AGREEMENT BETWEEN USER AND BIONANO LABORATORIES
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITES CAREFULLY.
THE WEBSITES DO NOT PROVIDE MEDICAL ADVICE
Do not rely on the Bionano Laboratories Websites or any content accessed on or through it for medical advice – consult your physician. The content on the Bionano Laboratories Websites such as text, graphics, images, information obtained from Bionano Laboratories content and service providers, and other material (“Content”) and services are for informational purposes only. The Content is not intended to be a substitute for individual professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through any portion of the Bionano Laboratories Websites. Medical information may change rapidly and Bionano Laboratories cannot verify the accuracy or timeliness of any of this information.
Bionano Laboratories does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Bionano Laboratories Websites. Reliance on any information provided by Bionano Laboratories, Bionano Laboratories employees, others appearing on the Web Site at the invitation of Bionano Laboratories, or other visitors to the Web Site is solely at your own risk.
RESTRICTIONS ON USE OF MATERIALS
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. If Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other websites or networked computer environment is strictly prohibited unless you receive our prior written consent. Bionano Laboratories cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection by software viruses or other harmful computer code, files or programs. Any software available for download via the Websites is the copyrighted work of Bionano Laboratories and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with, or otherwise covers, the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
BECOMING A REGISTERED USER
There is no cost to become a registered user of our Websites. You do not have to become a registered user to use the Websites. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Websites.
VIDEOS POSTED ON THE WEBSITE
The health information provided in the videos on Bionano Laboratories Websites is provided for general education purposes and is not intended to constitute medical advice, nor does it serve as a specific product endorsement. The information should not be used for diagnosis or treatment, nor should it be used to replace the advice of your physician or other qualified health provider. Health concerns should be discussed with your personal physician.
LINKS TO THIRD PARTY SITES
The Bionano Laboratories Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bionano Laboratories and Bionano Laboratories is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bionano Laboratories is not responsible for webcasting or any other form of transmission received from any Linked Site. Bionano Laboratories is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bionano Laboratories of the site or any association with its operators.
LINKING TO BIONANO LABORATORIES WEBSITES
If you would like to link to one or more Bionano Laboratories Websites you must following Bionano Laboratories link guidelines. Unless specifically authorized by Bionano Laboratories, you may not connect “deep links” to any of the Websites, i.e., create links to the website that bypass the home page or other parts of the website. You may not mirror or frame the home page or any other pages of the Bionano Laboratories Websites on any other web site or web page.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bionano Laboratories Websites, you warrant to Bionano Laboratories that you will not use the Bionano Laboratories Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Bionano Laboratories Websites in any manner which could damage, disable, overburden, or impair the Bionano Laboratories Websites or interfere with any other party’s use and enjoyment of the Bionano Laboratories Websites. You may not obtain or attempt to obtain any materials, information or Content through any means not intentionally made available or provided for through the Bionano Laboratories Websites.
MATERIALS PROVIDED TO BIONANO LABORATORIES OR POSTED AT ANY BIONANO LABORATORIES WEBSITES
Bionano Laboratories does not claim ownership of the materials you provide to Bionano Laboratories (including feedback and suggestions) or post, upload, input or submit to any Bionano Laboratories Websites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bionano Laboratories, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Bionano Laboratories is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bionano Laboratories’ sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You understand that by using the Websites, you may encounter material that you may deem to be offensive, indecent or objectionable, and that such Content my or may not be identified has having explicit material. Nevertheless, by using the Websites, you agree to use them at your sole risk and Bionano Laboratories will have no liability to you for material that may be found to be offensive, or objectionable.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Websites (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact firstname.lastname@example.org.
YOUR PASSWORD AND USER ACCOUNT
If you are a registered user or subscriber of any of the Websites, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account and for any and all activities that are conducted through your Bionano Laboratories account. You are solely responsible for all activities that occur on or through your account. Bionano Laboratories will not be responsible for any losses arising out of the unauthorized use of your account resulting from your breach of this agreement.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BIONANO LABORATORIES WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIONANO LABORATORIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BIONANO LABORATORIES WEBSITES AT ANY TIME. ADVICE RECEIVED VIA THE BIONANO LABORATORIES WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BIONANO LABORATORIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BIONANO LABORATORIES WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BIONANO LABORATORIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Bionano Laboratories reserves the right, in its sole discretion, to terminate your access to the Bionano Laboratories Websites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah, U.S.A. in all disputes arising out of or relating to the formation, performance or breach of this agreement or the use of the Bionano Laboratories Websites or any Bionano Laboratories service. Your use of the Bionano Laboratories Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bionano Laboratories as a result of this agreement or use of the Bionano Laboratories Websites. Bionano Laboratories’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bionano Laboratories’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Bionano Laboratories Websites or information provided to or gathered by Bionano Laboratories with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bionano Laboratories with respect to the formation, performance or breach of this agreement or the use of the Bionano Laboratories Websites or any Bionano Laboratories service and it supersedes all prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between the user and Bionano Laboratories with respect to such subject matter. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Bionano Laboratories Websites are: © 2022 Bionano Laboratories and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Bionano Laboratories Websites without permission from the trademark owner, except as permitted by applicable law.
Any rights not expressly granted herein are reserved.
In any action against us arising out of the formation, performance or breach of this agreement or the use of the Websites or any Bionano Laboratories service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.