This Agreement constitutes the entire understanding between you and SPL regarding the Website and supersedes and replaces any and all prior or contemporaneous agreements between you and SPL.
Term and Termination. This Agreement takes effect upon your access and use of the Website and automatically terminates if any of the following occur: 1) you fail to comply with a term, condition, or other obligation; 2) you cease use of the Website; or 3) SPL chooses to terminate this Agreement with or without cause.
Amendments. SPL will post online any changes to this Agreement. You can determine the date of the last change by noting the effective date of these documents. Your continued access to and usage of the Website signifies your agreement to any such modifications to this Agreement. We encourage you to periodically review this Agreement. You may at any time print, download and/or store a copy of this Agreement.
Intellectual Property. The Website, including, but not limited to, text, images, audio, audiovisual content, source code, applets, web modules, and web-enabled programs used in connection with the Website, contains proprietary content of SPL and is protected under United States and international copyright, trademark, and trade secret laws, where applicable. Except as expressly authorized in writing by SPL in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, in whole or in part for any purpose whatsoever.
SPL grants you a personal, non-transferable and non-exclusive right and license to use the Website on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website. You agree not to access the Website by any means other than through the interface that is provided by SPL for doing so. SPL's word marks, design marks, and slogans are trademarks and/or service marks ("marks") of SPL. No display or use of such marks may be made without the express written permission of SPL.
SPL respects the intellectual property rights of others. If you believe that the Website or any other activity taking place on or in connection with the Website constitutes infringement of a work protected by applicable intellectual property laws, please notify us so that we may respond to any such concerns by contacting us at the following address:
SPECIAL PATHOGENS LABORATORY, L.L.C.
1401 FORBES AVENUE, SUITE 401
PITTSBURGH, PA 15219
Use of Documents. Notwithstanding anything to the contrary herein, permission to use documents (such as white papers, press releases, datasheets, FAQ’s) from this Website is granted, provided that:
- Use of such documents is for informational and non-commercial or personal use only and will not be reproduced, distributed, or transmitted in any manner including without limitation via a computer network or by using any other medium; and
- No modification of documents are made; and
- Use for any other purpose other than outlined above is expressly prohibited.
No Export. You agree to not ship, transfer, or export into any country or otherwise use in any manner the Website in any manner which is prohibited by the United States Export Administration Act or any other applicable export laws, restrictions, or regulations.
Links to Other Websites. The Website may provide links to the websites or services of third parties. Links to such websites or services do not constitute any endorsement by SPL of such third-party websites, or the quality, fitness, suitability, accuracy, or appropriateness of the information, content, materials, products or services which are otherwise presented or made available. You acknowledge and agree that SPL, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party WEBsites OR SERVICES or from the information, CONTENT, MATERIALS, PRODUCTS, OR SERVICES presented by or MADE available through those websites OR SERVICES.
Representations and Warranties. YOU REPRESENT AND WARRANT THE FOLLOWING: 1) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT, IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A THIRD PARTY, THAT YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS OF THIS AGREEMENT; AND 2) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT.
Disclaimer of Warranties. ALL CONTENT MADE AVAILABLE ON OR THROUGH THIS WEBSITE IS PROVIDED ON AN "AS IS", "WHERE IS", AND AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF SUCH CONTENT. THE CONTENT MADE AVAILABLE ON OR THROUGH THIS WEBSITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR OBTAINING PROFESSIONAL MEDICAL, HEALTH, OR THERAPEUTIC ADVICE OR TREATMENT. SPL, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, DO NOT WARRANT THAT THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES USED IN CONNECTION WITH THIS WEBSITE WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability. IN NO EVENT SHALL SPL, its directors, officers, employees, agents, service providers, THIRD PARTIES, and each of their respective successors and assigns, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPL, its directors, officers, employees, agents, service providers, THIRD PARTIES, and each of their respective successors and assigns SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THIS WEBSITE OR ANY DECISION MADE IN RELIANCE OF THE FOREGOING. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY AND SURVIVE THE TERMINATION OF THIS AGREEMENT.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Choice of Law and Venue. This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County located in the Commonwealth of Pennsylvania.
Waiver. The failure of SPL to exercise or enforce any right or provision of this Agreement shall not be deemed as a waiver of such right or provision.
Successors and assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors or assigns.
Survival. The following provisions shall survive the termination of this Agreement and shall apply indefinitely, in addition to any other provisions that are reasonably expected to survive the termination of this Agreement: 1) Intellectual Property; 2) No Export, 3) Links to Other Websites; 4) Representations and Warranties; 5) Disclaimer of Warranties; 6) Limitation of Liability; 7) Severability; 8) Choice of Law and Venue; 9) Waiver; 10) Successors and assigns; and 11) Survival.
Headings. All headings contained in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.