|
Use of the site
This Site is not intended for use by anyone not able to
legally form binding contracts. If you are not able to
legally form binding contracts, you may not use the Site
or submit information about yourself to the Site. We
reserve the right to discontinue, suspend, cancel,
deactivate or delete your account and all related
information and files in your account. We further reserve
the right (but do not have the obligation) to restrict,
refuse, terminate, or suspend your access to or use of all
or any part of the Services, at any time and for any
reason without giving any prior notice, in our sole
discretion, including without limitation, in such
instances wherein we believe that you are or might be
engaged in any form of fraudulent, illegal, or otherwise
improper activity regarding the Services. You agree that
we will not be liable to you or any third party for taking
any of these actions.
Registration and user information
Some of the Services offered on the Site require
registration. Without completing such registration you
will not be able to use such Services. You agree to
provide true, accurate, current and complete information
about yourself as prompted during the registration
process. You further agree to maintain and promptly update
such information to keep it true, accurate, current and
complete. Upon completion of the registration, you will
receive an account designation & password. You are
responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password and/or account.
You agree to (a) immediately notify us of any unauthorized
use of your account or password or any other breach of
security, and (b) exit from your account at the end of
each session. We cannot and will not be liable for any
loss or damage arising from your failure to comply with
the foregoing requirements. You understand and agree that
our Services may include communications such as service
announcements and administrative messages from us or from
our partners and that these communications are considered
part of the Services. You will not be able to opt out of
receiving these messages. You also understand that our
Services may include advertisements. You understand and
agree to our cost and payments structure to avail our
services and agree to pay such fee/costs towards the
services availed by you.
We do not sell, resell, or license any of the products or
the services that we review, list, or advertise on our
Site, and we disclaim any responsibility for or liability
related to them. Your correspondence or related activities
with third parties, including payment transactions and
goods-delivery transactions, are solely between you and
that third party. You agree that we will not be
responsible or liable for any loss or damage of any sort
incurred as the result of any of your transactions with
third parties. Any questions, complaints, or claims
related to any product or service should be directed to
the appropriate vendor.
Site content & software
We reserve the right at any time to change the Site,
including eliminating or discontinuing any content on or
feature of the Site and any part of our Services. In
addition, we may revise these Terms of Use at any time, at
our sole discretion, by posting an amended Terms of Use on
the Site. Any changes that we make to the Terms of Use
will be effective immediately upon posting. Please check
this page periodically for changes to the Terms of Use.
Your use of the Site and any dispute related thereto is
subject to the then-current version these Terms of Use.
The Site, its underlying technology and software, and all
content and materials within the Site, including site
layout, design, images, programs, text, illustrations,
videos, music, logos, trademarks, service marks,
animations, and any other information (collectively, the
"Content") are the property of Antibody Central,
its affiliated companies or licensors, or other
users of the Site, and is protected by U.S. and
international copyright and other intellectual property
laws. You acknowledge that these rights are valid and
enforceable. Except as explicitly permitted, on a
case-by-case and use-by-use basis, by the respective owner
of the Content, you may not copy, display, distribute,
modify, publish, perform, reproduce, republish, post,
store, transmit, create derivative works from, reverse
engineer, sell or license all or any part of the Content,
products or services obtained from this Site in any medium
to anyone. Nothing contained in these Terms of Use shall
purport to convey any ownership or other rights with
respect to the Content, and you acknowledge that by using
the Site or Content you do not acquire any ownership or
other rights with respect thereto. You may print or
download Content from the Site for your own personal,
non-commercial use, provided that you keep intact all
copyright and other proprietary notices. You may not
engage in systematic retrieval of Content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database or directory without prior written
permission from us.
You hereby grant and agree to grant us a worldwide,
irrevocable, royalty-free, nonexclusive, sublicenseable
license to use, reproduce, create derivative works of,
distribute, perform (publicly or otherwise), display
(publicly or otherwise), transfer, transmit, distribute,
convert to HTML or any other format, and publish all
content you upload, post, e-mail, transmit, or otherwise
make available on the Site or through the Services
("Your Content") and portions, excerpts or
subsequent versions thereof for the purposes of (i)
displaying Your Content on our Site, (ii) distributing and
allowing access to Your Content, either electronically or
via other media, to users seeking to download or otherwise
acquire it, and/or (iii) storing Your Content in a remote
database accessible by other users, for free or for a
charge. This license shall apply to the distribution and
the storage of Your Content in any form, medium, or
technology now known or later developed.
