YOUR USE OF THE WEBSITE
Aldevron provides this Website in conformance with standards and practices for use by persons located within the United States. Aldevron makes no representation that the Website or its content is appropriate or available for use in locations outside the United States.
You may not exploit any aspect of the Website for any commercial purpose without prior written and signed authorization from Aldevron. You must comply with all state, local, national and international laws, rules and regulations that apply to the Website, your use of the Website, and any products or services you learn about on the Website or access through the Website.
By using the Website, you represent, warrant and agree that you will not:
- do anything that could disable, impose an unreasonable large load on the infrastructure, overburden or impair the proper working of the Website;
- restrict or inhibit any person from rightfully using the Website;
- attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- use any deep-link, robot, spider, scraper or other automated means, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy or monitor any portion of the Website or any Content, or in any way circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
- not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Aldevron,or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
- not use the Website or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aldevron or others.
- transmit, post to, or make available through the Website any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- transmit, post to, or make available through the Website any false, misleading or fraudulent information;
- forge or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website or any service offered on or through the Website.
- impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Website, or stating or implying that we endorse any statement you make;
- transmit, post to, or make available through the Website any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that Aldevron may consider offensive;
- transmit, post to, or make available through the Website any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone’s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
- intimidate, harass, or violate the rights of any user or other person;
- solicit private information (including social security numbers, credit card numbers and passwords) from users of the Website;
- harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Website;
- reverse engineer, decompile, or disassemble any portion of the Website;
- send spam or any other unauthorized advertisements or solicitations through or using the Website;
- use an iFrame or offer web search functionality on the Website;
- otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose Aldevron or users of the Website to harm or liability; or
- attempt, encourage or facilitate any of the above.
“User Content” is any information, graphic, text, image, software, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the Website by you or other users of the Website.
You acknowledge that aspects of the Website may be “public.” In addition to the rights granted to us and our service providers, your use of the Website may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. You agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.
You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Website. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.
You acknowledge and agree that we may publish, sublicense, transfer, transmit, perform, display, store, distribute, reproduce, modify, re-arrange, create derivative works from, and otherwise use all or any portion of User Content on the Website and for any purpose related to the business of Aldevron.
You further acknowledge and agree that third parties who provide services to Aldevron may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with Aldevron.
Right to Remove User Content or Block Access
Aldevron generally does not monitor, approve or have any control over any User Content. Nevertheless, Aldevron or its designees, at Aldevron’ discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that we reasonably believe has violated the prohibited conduct guidelines described in this Agreement, is otherwise objectionable, or that is inconsistent with the letter or spirit of this Agreement. Aldevron may also block your access to the Website in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate information you provide to Aldevron; (c) we believe that your actions may cause financial loss or legal liability for you, users of the Website, or us; or (d) we believe that blocking access is a reasonable business practice in the circumstances.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the Website.
Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to open an account (including setting up a Client ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Aldevron immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Aldevron or any other user of or visitor to the Website due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
To open an account on the Website:
- You must provide your company name, a valid email address, and any other information requested in order to complete the registration process.
- Your login may only be used by one person. You may create separate logins for as many users as your plan allows.
- You are responsible for maintaining the security of your account and password. Aldevron cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Access to the Website
Access to the Website and/or other Aldevron websites is provided on an "as is" basis. You may use the Website if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. We reserve the right to, interrupt the operation, perform service, delete, restrict or block access to, or stop providing all or any part of the Website at any time without notice. Aldevron also has the right to suspend or terminate your account and refuse any and all current or future use of the Website Account or Service.
Third Party Content and Links
Aldevron may make available links to websites operated by third parties, which may include advertisers. Making available any link to a website does not imply endorsement by Aldevron of that website or the products or services available through that website; the link may be for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against Aldevron.
Aldevron also may post or otherwise provide content of third parties (“Third Party Content”) as a service to those that might be interested in this information. Aldevron does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. Aldevron is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
You agree that Aldevron is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree to not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Aldevron is in no way responsible for any such use by you.
COPYRIGHTS AND OTHER NOTICES
Aldevron and its licensors retain full copyright ownership, rights and protection in all material contained on the Website with the exception of User Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and HTML code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Aldevron, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as otherwise expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, licensed, rewritten, derivative works creatd from, transferred, sold or distributed in any way (including “mirroring”) to any other computer, server, website or other medium without the prior written consent of Aldevron.
