Terms of Use
These Terms and Conditions of Use (“Terms and Conditions”) apply to your access and use of, and registration with, the website of BioMendics, LLC. and its affiliates and subsidiaries (the “website”). BioMendics, LLC and its affiliates and subsidiaries shall be collectively referred to as “BioMendics,” “we,” “us,” and “our.”
Your access to, and browsing, review and use of, the website is subject to these Terms and Conditions and all applicable laws. By accessing and using the website, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the website. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the website.
BioMendics reserves the right to change, modify, add, or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the website will mean that you accept such changes or deletions.
Please refer to the BioMendics Privacy Policy for information regarding collection, use, and storage of users’ information.
This website and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of BioMendics, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the website are owned by third parties. BioMendics neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with BioMendics. Except as we have described in these Terms and Conditions, nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on this website, through the use of framing or otherwise, without the prior written permission of BioMendics or such third party that may own the trademark or copyright of material displayed on this website.
From time to time, BioMendics may offer to provide information or materials via e-mail or otherwise to interested persons. BioMendics reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
You may use the website for lawful purposes only. You may not upload to, or distribute or otherwise publish through the website, any Content that is any of the following:
BioMendics does not want to post any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to BioMendics at the below address, giving a written statement that contains the following information: (a) an identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) an identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. BioMendics will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. BioMendics’ contact for submission of notices under this section is: BioMendics (4209 State Route 44, PO Box 95, Rootstown, OH 44272) Attn.: General Counsel (Website Terms & Conditions).
Information that BioMendics publishes on the Site may contain references or cross references to products that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that BioMendics intends to announce or make available such products or services to the general public or in your country.
The website may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that BioMendics is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
Except for information covered by our Privacy Policy, any communication or material you transmit to the website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of BioMendics or its affiliates and may be used, without compensation to you, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
BioMendics may provide you with links to third party websites, and some of the content appearing to originate from the website may be supplied by third party Content providers. BioMendics has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.
The website may become unavailable to you because of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the website does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
BioMendics reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the website at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service. BioMendics may change, suspend, or discontinue all or any aspect of the website at any time, including the availability of any website feature, database, or content, without prior notice or liability.
THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. BIOMENDICS PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS WEBSITE OR ITS POSSIBLE USES. NEITHER BIOMENDICS, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER BIOMENDICS NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES BIOMENDICS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT.
UNDER NO CIRCUMSTANCES SHALL BIOMENDICS NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BIOMENDICS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold BioMendics, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the “BioMendics Representatives”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by BioMendics or any BioMendics Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and Conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. BioMendics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with BioMendics’ defense of such claim.
The Terms and Conditions shall be construed in accordance with the laws of (Need State), without regard to conflict of laws principles.
The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of BioMendics.
If you have any questions about our Terms and Conditions, or their implementation, please contact BioMendics, (4209 State Route 44, PO Box 95, Rootstown, OH 44272), Attn.: General Counsel (Website Terms & Conditions).
These Terms and Conditions were last updated on October, 2022.