You covenant, represent and warrant to us that Your
Content does not and shall not: (a) violate any laws; (b)
be abusive, hateful, obscene, profane, pornographic,
threatening, indecent, defamatory, libelous, offensive,
vulgar, or otherwise inappropriate or objectionable with
respect to applicable standards, customs, or practices;
(c) erroneous or inaccurate (to the best of your
knowledge); (d) infringe on or misappropriate any
copyrights, trademarks, trade secrets, patents, other
intellectual property rights, privacy rights, publicity
rights, or any other proprietary or personal rights of any
person or entity; (e) subject us to any costs, claims, or
liabilities of any kind or nature. You understand that
submission of Your Content is not made in confidence and
shall not be held in confidence by us. We may, in our sole
discretion, refuse, move, remove from the Site, or
exercise editorial control over Your Content (or any
portions thereof) at any time if we believe that such
content is outdated, inaccurate, infringes the
intellectual property rights or any other rights of any
third party, obscene, defamatory or libelous, or otherwise
illegal, is no longer of interest to other users of the
Site, or for any other reason, or for no reason. We shall
have no obligation, and shall not be liable for any
failure, to use, display, distribute, or otherwise promote
all or any part of Your Content.
The Content on the Site contains content that we create as
well as content provided by third parties, including,
among other things, product reviews, white papers,
multimedia files, and information about products and
services offered by parties other than AntibolyLink.org,
such as product descriptions, specifications, pricing,
availability, and performance. We do not guarantee, make
any representation to you regarding, and in no way
responsible for, the accuracy, integrity, quality, source,
or nature of the Content. Without limitation, we are not
responsible for postings by users in the user opinion,
message board, or feedback sections of our Site. You
understand that you may be exposed to content that you
find offensive, indecent, or objectionable or that is
inaccurate, and you bear all risks associated with using
that content.
The site, service and the content they contain are
provided on an "as is" and "as available"
basis with no warranties of any kind. to the fullest
extent permissible under applicable law, we expressly
disclaim any and all warranties, express or implied,
including without limitation, regarding the security,
reliability, and performance of the services, any implied
warranties of title, non-infringement, accuracy,
merchantability, and fitness for a particular purpose, and
any warranties that may arise from course of dealing,
course of performance or usage of trade. you assume all
responsibility and risk for your use of the site and
services and your reliance on any materials provided on or
through the site.
Links
Our Site contain links to other Internet sites owned by
third parties. Your use of each of those sites is subject
to the conditions, if any, that each of those sites has
posted. We have no control over sites that are not ours,
and we are not responsible for any changes to or content
on them. Our inclusion on our Site of any third-party
content or a link to a third-party site is not an
endorsement of that content or third-party site.
Indemnity
To the maximum extent permitted by applicable law, you
hereby release, and waive all claims against Antibody
Central, its principals, owners, parents, subsidiaries,
officers, directors, shareholders, employees,
representatives, agents, co-branders, partners,
contractors, consultants, suppliers, licensors, customers,
and other affiliates , from claims, demands and damages
(actual and consequential), costs and expenses (including
litigation costs and attorneys' fees) of every kind or
nature, known or unknown, arising out of or in any way
connected with use of the Service.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, IN NO EVENT SHALL Antibody Central or
ANY OF, its principals, owners, parents,
subsidiaries, officers, directors, shareholders,
employees, representatives, agents, co-branders, partners,
contractors, consultants, suppliers, licensors, customers,
and other affiliates BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR
MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR
ACCESS TO THE SERVICES AND ANY PROPOSED TRANSACTION IN
CONNECTION THEREWITH (INCLUDING, WITHOUT LIMITATION, ANY
INTERACTION WITH THIRD PARTIES FOUND ON OR THROUGH THE
SITE), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE
FOREGOING, IF Antibody Central IS FOUND TO BE LIABLE, OUR
LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO
ONE HUNDRED DOLLARS (U.S. $100).
You agree to defend, indemnify, and hold Antibody Central
harmless from and against any and all claims, liability,
suit, proceeding, demand or action, and any damages,
losses costs (including reasonable attorneys' fees and
other legal costs), expenses, or settlement awards
incurred in connection therewith, arising out of, or
related to, (i) Your Content or any use thereof; (ii) Your
use of the Site, Services and any Content thereon; (iii)
any use or alleged use of your account or password by any
person, whether or not authorized by you; and/or (iv) Your
breach of any term of these Terms of Use. We reserve the
right, at our own expense, to assume the exclusive defense
and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense
of these claims.
