WEB SITE LEGAL TERMS – BioWALL, LLC
Welcome to BioWALL, LLC and affiliates (individually or as a group, “BioWALL”) web site (the “Web Site”). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be legally bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Web Site. We reserve the right to modify these Terms at any time without prior notice, and in using the Web Site, you are bound by the Terms. We do occasionally update these terms, so please refer to them in the future.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by BioWALL or by their respective third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of BioWALL and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of BioWALL or the Third Party Provider. Also, you may not “mirror” any Materials contained on this Web Site on any other server without BioWALL’s prior express written permission.
Except where expressly provided otherwise by BioWALL, nothing on this Web Site shall be construed to confer any license under any of BioWALL’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by BioWALL. BioWALL does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by BioWALL.
The contents of this Web Site are subject to protection by copyright and other laws. The contents of this Web Site may not be copied other than a single, unmodified copy for personal, non-commercial use in which all copyright and other proprietary notices are retained. The contents of this Web Site may not be recopied, reproduced, or otherwise redistributed. The contents of this Web Site may not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain. Permission to use the Web Site in accordance with these Terms terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate laws including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than BioWALL. BioWALL is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. BioWALL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BioWALL of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
THIRD PARTY PUBLICATIONS
BioWALL has not co-authored, ratified, endorsed or adopted the information contained in any third party websites or in any third party publications referenced on this Web Site.
THIRD PARTY STATISTICS
BioWALL has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing them on this web site.
Except where expressly provided otherwise by BioWALL, all comments, feedback, information or materials submitted to BioWALL through or in association with this Web Site (“Submissions”) shall be considered non-confidential and BioWALL’s property. By providing such Submissions to BioWALL, you agree to assign to BioWALL, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. BioWALL shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not BioWALL, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BIOWALL, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS”, AND BIOWALL HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BIOWALL MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
BIOWALL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL BIOWALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF BIOWALL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST BIOWALL FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD BIOWALL HARMLESS FROM, AND YOU COVENANT NOT TO SUE BIOWALL FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
This Web Site may include inaccuracies or typographical errors. BioWALL and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. BioWALL may periodically make changes to the Web Site.
If you access this Web Site, you do so at your own risk and are responsible for compliance with all applicable laws. Any action related to these Terms will be governed by the laws of the State of New York and controlling U.S. federal law; use of this Web Site constitutes agreement of the user to submit to the jurisdiction of the state and federal courts located within the state of New York. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. BioWALL has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by BioWALL.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by BioWALL.
BioWALL, the BioWALL logo, and/or other BioWALL products referenced are subject to trademark protection and may be registered in certain jurisdictions. All other product names, service names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright ©2016 BioWALL, All rights reserved.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the BioWALL Legal Department.