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THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND
CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE
OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW.
IMPORTANT NOTICE TO YOU
These Terms and Conditions of Use (the "Terms and Conditions") govern your
use of the Promega.com web site, including without limitation use of all
content, data, images, information and other materials posted on or available
through this Site (collectively, the "Site"). These Terms and Conditions are in
addition to any other agreement you may have with Promega Corporation, including
any agreement governing your use or your organization's use of Promega’s
products or services. In addition, certain areas of the Site and use of data,
content, or services made available through the Site may be subject to
additional terms and conditions provided in connection with those areas or use
of the data, content, or services.
As a condition of your use of this Site, you warrant to Promega that you will
not use the Site for any purpose that is unlawful or prohibited by these Terms
and Conditions, and only in conjunction with the intended use of Promega products.
You may not reverse engineer, deconstruct, disassemble or decompile any software
or technology underlying the Site or provided through the Site.
The contents of the Site may not be distributed, modified, or reproduced, in
whole or in part, without the prior written consent of Promega, except that you
may download content from the Site to any single computer, provided you keep
intact all copyright, trademark, and other proprietary notices and comply with
any applicable end user license agreements.
Nothing herein shall be construed as a right or license to make, have made,
use, sell, offer to sell, import, lease or distribute Promega's products or
services. Where this Site is used in connection with a Promega product or
service, the rights granted in these Terms and Conditions are subject to the
restrictions of any license described in Promega’s terms and conditions
governing the use of such product or service.
Copies of These Terms and Conditions and Updates
We may revise these Terms and Conditions at any time, and by your continued
use of the Site you agree to be bound by future revisions to these Terms and
Conditions. It is your responsibility to periodically visit the "Terms and
Conditions" link at the bottom of our home page to review the most current
version of the Terms and Conditions. You may use your browser to print copies of
any updated Terms and Conditions.
Ownership
The Site is owned and operated by Promega Corporation. The
Site is protected by United States and international copyright and trademark
laws. Any rights not expressly granted by these Terms and Conditions are
reserved by Promega and/or its vendors and licensors. Any copies that you make
of material or other content as allowed by those Terms and Conditions must
contain the same copyright and other proprietary notices that appear with the
material or content.
No Framing
You may not frame or utilize framing techniques to use, surround or enclose
any names, trademarks, service marks, logos, or other proprietary information
(including; images, text, page layout, or form) of Promega and/or our affiliates
or subsidiaries without Promega's express written consent.
Jurisdictional Issues
This Site is controlled and operated by Promega
from its offices within the State of Wisconsin, United States of America.
Promega makes no representation that materials in the Site are appropriate or
available for use in other locations. Those who choose to access this Site from
other locations do so on their own initiative and are responsible for compliance
with local or national laws, if and to the extent local or national laws are
applicable. The software, technology and other information from this Site is
further subject to United States export controls and, potentially, the import
laws of your jurisdiction. No software, technology or other information from
this Site may be downloaded or otherwise exported or re-exported to any person
or entity on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise
prohibited by United States export control laws. By downloading or otherwise
using any software, technology or other information from this Site in any manner
whatsoever, you represent and warrant that you are not on any such list or
located in, under the control of, or a national or resident of any such country.
Trademarks
A complete list of Promega trademarks is located
here. Promega's trademarks and service marks may not be used in connection
with any product or service that is not Promega’s, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits Promega. All other trademarks, service marks and logos used in this
Site are the trademarks, service marks or logos of their respective owners.
Promega does not make any claims to the marks of others which might appear on
the Site. You gain no right to use any marks of Promega or any other entity by
virtue of your use of this Site.
Security
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF
CIRCUMVENTION AND PROMEGA DOES NOT AND CANNOT GUARANTEE THAT INFORMATION CANNOT
BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN
PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE
INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PROMEGA DOES NOT OPERATE OR CONTROL THE
INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA
OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN
ACCESS TO AND DAMAGE THE SITE AND/OR YOUR INFORMATION, COMPUTERS, AND/OR
NETWORKS. PROMEGA SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY
RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
Hyperlinking to this Site
Except as specifically provided in these Terms and Conditions, you may not create
hyperlinks to this Site. You may provide hyperlinks to the Site on a
non-commercial, not-for-profit Web site, or within any non-commercial analysis
software application, freely accessible by the public at no charge, provided
that "deep links" (e.g., hyperlinks other than to our homepage currently located
at www.promega.com) must be in accordance with any additional terms, conditions
and/or technical instructions that Promega may post on the Site from
time-to-time. If you desire to link to this Site in any such manner, you must
obtain Promega’s written permission. You shall not link to this Site in any
manner which states or implies any affiliation between you or your organization
and Promega, or any sponsorship, approval or recommendation of you or your
organization by Promega. Any permitted link to this Site must clearly identify
Promega as the owner of this Site. Promega reserves the right to redirect any
links to the Site to any page it chooses.