Limited License and Rights to Website Use
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Aldevron.com so long as the link does not portray Aldevron.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Aldevron logo or other proprietary graphic or trademark as part of the link without express written permission.
You may use information provided on Aldevron products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Aldevron for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for the published purpose and do not copy or post such information on any networked computer or broadcast it in any media, and (3) not make any additional representations or warranties relating to such documents.
All content of the Website is Copyright 2016 of Aldevron LLC and its licensors. All rights reserved.
If you are the owner of a United States copyright and you believe that your work has been copied on this Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide all the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Contracts, 4837 Amber Valley Parkway, Fargo, ND 58104
By phone: 701.297.9256
By email: email@example.com
Corporate Identification and Trademarks
All trademarks, service marks and trade names of Aldevron, its partners and licensors (including without limitation: Aldevron, the Aldevron logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Aldevron or its affiliates, partners or licensors and are protected by United States and international copyright laws. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Aldevron’s prior written consent. Aldevron‘s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Aldevron’s in any manner that is likely to cause confusion among our clients or customers, or in any manner that disparages or discredits Aldevron. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
Aldevron may deliver notice to you under this Agreement by means of email, a general notice on the Website, or by written communication delivered by first class U.S. mail. You may give notice to Aldevron at any time by email if confirmed receipt by Aldevron or letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
4837 Amber Valley Parkway
Fargo, ND 58104
Purchases; Other Terms and Conditions
Aldevron’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
Aldevron may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may become out of date, and Aldevron makes no commitment to materials on the Website with respect to such products and services.
The decision whether to obtain any services or products from you shall be at your sole discretion.
All Fee’s for products and services are covered separately under Aldevron’s Terms and Conditions for the specific products and services.
Each party agrees to protect the Information and not to distribute or allow access to the Information to any other party without the prior written consent of the disclosing party, nor will a party make use of any of the other party's Information except in the performance of rights or obligations under the terms and conditions of this Agreement. The obligations in this paragraph shall not apply to data or information which: (a) is or becomes generally available to the public through no breach of this or any other confidentiality obligation, (b) was lawfully in the possession of the receiving party prior to the receipt of such data or information from the disclosing party without an obligation of confidentiality, (c) is or has been received from a third party without restriction on disclosure and without breach of agreement or other wrongful act by the receiving party, (d) is independently developed by the receiving party without regard to or use of the Information of the other party. Notwithstanding the above, plasmid.com shall be entitled to use a summary of data generated through the use of the Site and other similar information generated through the use of the Site provided that any company and personal identifying information is removed from such data or information.
This Agreement is governed by the laws of the State of North Dakota, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with Aldevron or in any way relating to your use of the Website (“Legal Action”) resides in the state and federal courts located in Cass County in the State of North Dakota. You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in Cass County in the State of North Dakota in connection with any such dispute.
If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated.
The headings titles in this Agreement are provided solely for convenience and have no legal or contractual significance.
No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion.
Aldevron will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
Aldevron retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in this Agreement or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Void Where Prohibited
Aldevron administers and operates the www.aldevron.com Website from its location in Fargo, ND USA. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Aldevron reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Disclaimer of Warranties
THE WEBSITE DOES NOT MAKE ANY WARRANTY REGARDING ALDEVRON’S PRODUCTS OR SERVICES. THE WEBSITE IS PROVIDED: (1) WITH ALL FAULTS AS IS AND AS AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALDEVRON, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE WEBSITE, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND ALDEVRON WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THIS WEBSITE. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL ALDEVRON, OUR AFFILIATES, LICENSORS, SUPPLIERS, BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALDEVRON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST ALDEVRON FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. ALDEVRON WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED TEN U.S. DOLLARS ($10.00). THIS IS YOUR EXCLUSIVE REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Except as expressly set forth in this Agreement, Aldevron makes no other representations or warranties of any kind, express or implied, including without limitation, (i) any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, (ii) that the Website will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error, and (iii) any implied warranty arising from course of dealing or usage of trade. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALDEVRON DISCLAIMS ANY AND ALL SUCH WARRANTIES.
You agree to release, discharge, defend, indemnify and hold harmless Aldevron, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Website, including any User Content (defined below) that you provide and any violations of this Agreement for which you are responsible.
Website Makes No Offers
Nothing in the website constitutes an offer. The Website, including (without limitation) information regarding prices and services, merely invites users to negotiate.
WTU_6530-1.2016-04 (Updated April 29, 2016)