Disclaimer

No Warranty

No representation is made or warranty given, either implicitly or tacitly, for the completeness or correctness of the information on this Site.  Be aware that this information may no longer be up to date.  You expressly agree that your use of this Site and the materials on this Site are at your sole risk.  The materials and the information provided on this Site are provided on an “as is”, “without any warranties” and “as available” basis.  SemBioSys expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose and those that are implied by law.  SemBioSys makes no warranty that this Site or the materials and information on this Site will meet your requirements or that the use of the Site or materials will be uninterrupted, timely, secure or error free.  SemBioSys makes no warranty as to the results that may be obtained from the use of the materials or the Site or as to the accuracy or reliability of any information obtained through the Site or materials or that defects will be corrected.

Forward Looking Statements

This Site contains forward-looking statements. Forward looking statements involve significant known and unknown risks, uncertainties and assumptions and other factors that may cause our actual results, levels of activity, performance or achievements to differ materially form those implied by forward looking statements. Although the forward looking statements contained on this Site are based upon what our management believes to be reasonable assumptions, we cannot assure investors or users of the Site that actual results will be consistent with these forward looking statements. If those expectations and assumptions prove to be incorrect, or factors change, then actual results could differ materially from the forward-looking information contained on this Site. Further information on SemBioSys’ operations and financial condition, including factors that may affect business and future prospects, is contained in SEDAR documents filed in Canada.

Other Terms and Conditions

Links and Third Party Content

You agree that any information provided by you to SemBioSys in connection with your use of this Site (other than your personal information) is not confidential and becomes the exclusive property of SemBioSys.  SemBioSys shall have the right to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute such information without limitation.  In addition, SemBioSys shall be free to use such information for any purpose including, but not limited to, the development of products and services incorporating such information.  In no event shall SemBioSys be obligated to compensate any party providing such information.

Limitation of Liability

IN NO EVENT SHALL SEMBIOSYS, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THIS SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THIS SITE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS OR ANY OTHER NON-DIRECT DAMAGES, WHETHER OR NOT SEMBIOSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

The limitations of liability and disclaimers in the Terms of Use shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort. 

Indemnity

You agree to defend, indemnify and hold harmless SemBioSys and its officers, directors, employees and agents from and against any and all third party claims, liability, damages or costs, including without limitation reasonable legal and accounting fees, arising or resulting from your use or misuse of this Site and the materials available on this Site, your breach of the Terms of Use or infringement of any intellectual property or other right of SemBioSys or person or entity.

Reserved Rights

Copyright © 2005 SemBioSys Genetics Inc. All rights reserved.  The SemBioSys Site contains information, communication, software (including program code that may execute on the server or that may be embedded in or downloadable from individual pages on this Site), images, sounds, music, graphics, photos, videos, and other materials and services (collectively, the “Content”).

You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Site features (the “Website Design”) are protected by Canadian and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights.  These rights are valid and protected in all media existing now or later developed, and all use of the Content or Website Design shall be in accordance with such rights and the terms of this agreement.

Users of this Site are granted a limited licence to display or print its Content for their own personal non-commercial use, provided the Content is not modified.  Any other use of the Content or the Website Design is prohibited.  The Content and Website Design may not be otherwise reproduced, republished or re-disseminated in any matter or form without the prior written consent of SemBioSys.

Jurisdiction

Use of this Site, including disclaimers, terms and conditions set out herein, and any disputes shall be governed by Alberta and Canadian law and adjudicated by the courts of Alberta, Canada. Nothing in the Terms of Use shall prevent SemBioSys from seeking injunctive or other equitable relief, or enforcement of an award, before any court having jurisdiction over you or otherwise over such matter.

Entire Agreement

The Terms of Use constitute the entire agreement between SemBioSys and you with respect to the Site and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site.