Please read these terms and conditions carefully before using the biosurfaces.us website.
The pages of the biosurfaces.us website (or portions thereof) (the “Website”) are provided by BioSurfaces, LLC and its affiliates as of July 25, 2023, and thereafter (collectively, “BioSurfaces” or “we” or “us”).
By using the Website or downloading materials from the Website, you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions and our Privacy Policy as in effect from time to time, please do not use the Website or download materials from the Website. In addition, we may revoke or suspend your right to use all or any portion of the Website at any time, for any reason.
These Terms govern your access to and use of the Website. Products and services that we offer through the Website may be subject to separate or additional terms and conditions.
WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
BIOSURFACES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE WEBSITE FOR ANY PURPOSE. THE WEBSITE AND ALL OF THE INFORMATION IT CONTAINS IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND WHETHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL BIOSURFACES BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY OTHER WEBSITE TO WHICH THE WEBSITE IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION EVEN IF BIOSURFACES HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. OUR LIABILITY WITH RESPECT TO YOUR USE OF THE WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITH RESPECT TO ANY DAMAGES, LIABILITIES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE OR OTHER COMPUTER MALFUNCTION. YOUR USE OF THE WEBSITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK.
Content Disclaimer
BioSurfaces shall not be responsible for any errors or omissions contained in the Website and reserves the right to make changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. The user therefore acknowledges and accepts that the information published on the Website may include technical or other inaccuracies or typographical errors. In addition, while we take commercially reasonable efforts to ensure that the Website is secure, we do not and cannot guarantee the security of the Website.
License Disclaimer
Nothing on the Website shall be construed as conferring any license to any of the information available on the Website or under any of BioSurfaces’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
Notice Specific to Documents Available on the Website
Permission to use documents such as data sheets, white papers, technical guides, and press releases contained within the Website is granted, provided that (1) the following copyright notice appears in all copies: “Copyright©2023 BioSurfaces, LLC, all rights reserved”, and that both the copyright notice and this permission notice appear, (2) use of such documents from the Website is for informational and non-commercial or personal use only and the documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above for documents specified above does not include the design or layout of the biosurfaces.us website or any other BioSurfaces owned, operated, licensed, or controlled website. Elements of the Website are protected by intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BioSurfaces website may be copied or retransmitted unless expressly permitted by BioSurfaces.
Links to Third Party Websites
The hypertext links on the Website will allow you to leave the Website. The links are provided as a service to users and are not sponsored by or affiliated with the Website or under the control of BioSurfaces. The links are to be accessed at the user’s own risk, and BioSurfaces and the authors of the Website make no representation or warranties about the content of these links. BioSurfaces is not responsible for the safety or content of any links, linked website or any link contained in a linked website. BioSurfaces is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BioSurfaces of the website.
Unsolicited Information
Any personal information you may provide to BioSurfaces via the Website is subject to the Privacy Notice associated with the Website.
BioSurfaces does not want you to, and you should not, send any confidential or proprietary information to BioSurfaces via the Website. You agree that any information or materials that you or individuals acting on your behalf provide to BioSurfaces will not be considered confidential or proprietary.
You further recognize that BioSurfaces does not want you to, and you warrant that you shall not, provide any information or materials to BioSurfaces that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Restrictions on Use
You may not access the Website or use the information contained in the Website for any illegal purpose or in any manner inconsistent with these terms and conditions. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or use any device or computer software to interfere with all or any portion of the Website, including any of the software comprising or in any way making up a part of the Website. You also agree not to scrape, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process to copy any portion of the Website.
Claims Resulting From Your Use of the Website
As a condition of use of the Website, you, the end user, agree to indemnify BioSurfaces and its content providers from and against any and all liabilities, expenses, including attorneys’ fees and damages arising out of claims resulting from your use of the Website, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Trademarks
The BioSurfaces trademark and design and other marks referenced herein are either trademarks or registered trademarks owned or licensed by BioSurfaces. Other product and company names mentioned herein are the trademarks of their respective owners. BioSurfaces prohibits the use of any BioSurfaces trademarks as “hot” links to any BioSurfaces website unless the establishment of such link is approved in advance in writing by BioSurfaces.
Rights Reserved
Any rights not expressly granted herein are reserved. BioSurfaces reserves the right to change these terms and conditions at any time by revising the terms and conditions herein and posting the modified version on the Website. Users are responsible for regularly reviewing these terms and conditions. Continued use of the Website following any such changes shall constitute the user’s acceptance of such changes. BioSurfaces may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
This Agreement
These terms constitute an agreement for use and the entire agreement between BioSurfaces and the user for the use of the Website. This agreement supersedes any and all other agreements, understandings, and communications between the parties regarding the use of the Website.
BioSurfaces may assign or transfer any of its rights or obligations under these terms to an affiliate or third party. BioSurfaces will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these terms. These terms do not confer any benefits on any third party unless these terms expressly state that they do. If any part of these terms are invalid, illegal or unenforceable, the rest of these terms will remain in effect.
BioSurfaces makes no representation that materials available on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the information contained herein in violation of United States or other applicable export laws and regulations. If you access the Website from locations outside of the United States, you are responsible for compliance with all local and other applicable laws. These terms and conditions shall be governed by the laws of the Commonwealth of Massachusetts. You agree to waive trial by jury in any action related to these terms and conditions. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and BioSurfaces as a result of this agreement or use of the Website. You agree not to hold yourself out as a representative, agent or employee of BioSurfaces and BioSurfaces shall not be liable for any representation, act or omission of you, the user.
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