1. Description of Service
2. Acceptance of Terms
3. Intellectual Property Rights, Trademarks & Copyrights
3.1. The Materials contained in this Website are protected by Intellectual Property Rights (“IPRs”), which are claimed by us or third parties. IPRs include, but are not limited to patents, trademarks, trade names, inventions, copyrights, design rights, databases, or know how. The Materials may not be used without our prior written permission or the written permission of third party owner. This Website is protected by copyright law as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
3.2. You may download Materials for non-commercial, personal use only, provided you also retain and do not alter any copyright and other proprietary rights notices contained on the Materials. We do not warrant or represent that your use of content or Materials contained in or displayed on this Website will not infringe intellectual property or other rights of third parties not owned by us .
3.3. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from the Materials of this Website for public or commercial purposes.
3.4. Export Control: The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from this Website may be downloaded or otherwise exported in violation of these laws.
5. Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided as a convenience for you and for your reference. We do not control such websites and we are not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
6. Disclaimer of Warranties
We make reasonable efforts to provide accurate and timely Materials contained in this Website. You expressly understand and agree that:
(a) The use of the Materials provided by us is at your sole risk. The information, software, products, and resources published on the Website are provided on an “as is”, and “as available” basis. We expressly disclaim all warranties and conditions of any kind, whether expressed or implied, with regards to this information, software products and resources, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) We make no warranty or guarantees that i) the service will meet your requirements or needs, ii) the service will be un-interrupted, timely, secure, or error-free, iii) the results that may be obtained from the use of the service will be accurate or reliable, iv) the quality of any products, software, resources, information, or any other materials purchased or obtained by you through this website will meet your expectations, and v) any errors in these resources, software, products, information, or any other materials will be corrected. There may or may not be technical inaccuracies or typographical errors contained in the Website, and we will correct such items at our sole discretion as they are discovered.
(c) Any materials downloaded, viewed, or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damages, losses, and loss of data that may result from the downloading of such materials.
(d) No advice or information, whether oral, written, or expressed in data, obtained by you from us or through or from this Website shall create any warranty.
(e) There is no warranty that products and services are available in your geographical area and your eligibility to receive any products or services may be subject to approval by us.
7. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses or any information, even if we have been advised of the possibility of such damages and resulting from:
(a) The use or the inability to use the Website, or delays in using the Website;
(b) The cost of procurement of substitute goods and services resulting from any goods, data, information, or resources purchased or obtained or messages received or transactions entered into through or from this website;
(c) Unauthorized access to or alteration of your transmissions or data;
(d) Statements or conduct of any third party on the service; or
(e) Otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise.
In no event will we be liable for any claim attributable to errors, omissions, or other inaccuracies in the Materials downloaded through the Service.
We also assume no responsibility, and shall not be liable for any loss or damages caused by any viruses that may infect your computer equipment or other property on account of your access to or use of the Website or your downloading of any Materials, images, content, data, video or audio files, from the Website or any websites linked to or from this Website.
Because some states or jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.
8. Unauthorized Access or Modification
Access to and use of password protected and/or secure information areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Website may be subject to prosecution in addition to any other remedy available to us at law or equity, including the suspension or termination of access to this Website.
You agree to indemnify and hold Antibody Design Labs, its parents, subsidiaries, and affiliates, suppliers and content providers and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, judgments, demands, and fees and expenses (including, without limitation, reasonable attorney’s fees) asserted by any third party due to or arising out of (a) your breach of these Terms (including without limitation, any breach of any of your representations, warranties and covenants contained herein), (b) your access to, use of, or conduct on the Website or use of the Service or Product (including, without limitation, any information, products, or other
materials), and/or (c) the violation of any rights of another resulting from or relating to your use of the Website, Product or Service.
10. Severability and changes
In the event any of the Provisions would be held to be unenforceable, the remaining Provisions shall remain in full force and effect and the unenforceable Provision shall be replaced by such enforceable Provision as comes closest to the intention underlying the unenforceable Provision.
11. Governing Law and Jurisdiction
12. Modification of this Terms and Conditions
Last revised: 07/21/2014