Welcome to AgAccord.org, the website that maintains information on the AgAccord®: Generic Event Marketability and Access Agreement (“GEMAA”) and the AgAccord: Data Use and Compensation Agreement (“DUCA”), herein “ACCORD AGREEMENTS”. Bryant Christie, Inc administers this website and the GEMAA.
BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE "TERMS & CONDITIONS" OR "TERMS") ON THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE THIS SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Third Party Content and Links to Other Sites
At certain places on this Site, users may be able to link to other Internet addresses. These other sites are not under the control of the Administrator or Signatories to the AgAccord Agreements, and you acknowledge that the Administrator or Signatories to the AgAccord Agreements are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of the site by the Administrator or Signatories to the AgAccord Agreement or any association with its operators. Use of any information on this Site or obtained from linked addresses is voluntary and reliance on it should only be undertaken after an independent review. A link or reference herein to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by the Administrator of Signatories to the AgAccord Agreements.
User access and use of this Site, or portions thereof may be restricted through the use of a login and password registration mechanism or similar process (collectively "User Account"). You are responsible for maintaining the confidentiality of your User Account, and are fully responsible for all activities that occur under your User Account. You agree to (a) immediately notify the Administrator of any unauthorized use of your User Account or any other breach of security, and (b) ensure that you exit from restricted areas at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.
We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at this Site. The Administrator also may impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.
Privacy and Security
Notice and Procedure for Making Claims of Copyright Infringement
We may give notice to our users by means of a general notice on this Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
The Administrator and Signatories to the AgAccord Agreements respects the rights of copyright holders and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on this Site, or your intellectual property rights have been otherwise violated, please provide the Administrator with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Â§ 512.
Notification must be submitted to the Administrator:
Bryant Christie Inc.
1418 Third Avenue, Suite 300
Seattle, WA 98101-2396
This contact information is for notices of copyright infringement only.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Through this provision the Administrator and the Signatories to the AgAccord Agreements seek to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. Â§ 512 or elsewhere in the law.
No Legal Advice
Nothing contained on this Sites is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between the Administrator and Signatories to the AgAccord Agreement and you by your using this Site. The information provided on this Sites is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.
THIS SITE AND ALL MATERIALS, INFORMATION, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THIS SITE INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.THE ADMINISTRATOR, SIGNATORIES TO THE AGACCORDAGREEMENT AND ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES DO NOT WARRANT THAT THIS SITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT THIS SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE ADMINISTRATOR AND SIGNATORIES TO THE AGACCORDAGREEMENT, ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO THIS SITES. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE ADMINISTRATOR , SIGNATORIES TO THE AGACCORD AGREEMENTS OR ANY AFFILIATED COMPANIES, ITS LICENSORS, AND ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE ADMINISTRATOR OR SIGNATORIES TO THE AGACCORDAGREEMENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ADMINISTRATOR’S AND SIGNATORIES TO THE AGACCORD AGREEMENTS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless and upon request defend, the Administrator and the Signatories to the AgAccord Agreements, any affiliated companies, its licensors, and its employees from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Sites and/or breach of these Terms. The Administrator and the Signatories to the AgAccord Agreements reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Administrator and the Signatories to the AgAccord Agreements in asserting any available defenses.
This Site is maintained by Bryant Christie, Inc under contract with The Biotechnology Industry Organization (BIO) located in the District of Columbia, United States of America. We make no representation that these materials are appropriate or available for use in any particular location. If you use a this Site, you are responsible for compliance with applicable laws. By downloading or using content or features of this Site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.
The Administrator and the Signatories to the AgAccord Agreements make no representation that materials on this Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, United States of America. Actions brought under this Agreement shall be brought in the District of Columbia, provided that federal jurisdictional requirements are satisfied. Users of this Site agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to this Agreement.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein or expressly stated on this Site, these terms constitute the entire agreement between you and the Administrator and the Signatories to the AgAccord Agreements with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Administrator and Signatories to the AgAccord Agreement with respect to this Site. If any part of these Terms & Conditions or terms specific to this Site is held invalid or unenforceable, then the remaining portions shall remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
The Administrator and the Signatories to the AgAccord Agreements reserves the right, in its sole discretion, to terminate your access to this Sites, or an area of this Site immediately and without notice. If you have any problems with these Terms & Conditions or with this Site, your sole and exclusive remedy is to cease using the website(s).
In the event that your access terminates as provided herein or you cease using a this Site, these Terms & Conditions shall survive.
If you have any questions regarding these Terms & Conditions, please contact us at:
Bryant Christie Inc.
1418 Third Avenue, Suite 300
Seattle, WA 98101-2396