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Please Read Carefully
As used herein, the words “User,” “you” and “your” mean users of the Website and the words “we,” “our,” “us” “Agriplex” and “Agriplex Genomics mean Covariance Biosciences, LLC d/b/a Agriplex Genomics, the owner and operator of the Website, and the provider of the services provided through the Website.>
We reserve the right to revise these Terms at any time by updating this posting, and also to modify or terminate any products, services or features on the Website at any time. All products, services or features available on or through this Website are subject to these Terms.
By accessing the Website, you represent, acknowledge and agree that you are at least 18 years of age. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold us harmless if said minor breaches or disaffirms any term or condition of this Agreement.
Limitations of Use
You may browse the Website, and you may download material displayed on the Website, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Website for public or commercial purposes. These limitations apply to all material on the Website, including but not limited to the text, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Agriplex and/or its contributors. Unless otherwise noted, all material on the Website is copyrighted.
You may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website.
By submitting to us any Submissions, you represent and agree as follows:
The Submissions are your own. You did not copy them from anyone else. You have the right to submit them to us for publication.
We shall have the right to post (or to elect not to post) the Submissions on the Website, and to modify them in any way we deem appropriate, either before or after posting.
Our right to use the Submissions is royalty-free (that is, without payment to you), and extends to all media, whether now existing or later discovered, including but not limited to print, film, electronic, etc. (not limited to our Website). This permission is non-exclusive, permanent, irrevocable and worldwide.
You must include your name and e-mail address with any submission so we can contact you with any questions. Your name (but not your e-mail address) will be posted with the Submissions on the Website and any other media in which we publish the Submissions. If you object to any modification(s) we make to the Submissions, you may request to have your name removed from any later publications.
We are not responsible for any content, advice or information furnished or posted by members or other third parties, including but not limited to postings on any bulletin boards, chat rooms, member tips, or other spaces that invite submissions.
Submissions to Other Sites
You hereby grant to us a perpetual, worldwide, royalty-free license to any communications or materials you submit to Agriplex’s pages on any other website (such as Facebook or Instagram) for use by us and our affiliates, licensees and assignees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, inclusion in products sold by Agriplex and posting in any and all media.
We use reasonable efforts to include accurate and up-to-date information in the Website, but makes no warranties as to its accuracy. We have not reviewed any sites linked to the Website and are not responsible for the content of any off-Website pages or any sites linked to the Website. Your access to, and use of, the Website, including your linking to any other off-Website pages or other sites, are at your own risk.
Any merchandise, coupons, offers, products or services offered to you through links to the Website are provided by third parties who are not affiliated with Agriplex. We do not endorse any third-party sites or any offers available through any such sites. We have no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.
Disclaimer of Warranties
EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AGRIPLEX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR ADVICE ON THE WEBSITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE WEBSITE.
Disclaimer and Limitation of Liability
Agriplex and its affiliates and their respective members, managers, officers, employees, contractors and agents (in each case, a “Released Party”) shall not be liable for any direct, indirect incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Website, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services or features, even if advised of the possibility of such damages or losses. Each Released Party’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed one dollar (US$1.00).
Indemnity and Release
As a material inducement to provide you with use of the Website, by using the Website, (i) you release each Released Party from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Website or any materials downloaded from this Website and (ii) you indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.
If you have a dispute involving the Website with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in these Terms are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, are the Trademarks of Agriplex, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Website without the written permission of Agriplex or the third party that may own the relevant material.
Intellectual Property Infringement Claims
We will respond as quickly as practical to any claims that infringing material appears on the Website, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the “Act”), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:
Attention: Registered Copyright Agent (email@example.com)
Covariance Biosciences, LLC d/b/a Agriplex Genomics
11000 Cedar Ave Suite 250
Cleveland, OH 44106
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.
Agriplex reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating access to the Website. Any failure by Agriplex to enforce any of our rights hereunder shall not be deemed a waiver of such rights or of any other rights.
These terms and conditions are governed by the laws of the State of Ohio, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of this Website shall be resolved exclusively in the State or Federal Courts located in Cuyahoga County, Ohio, and you and Agriplex both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Website is made available only to provide information about Agriplex and its products and services. Agriplex controls and operates this Website from its headquarters in Cleveland, Ohio, USA, and makes no representation or warranty that materials in the Website are appropriate or available for use in any other jurisdictions. If you use this Website from elsewhere, you are responsible for compliance with all applicable local laws.
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