These terms and conditions (“Terms”) apply to you when you view, access or otherwise use any website owned by Promega Corporation or its affiliates (in each such case, the “Website”). The Website is owned by Promega. Promega grants you a nonexclusive, nontransferable, limited right to access and display the Website and the materials provided on the Website and make the downloads permitted under the heading “Copyright Notice” below, provided that you comply fully with these Terms.
- Accuracy. All data and information provided on this site is for informational purposes only. Promega makes no representations as to accuracy, completeness, currentness, suitability or validity of any information on the Website and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display or use. All information is provided on an AS-IS basis.
- Opinions. Any opinions expressed on the Website, and those providing comments, are those of the individual authors alone, and do not necessarily reflect the opinions of Promega or any of its agents or employees.
- Copyright Notice. All materials published on or used on the Website are protected by copyright and are owned or controlled by or licensed to Promega, or the party listed as the provider of the materials. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Website only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material.
- Copyright Notification. Promega respects the intellectual property rights of others. Upon proper notice, Promega will remove user-posted comments, posts, messages or other submissions on or to the Website that violate copyright law or suspend access to the Website (or any portion thereof) to any user who repeatedly uses the Website in violation of copyright law. Pursuant to 17 U.S.C § 512, Promega has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been used in a way that constitutes copyright infringement, please send Promega a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Promega to locate the material on the Website; (c) information reasonably sufficient to permit Promega to contact you, such as an address, telephone number and, if available, an 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; (e) a statement by you that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (f) your physical or electronic signature; and (g) such other information as we reasonably request, in the form we reasonably request, to ensure that the Notice of Infringement will not give rise to any adverse claim including for unjustified threats. Please provide us with a notice that includes all of the above enumerated information (“Notice of Infringement”) and fax or mail it to the following address: Promega Corporation, Attn: General Counsel, 2800 Woods Hollow Road, Madison, WI 53711, Facsimile: 1-608-277-2660. By submitting a Notice of Infringement, you acknowledge and agree that Promega may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.
- Commercial Use of Promega Website Materials and Screenshots. Reproduction, copying or redistribution of materials on the Website for commercial purposes is prohibited without the express written permission of Promega.
- Links to Other Websites, Websites and/or Materials. Links may appear on the Website that may be used to link to other Website(s) or websites. These links are provided solely as a courtesy to our Website visitors. Promega has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. Promega is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Promega reserves the right to terminate any link at any time.
- Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Website in any way. Unauthorized use or modification of any information stored on the Website may result in criminal and/or civil prosecution under federal, state and local law. You may not use the Website for anything other than a lawful and legitimate purpose. You agree not to use the Website to carry out any unauthorized alteration of any data or information on the Website or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Website. The Website is not intended for use by anyone under the age of 18. We reserve the right to limit or deny your access to the Website or take other appropriate action if you violate any provision of these Terms or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
- Modification of Terms. We reserve the right to make changes to these Terms at any time. If we propose to change these Terms, we will display at least 2 weeks’ prior notice of the change on www.promega.com or such other site as we consider will give appropriate notice of the change. Your continued use of the Website constitutes your agreement to comply with such revisions, so you should visit a Website page from time to time.
- E-mail May Not Be Used to Provide Notice. Communications made through the Website’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Promega or any of its officers, employees, agents or representatives, such as where notice to Promega is required by contract, or any federal, state or local laws, rules or regulations.
- Disclaimer; Limitation of Damages.
- Promega expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access the Website as a result of your use of the Website, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of the Website. THE WEBSITE IS PROVIDED “AS IS,” WITHOUT ASSURANCES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROMEGA NEITHER MAKES NOR GIVES ANY ASSURANCES (WHETHER WARRANTIES OR CONDITIONS OR OTHERWISE) OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
- USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.
- IMPORTANT NOTE: The previous provisions of this Disclaimer; Limitation of Damages section do not apply to the extent they would be unenforceable or otherwise contrary to laws which provide for mandatory consumer rights and which are applicable to these Terms. Some mandatory laws, for example, provide for nonexcludable consumer guarantees. To the extent such laws apply to these Terms, you agree that our liability to you in respect of matters under these Terms will be limited to the maximum extent permitted by such laws.
- Applicable Laws; Venue. (a) The display of the Website alone does not subject Promega to any specific jurisdiction. Access to the Website from any territory where the content is illegal is prohibited. If you choose to access the Website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Website materials in violation of U.S. export laws and regulations. (b) Any claim related to the use of the Website or to the Website materials shall be governed by, construed and enforced in accordance with the laws of the State of Wisconsin as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content or existence of the Website shall be filed only in the appropriate state or federal court located within the State of Wisconsin. The access, viewing or use of the Website constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of Wisconsin for purposes of such actions. (c) The references to the State of Wisconsin in para (b) of this section do not apply to the extent they would be unenforceable or otherwise contrary to laws which provide for mandatory consumer rights and which are applicable to these Terms. Some mandatory laws may require the governing law or the forum for the determination of disputes to be other than those of the State of Wisconsin.
Updated November 13, 2019