These New England Biolabs, Ltd. (“NEB Canada”) Terms of Use (“Terms”) apply to the access and use of all content, materials, services, software, tools, programmatic computer code, and information (“Information”) available on neb.ca and NEB Canada’s affiliate company’s website, neb.com, or any mobile applications or other websites that NEB Canada, New England Biolabs, Inc. and/or their other affiliate entities (individually and collectively “NEB”, “we”, “us” or “our”) operate or control (individually, a “Site” and collectively, the “Sites”) that include a direct link to neb.ca and/or these Terms. By accessing or using a Site and/or Information accessible therein (the Sites together with such Information are collectively “Content”), you agree, on behalf of yourself and the institution, organization or company for which you are accessing or using the Sites, to be legally bound by these Terms. As such, it is important to read these Terms carefully. If you do not agree with or do not agree to be bound by these Terms, immediately stop using and do not access the Content.
We reserve the right to revise these Terms or any portion of them at any time without notice by posting a new version on the Sites. You are bound by any such revisions and as such we recommend periodically visiting the Sites to review any updated Terms. As a condition of your access to or use of the Content, unless otherwise expressly provided herein or pursuant to other applicable terms or agreements, you acknowledge the following: no right or license to the Content is implied or granted, you will not use the Content for any purpose that is unlawful or prohibited by these Terms, and you will comply at all times with applicable laws and regulations. You may not use the Content in any manner that could damage, alter, disable, overburden, or impair the operation of the Sites, any NEB server, or any networks connected to any NEB server, or that could interfere with any other party’s use and enjoyment of the Content. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to any NEB server or to any of the Content through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Content. You may not combine the Content with any virus, worm, Trojan horse, or other harmful or malicious code, file, script, agent, or program. If you violate any of these Terms, your permission to access and use the Content, including any Information downloadable, printable or otherwise made available to you or stored via the Sites automatically terminates, in addition to any other remedy at law or otherwise that we may have against you.
The Sites, including Content or areas of the Sites, may allow you to register as a user. It is a condition of your user registration that all the information you provide on the Site is correct, current, and complete. You understand and agree that should you be provided an account, your account is specific to you as an individual and you agree not to provide any other person with access or disclose to another person or entity your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access caused by you. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
Except as expressly provided for in writing elsewhere on the Sites, where you choose to provide, upload, enter, link to or display (individually and together “Display”) on the Sites any audio, video, text, images, data, or other material (individually and together “Your Communications”), you grant us a worldwide, non-exclusive, royalty-free, irrevocable and sublicensable license to use, reproduce, adapt, publish, translate, and distribute Your Communications in any and all media. Your Communications must be your own and must not be obscene, illegal, defamatory, threatening, invasive of privacy, infringing on any third party’s rights, or injurious in any other way to third parties, to us or to our Content. You represent that you have appropriate rights to use and/or Display Your Communications on the Site. Do not Display any of Your Communications which you do not want to be used or made public. We reserve the right to remove any of Your Communications from the Sites at any time, and for any reason, without notice.
Privacy Policy
Use of the Content is subject to our Privacy Policy which is incorporated into these Terms by reference. Your use of the Content constitutes your confirmation that you have read and accepted this Privacy Policy. You expressly acknowledge and agree that your collection, use and storage of any Information available through use of the Sites is at your sole risk and responsibility.
Copyright and Use
As between you and us, all Information contained on the Sites is copyright of NEB unless specifically identified otherwise. You may not use or copy the Content other than for non-commercial individual reference purposes with all copyright or other proprietary notices retained. Except as expressly provided above and/or in other applicable terms or agreements, you may not otherwise copy, display, download, install, use, compile, distribute, mirror on another server, transfer, license, lease, loan, sell, modify, reproduce, republish, retransmit, or cause or allow the reverse engineering, disassembly, or decompilation of, any Information contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Information, unless expressly agreed to in writing by an NEB authorized representative. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Content, and/or patent, copyright, or otherwise seek exclusive rights to the Content, whether as a whole or any part thereof.
