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User Agreement

Last Updated February 2011

This website is owned and operated by, or on behalf of, ProteinSimple Technologies Inc. (“ProteinSimple”).  By using this website, you agree to abide by these Terms of Use: please read them carefully.  If you do not consent to these Terms of Use, please do not use our website.

Limited Licence

ProteinSimple invites you to view, use and download a single copy of this website for your informational, non-commercial use.  ProteinSimple grants you a limited licence to display on your computer, print, download and use the underlying HTML text, audio clips, video clips and other content that is made available to you on our website, for personal, non-commercial purposes only, provided that:

  1. you do not modify or misrepresent any such content; and
  2. you include with and display on each copy of such content the associated copyright, trade-mark or other proprietary notices and this limited license.

Except as expressly provided below, you agree not to reuse material from www.proteinsimple.com, www.mfitech.com or from any other website owned by ProteinSimple.  In particular, you agree not to copy, distribute, republish, upload, post, sell, reverse engineer, edit or transmit any content unless you have received ProteinSimple’s prior written consent. 

No rights are granted with respect to ProteinSimple’s trade-marks.  Any unauthorized use of ProteinSimple trade-marks is strictly prohibited.

ProteinSimple may terminate, change or restrict your use of its websites for any reason without notice.

Prohibited Uses

Without ProteinSimple’s prior written consent, you may not, nor may you allow others to, directly or indirectly:

  1. remove, from any copy of the content on our websites, the copyright or other intellectual property notices;
  2. sell, modify or attempt to modify the content of our website in any way or reproduce or publicly display, perform or distribute, or otherwise use any content on our website for any public, commercial, or non-educational or non-personal purpose, including, without limitation, use of the content on any other website;
  3. except as expressly permitted in the limited license described above, print or copy any of the HTML or other computer software that is  accessible at our website;
  4. use our website in any manner that could damage, disable, overburden,  impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse our site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through our website (including without limitation uploading, posting or otherwise transmitting on our sites computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our websites’ infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our website or the content on our website in whole or in part);
  5. use or attempt to use another’s account, password, or other information in connection with our website; create or use a false identity on our website, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; attempt to obtain unauthorized access to our website; or send to our websites or ProteinSimple any incomplete, false or inaccurate information;
  6. disrupt or interfere with any other person’s use or enjoyment of our website or affiliated or linked websites, or any services thereof; or
  7. delete or revise any of the content posted on our website.

No Warranties

While ProteinSimple takes steps to verify the accuracy of the information on its websites, it does not warrant the quality, accuracy, timeliness or completeness of any claims, statements or information on our website.  ProteinSimple makes no representations about the suitability of any of the information contained on our websites for any purpose.

ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED IN OUR WEBSITE OR PROVIDED BY OUR WEBSITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, COOKIES, PRODUCTS, AND MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ProteinSimple DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR FREE OR THAT OUR WEBSITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL EFFECTS.

Without limiting the foregoing, there are no warranties that:

  1. the material is of any particular level of merchantability or fit for a particular purpose;
  2. the functional elements contained in the materials will be uninterrupted or error free;
  3. defects will be corrected; or
  4. successful results or outcomes will result from properly following any instructions or directions contained in the materials.

Limitation of Liability

IN NO EVENT SHALL ProteinSimple, ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY (PUNITIVE) DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON OUR WEBSITE WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF ProteinSimple HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

  1. USE OF (OR INABILITY TO USE) THE WEBSITE;
  2. USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE;
  3. FAILURE OF PERFORMANCE;
  4. ERROR;
  5. OMISSION;
  6. INTERRUPTION;
  7. DEFECT;
  8. DELAY IN OPERATION OR TRANSMISSION;
  9. COMPUTER VIRUS; OR
  10. LINE FAILURE.

Intellectual Property

ProteinSimple owns, or is licensed to use, intellectual property rights in the content of its websites.  ProteinSimple’s websites and their content are protected by copyright laws.  Any copying, reproduction, modification, publishing, transmission, distribution or other use of the content on our sites for any purpose that is not authorized under these Terms of Use and for which you do not receive our prior written consent is strictly prohibited. 

ProteinSimple’s logos, trade-marks, trade names, product names, service names and icons (the “ProteinSimple Marks”) are trade-marks of ProteinSimple.  You agree not to display or use the ProteinSimple Marks in any manner without our prior consent. The names and trade-marks of companies or products referenced in our sites may be trade-marks of their respective owners.  Our display of these trade-marks does not convey or create any licence or other rights in these marks or names. 

Disclaimer - Linked Sites

Our websites may link to other websites.  ProteinSimple does not endorse or approve any products or information offered at any linked website.  We make no representation regarding the content or accuracy of materials on such websites.  If you decide to access linked third-party websites, you do so at your own risk.  Please check the Uniform Resource Locator (URL) address displayed in your browser to see if you are still in a ProteinSimple-operated website or have moved to another website. 

We do not claim that ProteinSimple is authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked website is authorized to use any trade-mark, trade name, logo or copyright symbol of ProteinSimple.  You may link to ProteinSimple’s websites but, unless otherwise set forth in a written agreement between you and ProteinSimple, you must adhere to ProteinSimple’s linking policy as follows: (i) any link to ProteinSimple’s websites must be a text only link clearly marked “ProteinSimple”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ProteinSimple’s names and trade-marks; (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ProteinSimple; (iv) when selected by a user, the link must display the website on full-screen and not within a frame on the linking website; and (v) ProteinSimple reserves the right to revoke its consent to the link at any time and in its sole discretion.

Submissions

Certain areas of the ProteinSimple websites may allow you to send us emails and feedback, or to provide information.  By submitting such content, you grant to ProteinSimple, subject to these Terms of Use and to ProteinSimple’s Privacy Policy, the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media and you waive any moral rights you may have in such content.  Subject to applicable laws, ProteinSimple shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

Release/Indemnity

You agree to release, indemnify and hold harmless ProteinSimple, its directors, officers, agents and employees (collectively referred to herein as the “Releasees”) from all liability in any way relating to or arising in connection with your use of our website including injuries, loss or damage of any kind.  You acknowledge and agree that the Releasees have not made, and are not liable for, any representation, warranty or condition in respect of our website.

Jurisdiction and Choice of Law

ProteinSimple controls and operates its website from the company’s office in Ottawa, Ontario, Canada.  If you use our website from locations outside Canada, you are responsible for complying with laws in your jurisdiction.

If any disputes arise between us regarding your use of our website, such disputes will be resolved according to the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to the principles of conflicts of law thereof.  The courts of the Province of Ontario shall have jurisdiction over all such claims.  If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Changes to these Terms of Use

ProteinSimple may modify these Terms of Use, and the agreement they create, at any time by posting amended Terms of Use on this website, indicating at the top of this page the date of the last update.  Please review these Terms of Use periodically. Your continued use of this website following the posting of changes to these Terms of Use will mean that you accept those changes.

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