to the transfer of any such Personal Data. You acknowledge and consent to the transfer and processing of any Personal Data by Conifer Point within the United States.
Content and Information Exchange
Conifer Point provides a platform whereby the User can upload and design, using Conifer Point’s proprietary Boltzmann Maps Web Application, a new drug or compound. Any information exchanged through the Services could be construed as Sensitive Data, including the information provided to create a User account (name, email address, password). If you decide to exchange your information with third-parties, Conifer Point has no control over how those third-parties may use that information. You are solely responsible for the exchange of your personal information, Sensitive Data or data protected by intellectual property laws.
To the extent that you provide Sensitive Data, copyrighted, or data otherwise protected by intellectual property laws on behalf of another person to Conifer Point, Users acknowledge that the terms of this ToS will apply to the transfer of any such data. The User has an affirmative obligation to secure the Sensitive Data or proprietary data that he/she provides, exchanges, or uploads to the Services.
Conifer Point Safety and Account Registration/Security
Users are responsible for safeguarding the password that they use to access the Service and for any activities or actions under his/her username and password. Therefore, unless you have created a classroom account you must not share or disclose your password with anyone. Conifer Point recommends that you should use a “strong” password for each account that is unique to your Conifer Point account and not used on any other service or account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. The User acknowledges that passwords may be compromised no matter how strong the password. Conifer Point is not liable to you for any loss or damage arising from any third-party accessing or using your account without your permission, regardless of how the third-party accesses your account.
Please take precautions to protect your username and password, and contact us at firstname.lastname@example.org if you believe your account has been accessed by an unauthorized person or compromised in any fashion.
Protecting Other People’s Rights
We respect other people's rights and expect Users to do the same. You will not post content or take any action on Conifer Point that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information User posts on Conifer Point’s Boltzmann Maps Website or Web Application if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this Statement, our policies or the spirit of the Conifer Point scientific community.
If we remove your content for any reason, and you believe we removed it by mistake, you have the ability to appeal that decision by sending an email to email@example.com which explains why you believe that Conifer Point should permit the content. It is within the sole and exclusive judgment of Conifer Point whether the content is ultimately determined to be re-uploaded. If you repeatedly infringe other people's legal rights, we reserve the right to disable your account.
Our rights: We reserve the right at all times (but will not have an obligation) to remove or refuse to collect or distribute any Content on the Services, to suspend or terminate Users, and to reclaim usernames and change passwords without liability to the Users. We also reserve the right to access, read, preserve, and disclose any data, information or other Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and the applicable user Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Conifer Point, its users, and the public.
Entire Agreement: These Terms, together with the Privacy Notice, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between User and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Notice.
Amendments to these Terms: We reserve the right to modify, supplement, or replace these Terms, effective upon no less than thirty (30) days prior written notice. Upon opening the Application for the first time after any changes to these Terms are made, you will be prompted to review the Terms within the Application. Your continued use of the Services after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations: Any failure by any party to act with respect to a breach of these Terms by the User or others does not waive any right to act with respect to that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by any party, Conifer Point or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of Conifer Point has executed physically or electronically.
Assignment and Delegation: A User may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation by User shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms, and Privacy Notice, effective on sending a notice to the User at the email address we have for he/she/it, or if we have no email address for the User, by posting a notice of assignment on the Conifer Point Website.
Choice of Law/Governing Law and Arbitration Clause
These Terms and any action related thereto will be governed by the law of the Pennsylvania, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Proceedings will be conducted on an individual basis. Neither the User nor Conifer Point may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
How to contact us
If you have any questions regarding this Terms of Service please contact us at the information provided below. We will keep a copy of your message until we have had an opportunity to address your concern. We may archive your message for a certain period of time or discard it, but its email address will not be used for any other purpose.
Conifer Point Consulting
3805 Old Easton Road
Doylestown, PA 18902