General
While using the Site, Services, and any information or
products contained on the Site, you agree to comply with
all applicable laws, rules, and regulations. You agree to
use our bulletin board services, chat areas, news groups,
forums, communities and/or message or communication
facilities (collectively, the "Forums") only to
send and receive messages and material that are proper and
related to that particular Forum. Without limiting any of
the foregoing, you agree that you will not use our Site to
take any of the following actions:
-
Defame, abuse, harass, stalk, threaten, or otherwise
violate the legal right of another person or advocate
any of the foregoing;
-
Publish, post, upload, e-mail, distribute, or
disseminate (collectively, "Transmit") any
inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful content;
-
Transmit files that contain viruses, worms, Trojan
horses, corrupted files, or any other similar software
or programs that may damage, disrupt, or adversely
affect the operation of another person's computer, the
Sites, any software or hardware, or telecommunications
equipment;
-
Advertise, promote, solicit, or offer to sell any goods
or services for any commercial purpose unless you have
our prior written consent to do so;
-
Transmit surveys, contests, pyramid schemes, spam,
unsolicited advertising or promotional materials, or
chain letters;
-
Download any file that you know or reasonably should
know cannot be legally obtained in such manner;
-
Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or
labels of the origin or the source of software or other
material;
-
Restrict or inhibit any other user from using and
enjoying any public area within our Site, including,
without limitation, by means of "hacking" or
defacing any portion of the Site;
-
Interfere with or violate any other Site user's right to
privacy; solicit, collect or store personal information
about other users of the Site without their express
consent;
-
Impersonate any person or entity, including, but not
limited to, a Antibody Central representative, or
falsely state or imply, or otherwise misrepresent your
affiliation with a person or entity;
-
Forge headers or manipulate identifiers or other data in
order to disguise the origin of any content transmitted
through our Site or to manipulate your presence on our
Site;
-
Use the Site or the materials contained on the Site for
any fraudulent or unlawful purpose.
-
Interfere with or disrupt our Site, servers, or
networks, or take any action that imposes an
unreasonably or disproportionately large load on our
infrastructure;
-
"Frame" or "mirror" any part of the
Site without our prior written authorization.
-
Use any robot, spider, site search/retrieval application
or other manual or automatic device or process to
access, monitor, copy, retrieve, index, "data mine"
or in any way reproduce or circumvent the navigational
structure or presentation of the Site, any part of the
Site, or its contents. A limited exception is provided
to general purpose Internet search engines and
non-commercial public archives that use such tools to
gather information for the sole purpose of displaying
hyperlinks to the Site, provided they each do so from a
stable IP address or range of IP addresses using an
easily identifiable agent.
If You believe that any Content available on the Site is
incorrect, pornographic, obscene, or offensive, or
infringes your intellectual property rights, please notify
us by mail to the address provided below. When reporting a
copyright infringement, you must (a) identify the
copyrighted work that you believe has been infringed upon,
in sufficient detail so we can find it; (b) identify the
material on the Site that you claim is infringing, with
enough detail so that we may locate it on the Site; (c)
include a statement that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; (d) include a statement by you
declaring under penalty of perjury that the above
information in your notice is accurate, and that you are
the owner of the copyright interest involved or that you
are authorized to act on behalf of that owner; (e) your
physical address, telephone number, and email address, and
(f) your electronic or physical signature.
You agree that we may collect and use information that you
provide to us or that is otherwise collected about you
when you use the Site, in accordance with our Privacy
Policy.
When accessing this Site (regardless of where you are
located) you agree that these Terms of Use, our Privacy
Policy, and any matters arising from or relating to use of
this Site, are to be construed in accordance with and
governed by the internal laws of the State of California
(without giving effect to any choice of law rule that
would cause the application of the laws of any
jurisdiction other than the internal laws of the State of
California to the rights and duties of the parties), and
any disputes arising herefrom shall be determined by a
court of competent jurisdiction or such other venue which
we may elect as appropriate, in our sole discretion and
you hereby submit to the personal jurisdiction thereof.
Unless provided to the contrary herein, any and all
notices or other communications or deliveries required or
permitted to be made under these Terms of Use shall be
sent (a) if to you, at the electronic mail address you
provide during registration, and (b) if to
Antibody Central, by electronic mail to
contact@dcinformatics.com, or by U.S. certified mail to:
DataCore Informatics
2623 Sequoia way, Belmont, CA 94002
If any provision of these Terms of Use are found for any
reason to be unlawful, void or unenforceable, then that
provision will be deemed severable here from and will not
affect the validity and enforceability of any remaining
provisions. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading,
caption or section title contained herein is inserted only
as a matter of convenience and in no way defines or
explains any section or provision hereof. These Terms of
Use, together with any of our policies and agreements
referred to herein, are the entire agreement between you
and us relating to your use of the Site, Services, or the
Content, and supersedes any and all prior or
contemporaneous written or oral agreements between you and
us regarding the same subject matter (except other
written, fully-executed contracts between you and us).
Neither the course of conduct between you and us, nor
trade practice, shall act to modify any provision of these
Terms of Use. These Terms of Use are not assignable,
transferable or sub-licensable by you except with our
prior written consent. The provisions of the following
sections shall survive any termination of these Terms of
Use: Proprietary Rights, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Your Conduct on
Our Site, Governing Law, Notices, and Miscellaneous.
|