PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that
access to and use of this site is subject to the following terms and conditions
and other applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Diffinity Genomics, Inc.. The
collective work includes works that are licensed to Diffinity Genomics, Inc..
Copyright 2003, Diffinity Genomics, Inc. ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Diffinity Genomics, Inc. or purchasing
Diffinity Genomics, Inc. products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with Diffinity Genomics, Inc. or
to purchase Diffinity Genomics, Inc. products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by
Diffinity Genomics, Inc.. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Diffinity Genomics, Inc. used in
the site are trademarks or registered trademarks of Diffinity Genomics, Inc.
Warranty Disclaimer
This site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether express
or implied. To the fullest extent permissible pursuant to applicable law,
Diffinity Genomics, Inc. disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Diffinity Genomics, Inc. does not represent
or warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components.
Diffinity Genomics, Inc. does not make any warrantees or representations regarding
the use of the materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above limitations may
not apply to you.
We
warrant to you, our direct customer, that our goods shall conform substantially
to the description of such goods as provided in our literature accompanying the
goods until their respective expiration dates or, if no expiration date is
provided, for 6 months from the date of your receipt of such goods. THIS
WARRANTY IS EXCLUSIVE, AND WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. Our warranty shall not be effective if we determine, in our sole
discretion, that you have altered or misused the goods or have failed to use or
store them in accordance with instructions furnished by us. Our sole and
exclusive liability and your exclusive remedy with respect to goods proved to
our satisfaction (applying analytical methods reasonably selected by us) to be
defective or nonconforming shall be the replacement of such goods free of
charge, upon the return of such goods in accordance with our instructions,
although at our discretion we may provide a credit or refund. IN NO EVENT SHALL
WE BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT,
NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST PROFITS), EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES. If we manufacture custom goods for you based on instructions,
specifications, or other directions you provide to us, we shall not be liable
for the lack of sufficiency, fitness for purpose or quality of the goods to the
extent attributable to such instructions, specifications, or other directions.
We shall not be liable for any loss, damage or penalty as a result of any delay
in or failure to manufacture, deliver or otherwise perform hereunder due to any
cause beyond our reasonable control.
Limitation of Liability
Diffinity Genomics, Inc. shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Diffinity Genomics, Inc. has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Diffinity Genomics, Inc. product is mistakenly listed at an
incorrect price, Diffinity Genomics, Inc. reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Diffinity Genomics, Inc.
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled,
Diffinity Genomics, Inc. shall issue a credit to your credit card account in the
amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Diffinity Genomics, Inc.
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Diffinity Genomics, Inc. may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Diffinity Genomics, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Diffinity Genomics, Inc. products) shall be in the
state or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Diffinity Genomics, Inc. products) must be commenced
within one (1) year after the claim or cause of action arises.
Diffinity Genomics, Inc.'s failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and conditions.
Diffinity Genomics, Inc. may assign its rights and duties under this Agreement to
any party at any time without notice to you.
For Research Use Only
All of our products are intended for
research use only. Not for use in diagnostic procedures.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Diffinity Genomics, Inc. or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Diffinity Genomics, Inc. does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Diffinity Genomics, Inc. is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
Diffinity Genomics, Inc. reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Diffinity Genomics, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Diffinity Genomics, Inc., its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Diffinity Genomics, Inc.
may link to sites operated by third parties. However, even if the third party
is affiliated with Diffinity Genomics, Inc., Diffinity Genomics, Inc. has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Diffinity Genomics, Inc.. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
Diffinity Genomics, Inc. seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
work).
