Terms and Conditions of Use for eppendorfna.com.
The following “Terms and Conditions” govern your use of this website (comprising eppendorfna.com and referred to as the “Site”). If you do not agree to be bound by these terms and conditions, you must exit the Site. Your continued viewing or use of this site will constitute your agreement, on behalf of yourself and any entity on whose behalf you are acting, to all of the Terms and Conditions. The Terms and Conditions may be modified in the sole discretion of Eppendorf North America, Inc. (“we”, “us” or “our”) at any time without notice and your subsequent viewing or use of the Site will constitute your agreement to the Terms and Conditions then in effect. Notice of any such changes shall be provided on this Site. Additional terms and conditions may appear elsewhere on the Site with regard to the use of particular functions, features, information and applications and your accessing or use of the applicable function, feature, information or application will constitute your agreement with such additional terms and conditions.
Section 1. Use.
This Site is intended to provide information about Eppendorf North America, Inc. to the public and to allow current and potential customers to interact with Eppendorf North America. This Site may not be used for any other purpose. Any personal information submitted to Eppendorf North America through this Site will be handled in accordance with our Privacy Statement. (The Privacy Statement may be viewed by clicking here). Any information submitted to us through this Site, including any ideas, concepts, or techniques for new services or products, will not be considered confidential or proprietary and we will be free to use and communicate such information in any manner we choose.
Section 2. Registration for subscriptions and promotions.
You may choose to register with eppendorfna.com for purposes of receiving a catalog or newsletter subscription, participating in a promotional program, or accessing other features that may be added to the Site in the future. If you do not so register, you will be unable to use the benefits of such program or feature. In registering with Site, you agree to provide accurate and current information about yourself as prompted by the applicable on-line registration form. If you provide any information that is inaccurate or not current, or we have grounds to suspect that such information is inaccurate or not current, we reserve the right to suspend or terminate your registration. In the event that registration involves the selection of a user I.D. and password, you will be responsible for maintaining the confidentiality of the user I.D. and password and for all on-line activities that occur under your user I.D. and password. You agree (a) to notify Eppendorf North America immediately if you learn of any unauthorized use of your user I.D. and password, and (b) to log off and exit from the Site at the end of each visit.
Section 3. Changes to eppendorfna.com.
We reserve the right, without notice, to modify, supplement or delete the contents of the Site, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content").
Section 4. Term.
We may discontinue or suspend the Site at any time without notice, and we may block, terminate or suspend access by you or any other user to the Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 5. Ownership.
The Site and its Content are protected by United States and international copyright, trademark and other laws. © 2004-2006 Eppendorf North America, Inc. All rights reserved. Certain Content may be owned by third parties and used on the Site with permission. Nothing stated in these Terms and Conditions or elsewhere on the Site shall be construed as conveying any right of ownership in the Content nor as granting a license to copy or use any of the Content except in connection with the transaction of business with Eppendorf North America.
Section 6. Disclaimer of Warranty.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS". EPPENDORF NORTH AMERICA AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE THE SITE AND ITS CONTENT. EPPENDORF NORTH AMERICA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF ANY INFORMATION OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Section 7. Limitation of Liability.
USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. EPPENDORF NORTH AMERICA WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THIS SITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED EPPENDORF NORTH AMERICA OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to indemnify and hold harmless Eppendorf North America, Inc. and its affiliates and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of your use or viewing of the Site and its Content.
Section 9. Links to other web sites.
There are links on this Site that allow you to visit the sites of third parties. Although some of these third parties are either affiliates of or distributors for Eppendorf North America, Inc., neither these sites nor the companies to whom they belong are controlled or monitored by us. Eppendorf North America makes no representations concerning the information provided or made available on such sites nor the quality or acceptability any non-Eppendorf products or services offered by any persons or entities referenced in any such sites. Eppendorf North America has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 10. Software.
Any software that is made available to you in connection with this Site or products or services contained in this Site is owned or controlled by Eppendorf North America or its licensors, affiliates, suppliers or distributors and is protected by copyright laws and international treaty provisions. Your use of such software is governed by the terms of the relevant license agreement, if any, which accompanies or is included with such software. Eppendorf North America accepts no responsibility or liability in connection with any software owned or controlled by third parties.
Section 11. Contests.
Any contests, sweepstakes or promotions conducted on the Site shall be subject to official rules which may be found on the Site with the rest of the information associated with such contests, sweepstakes or promotions.
Section 12. Export and International Law.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Site regarding access, use, export, re-export and import of any Content appearing on or available through the Site. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that you are not a national of any such country, and that the Content will not be used for any unlawful conduct or purpose under the laws of any relevant local jurisdiction.
If you access this site from outside the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials shown on this site may refer to products or services that are not available in your country. Consult your local brand distributor for more information. Eppendorf North America makes no representation that the materials on the site are appropriate or available for use at other locations outside of the United States and access to them from countries where their contents are illegal is prohibited.
You should not construe anything on the site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.
Section 13. Controlling Law and Severability.
This Agreement and your use of the Site is governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and all other terms of this Agreement shall remain in full force and effect. Any cause of action with respect to this Site or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Nassau County, New York. This Agreement may not be changed or modified without the written consent of Eppendorf North America.