Terms and Conditions of Use
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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:
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.
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:
2800 Woods Hollow Road
Madison, WI 53711 USA
Effective Date: March 30, 2007