Trademarks
Trademarks included in the Content are either registered trademarks or trademarks of NEB or its affiliates, or of third party owners, in the United States and/or other countries. The use of trademark symbols in the Content does not necessarily indicate that the trademark is registered in the country where it is being read. The names of actual companies and products, and/or third party trademarks, trade names and logos included in the Content may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Links To Other Web Sites
Links to third party websites, such as to Cell Signaling Technology, Inc.’s website, on the Sites are provided solely as a convenience to you. If you use these links, you will leave the applicable Site. By providing these links, we are not suggesting that the third party is an affiliated entity, and we are not endorsing, adopting or agreeing with any of the content on the linked websites or the products or services of that third party, including but not limited to the third party’s privacy policies, terms of use or practices. We do not review or control the content of third party websites and that content does not constitute part of the Sites. We expressly disclaim any responsibility for the operability of any links to third party websites, the content of any third party websites linked to the Sites or the products or services of that third party. We do not make any representations regarding the content or accuracy of content or materials on third party websites or third party products or services. We urge you to use discretion when you access any third party websites linked to the Sites, as any third party website is governed by its own terms and policies.
Terms and Conditions for Sale of Products
Your purchase and acceptance of and payment for NEB’s products are subject to our Terms of Sale. We do not agree to and are not bound by any other terms or conditions, unless those terms and conditions have been expressly agreed to in writing by an NEB authorized representative.
Disclaimers
Although the Content is provided in good faith and believed to be correct, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of the Content or about any results to be obtained from using the Content. Although we make a good faith effort to update the Content periodically, we do not have any duty to do so, and we will not be responsible or liable for any failure to do so. Content is supplied on the condition that you will make your own determination as to its suitability for your purposes prior to use. Your access and use of the Content is at your own risk. We may make changes to the Content at any time or may cease to make some or all of the Content available in our sole discretion. It is your responsibility to monitor such changes.
We make no claims that the Content is appropriate or may be downloaded for export outside of the country in which the corporate entity that controls the Site is registered. If you access the Content from outside of these locations, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We reserve the right to limit provision of our products or services to any person, organization, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made through the Content is void where prohibited.
Although we employ practices to avoid such issues, we do not warrant that the Content will be provided or operate free of errors, or that Site servers are free of computer viruses and other harmful materials. If your use of any of the Content results in the need for servicing or replacing equipment, data or Your Communications, we are not responsible for costs relating to such service or replacement.
The Content is provided on an 'as is' basis, without any express or implied representations, conditions or warranties of any kind. Without limitation and to the fullest extent permitted by law, we disclaim all express and implied warranties or conditions, including title, merchantability, non-infringement, and fitness for a particular purpose. Nothing contained herein is to be construed as advice to you or a recommendation to use any product, service, tool, software, process, equipment, or formulation in conflict with any patent, and we make no representation or warranty, express or implied, that the use thereof will not infringe any patent. You expressly acknowledge and accept sole responsibility for identifying and evaluating any third party intellectual property rights that may be related to or be infringed by your acts of downloading, installing, compiling and/or using the Content. We make no warranties about the accuracy, reliability, completeness, or timeliness of, nor do we make any commitment to update, correct, maintain, or support the Content, graphics, and links on the Sites.
Indemnity
You agree to indemnify to the fullest extent, defend and hold harmless us and our officers, directors, employees, agents and representatives (collectively, “Affiliated Parties”) from and against all liabilities, claims, demands, causes of action, losses, expenses, damages, and costs, including attorney fees, resulting from any violation by you of these Terms or from our termination of or your access to or use of any of the Content.
Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEB NOR ANY OF ITS AFFILIATED PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF CONTENT, LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER VIRUS, FAILURE OR MALFUNCTION, AND/OR LITIGATION) UNDER ANY LEGAL THEORY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE CONTENT, OR USE OF OR ACCESS TO ANY WEBSITES LINKED TO THE SITES. IN THE EVENT ANY EXCLUSION OR LIMITATION OF LIABILITY IS LIMITED BY LAW, SUCH LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Miscellaneous
If any provision or part of these Terms is found by any court of competent jurisdiction to be invalid or unenforceable under any applicable law, such invalidity or unenforceability will not render these Terms unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions herein. Our failure or neglect to enforce any of our rights under these Terms will not be deemed to be a waiver of our rights. We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent required. These Terms, including any legal notices and disclaimers on the Sites, constitute the entire agreement between us and you in relation to your use of the Content, and supersede all prior agreements and understandings with respect to the same. Headings are for convenience only and will not be used in the interpretation of the Terms. These Terms, and any dispute arising out of them, will be governed by and construed in accordance with the laws of the province of Ontario, Canada without regard to conflicts of law provisions.
