This Web site has been designed to provide general information about MetaMorphix®, Inc., MMI Genomics, Inc., and their other affiliates (collectively, “MetaMorphix®”).  This Terms of Use sets forth the terms and conditions under which you may use this Web site.  By accessing or using this Web site, you certify that you are of legal age or have the authority to act on behalf of another person or entity and that you agree to the terms and conditions of this Terms of Use.  MetaMorphix®, at its sole discretion, may terminate your use of this Web site at any time for any reason whatsoever.

MetaMorphix® authorizes you to use this Web site and copy and print documents published by MetaMorphix® on this Web site for your immediate, personal and noncommercial use only, provided any copy of such documents that you make shall retain and display all copyright and other proprietary notices contained therein.  You access and use this Web site and the content, data, information and technology (collectively, "MetaMorphix® Technology") available on it at your own risk.  The MetaMorphix® Technology is provided on an "as is" and "as available" basis.  To the maximum extent permitted by law, MetaMorphix® disclaims all warranties of any kind, whether express, statutory or implied, including, without limitation, the implied warranties of title, data and content accuracy, merchantability, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.

MetaMorphix® shall not be liable in any manner whatsoever for direct, incidental, special, consequential or punitive damages resulting from the use of, or inability to use, the MetaMorphix® Technology.  Subject to the foregoing, the cumulative liability of MetaMorphix® for all claims arising from or relating to this Terms of Use, the MetaMorphix® Technology (whether in contract, tort, strict liability or otherwise) shall be limited to direct damages actually incurred by the claimant up to the maximum amount of ten dollars ($10.00). 

You agree to indemnify and hold harmless MetaMorphix®, its affiliates and their employees, officers, directors, and agents harmless and, at MetaMorphix®’s request, to defend such parties from and against any claim, demand, cause of action, debt, loss or liability (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to:  (a) your use or inability to use the MetaMorphix® Technology, (b) our use of any of the information you provide to us and (c) your breach of any representation, warranty or covenant set forth herein.   

MetaMorphix®’s Web site may also contain third-party information.  Such information may be marked with the name of the source.  Such third-party information does not necessarily represent the views or opinions of MetaMorphix®, and MetaMorphix® takes no responsibility whatsoever for such information.  This Web site may also contain links to other Web sites that permit you to leave MetaMorphix®’s Web site.  MetaMorphix® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MetaMorphix® of the third-party Web site.  MetaMorphix® does not have any knowledge of or control over the information contained in such other Web sites.  MetaMorphix® therefore does not take any responsibility whatsoever for information or content contained in other Web sites, links contained in other Web sites or changes to such Web sites.

Should any visitor to this Web site provide information or data, including personal or feedback data, whether in the form of questions, comments or suggestions to MetaMorphix®, regarding the content of MetaMorphix®’s Web site or otherwise, such information shall not be deemed to be confidential and you hereby assign all right, title and interest in and to such information to MetaMorphix® and MetaMorphix® shall have no obligation to you of any kind with respect to such information except that MetaMorphix® shall use such information in accordance with its Privacy and Security Policy.  Without limiting the foregoing, MetaMorphix® shall be free to reproduce, use, disclose and distribute such information to others and MetaMorphix® shall be free to use any information, ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and technologies incorporating such information.  You agree to provide MetaMorphix® with true, correct and complete information when you provide MetaMorphix® with any information and information that does not infringe on any other party’s intellectual property rights.

MetaMorphix® reserves the right to alter the MetaMorphix® Technology (including, but not limited to, the terms and conditions of this Terms of Service) in any way, at any time and for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes or for inaccuracies, typographical errors or omissions in the contents hereof.

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trade secret, trademark or any other intellectual property right of MetaMorphix® or any third party and any and all implied licenses are disclaimed.  MetaMorphix® will use reasonable efforts to notify you of such changes, but your continued use of this Web site shall be deemed as your acceptance of any such changes.

If a dispute arises out of or relates to the MetaMorphix® Technology or this Terms of Use or its breach (with the exception of rights to injunctive relief with respect to intellectual property rights), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute shall be resolved in binding arbitration as follows: (a) the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules; (b) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction; and (c) the location of the arbitration shall be Baltimore, Maryland.

If you believe that MetaMorphix® has infringed on any of your intellectual property rights please provide MetaMorphix®'s Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.