Acceptable Use
You must not transmit any material on or through the
Site that (a) restricts any other user's enjoyment of the Site, (b) is unlawful,
threatening, abusive, libelous, defamatory, pornographic, profane or otherwise
offensive, (c) constitutes or encourages criminal conduct, gives rise to civil
liability, or otherwise violates any law, (d) violates or infringes the rights
of any third party including, without limitation, patent, copyright, trademark,
privacy or any other proprietary right, (e) contains a virus or other harmful
component, or (f) contains false or misleading indications of origin or
statements of fact. Promega reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation, government request,
court order, subpoena or other legal process, or to edit or remove any
information, in whole or in part, that in Promega’s sole discretion is
objectionable, disruptive to the Site or in violation of these Terms and
Conditions.
Use of Robots
At this time, Promega does not permit the use of robots, spiders, crawlers or the like in
connection with the Site without Promega’s prior written permission. This
restriction does not apply to the use of these mechanisms to index content of
the Site for use in connection with search engines and other online directories.
Registration
Registration is required for you to access certain
portions of the Site. If you complete the registration form, then you represent
that the information on your registration form is complete and accurate. You
will be responsible for promptly contacting Promega to update this information
if it changes. When registering, you must select a user ID and password. You are
solely responsible for keeping your password confidential, and for all use of
the Site with your password. You must immediately notify Promega of any known or
suspected unauthorized use of your password.
External Hyperlinks from the Site
The Site contains hyperlinks to third party Web sites. External hyperlinks
to or from the Site do not constitute any
endorsement or recommendation by Promega of any third party or its Web site,
products, resources or other information. An external hyperlink to a site does
not imply that Promega is affiliated with or sponsors the third party's Web
site. Promega is not responsible for any software, data or other information
available from any third party Web site. You are solely responsible for
complying with all terms and conditions of use for the third party sites. You
acknowledge that Promega shall have no liability for any damage or loss arising
from your access to, use of or reliance on any third party site, software, data,
or other information.
Accuracy and Integrity of Information
Although Promega attempts to ensure the integrity and
accuracy of the Site, it makes no guarantees as to the correctness or accuracy
of the Site. In the event that an inaccuracy arises, please inform Promega so
that it can be corrected. Information contained on the Site may be changed or
updated without notice.
Pricing Information
Promega reserves the right to sell products for prices different than those
listed on this web site and to accept or reject orders for any reason. Persons
interested in placing orders for any products should contact customer service
and a current price quote as well as a current version of our product-related
terms and conditions will be made available at such time.
No Warranty
THE SITE AND ALL INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS,
AND "AS AVAILABLE". PROMEGA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR
REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE.
PROMEGA DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE
FOREGOING, PROMEGA DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF
ANY SEQUENCE DATA, ANNOTATION, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION
DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROMEGA DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION,
MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A
PARTICULAR PURPOSE.
Limitation of Liability
NEITHER PROMEGA, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY
KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS
INTERRUPTION) ARISING FROM THE YOUR USE OF THE SITE AND THE INFORMATION
CONTAINED THEREIN, HOWEVER ARISING, EVEN IF PROMEGA OR ITS REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY
TO THE EXTENT IT IS PROHIBITED BY LAW. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB
SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify and defend Promega from any claim (including attorneys fees and costs) arising from
your (a) use of the Site, (b) violation of any third party right, or (c) breach
of any of these Terms and Conditions. You agree to cooperate as fully as
reasonably required in the defense of any claim. Promega reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification under this section and, in any event, you
agree not to settle any such matter without the prior written consent of
Promega.
Procedure for Making Claims of Copyright Infringement
Any notifications of claimed copyright infringement must be sent to the following address:
Legal Department
Promega Corporation
2800 Woods Hollow Road
Madison, WI 53711 USA
Promega respects the intellectual property of others, 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, please provide Promega’s Legal Department
with the
following information:
- An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been
infringed;
- A description of where the material that you claim is infringing is
located on the Site;
- Your address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above
information is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
General
The parties agree that any and all disputes, claims or controversies arising
out of or relating to these Terms and Conditions that are not resolved by mutual
agreement shall be submitted to final and binding arbitration before American
Arbitration Association, or its successor, pursuant to the United States
Arbitration Act, 9 U.S.C. Sec. 1 et seq.. The arbitration shall take place in
Madison, Wisconsin, unless the parties otherwise agree in writing. Within
fourteen (14) days thereafter, the arbitrator shall arrive at a final decision,
which shall be reduced to writing, signed by the arbitrator, and mailed to each
of the parties and their legal counsel. All decisions of the arbitrator shall be
final, binding and conclusive on the parties and shall constitute the only
method of resolving disputes or matters subject to arbitration pursuant to this
Agreement; provided, however, nothing shall prohibit the parties from seeking
injunctive relief and/or other equitable remedies in a court of competent
jurisdiction. The arbitrator or a court of appropriate jurisdiction may issue a
writ of execution to enforce the arbitrator's judgment. Judgment may be entered
upon such a decision in accordance with applicable law in any court having
jurisdiction thereof.
If you have any questions concerning these Terms and Conditions, or you
desire to contact Promega for any reason, please write:
Legal Department
Promega Corporation
2800 Woods Hollow Road
Madison, WI 53711 USA
Effective Date: March 30, 2007
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