| Terms of Use |
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Welcome to Bio-Rad QCNet web site Terms and Conditions (hereinafter referred to as "Site Terms"). Please read these web site terms of use carefully. By using this Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. Please be advised that not all products or services appearing at this web Site may be available in your geographic location.
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| Acceptance of Agreement |
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You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
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| Copyright |
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The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as specifically allowed in this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
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| Conflicting Terms |
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Certain sections or pages of this Site contain separate and/or additional terms and conditions, such as our Privacy Policy. In the event of a conflict, the separate and/or additional terms and conditions will prevail over the present terms of use for those sections or pages.
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| Restrictions on Use of Content |
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Except as authorized by law, you agree not to export or re-export the materials at this Site to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation countries subject to U.S. embargoes or trade sanctions and persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You may not use the materials at this Site, or any copy or adaptation thereof, in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. Subject to the foregoing, Bio-Rad authorizes you to view and download the materials at this Site solely for your personal, non-commercial use, provided that you retain all notices regarding Bio-Rad copyright and other proprietary rights that are contained in the original materials on any copies of the materials. The materials contained at this Site are owned by, and protected by, copyrights and other proprietary rights held by Bio-Rad and third parties. All rights reserved. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any commercial purpose.
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| Disclaimers Associated with Web Site Content |
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YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
BIO-RAD ALSO DISCLAIMS ALL LIABILITY FOR ANY INFORMATION AND MATERIAL CONTAINED IN ANY NON-BIO-RAD WEB SITES LINKED TO THIS SITE. A LINK TO A NON-BIO-RAD WEB SITE DOES NOT MEAN THAT BIO-RAD ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR THE USE OF SUCH WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE NON-BIO-RAD WEB SITES LINKED TO THIS SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
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| Subscription or Charge Based Content and/or Services |
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Some or all Site content and/or Services available on or via this site may be available conditioned on your purchase of a subscription or payment of a one-off charge, including but not limited to the Unity Interlaboratory Program, the EQAS Proficiency Testing program, and all related functionality. Except where expressly provided in other applicable terms, where subscription fees, or other fees including one-time charges are assessed with respect to Services or access, Fees shall be payable by Users in advance at the time, by the means of payment and at the rates stipulated by Bio-Rad. Bio-Rad may deny or suspend access in the event of late or non-payment of any fee due.
Service renewals may be purchased up to 2 months (60 days) prior to the Service expiration date. Upon the renewal of the Service, the new subscription period start date will be the date immediately following the date of expiration of your then-current Service. Failure to renew the Service within 60 days prior to expiration may result in cancellation of the Service. You may cancel your subscription to any fee-based content and/or services by contacting your local Bio-Rad office.
Bio-Rad will make commercially reasonable efforts to inform Users who subscribe to Fee-based content and/or Services of any fee changes in advance.
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| License Grants |
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Bio-Rad hereby grants you a non-exclusive, non-transferable, time limited worldwide license to use the Licensed Software, a browser interface and data encryption, transmission, access and storage, as part of the Unity Interlaboratory Program and/or EQAS Proficiency Testing Services (and related functionality), solely for your own internal business purposes, subject to the terms and conditions of your Subscription.
You do not have the right to and shall not sell, rent, or sub-license the Licensed Software, use the Licensed Software in the operation of a service bureau or time-sharing arrangement, or otherwise redistribute the Licensed Software to any person or entity outside the Enterprise not authorized to use it.
The Licensed Software may contain or be derived from portions of code and documentation provided by third parties including, without limitation, Westgard Inc. under license to Bio-Rad. Bio-Rad has assumed responsibility for the selection of such code and documentation and its use in producing and licensing the Licensed Software.
The Software License Grant does not permit you to reverse engineer, decompile, or disassemble the executable form of the Licensed Software.
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| Your Input |
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You are prohibited from posting or transmitting to or from this Site any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or that otherwise violates anyone's rights. Bio-Rad retains the right to remove any messages including, but not limited to, any material that it deems abusive, defamatory, obscene, or otherwise unacceptable, unlawful or in violation of any third party’s rights. Bio-Rad is not liable in any way for the content of messages posted by you or any other user, and such messages do not necessarily represent the ideas or opinions of Bio-Rad. You agree to indemnify and defend Bio-Rad from any third party liability incurred as the result of any material you have posted or transmitted from this website.
Bio-Rad assumes no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those unsolicited ideas and ideas that may appear in future Bio-Rad products and advertising. You agree that all rights to materials and ideas submitted by you to Bio-Rad may be used by Bio-Rad for any purpose without compensation to you.
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| User Registration |
| To post, upload or download materials or data, communicate via and to access this site, Services, resources and certain or all Site content, User is asked to provide registration details and log on. It is a condition of use of this site, Services and Site content that all registration details User provides are and will remain true, correct, current and complete. You therefore agree to notify Bio-Rad immediately of any changes which are relevant to your registration. |
| Logging On/Off |
| Where you log on in order to gain access to this site or a part of this site, where Bio-Rad provides a 'log-off' option, you undertake to log off and exit from your account at the end of your session. Bio-Rad reserves the right to log off logged on Users whose accounts are inactive for an extended period of time. In order to preserve quality of service for all users as a whole Bio-Rad reserves the right to disconnect you from the Service if your connection to the Service is idle or in any event after 20 minutes. |
| Passwords And Account Details |
| User is responsible for maintaining the confidentiality of his or her password, account number, ID and other details (if any) and for all activities under User's account. Any unauthorized use of User's account or other breach of security should be reported to Bio-Rad immediately. Your registration and/or subscription is personal to you and you may not disclose or make available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your registration and/or subscription and, where you register for fee/subscription-based content/Services, such termination shall be without refund. |
| User Content - Uploaded or Provided Information/Materials |
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In these Terms, User content is information or other content, which is or may be provided to Bio-Rad or entered or uploaded by User via this site or related means, including (without limitation) interlaboratory data, proficiency test results, statistical derivatives, pictures, graphics, document or data files, texts, opinions, personalization settings and other information.
By uploading User content to this site, pursuant to or by reason of site, Services or Site content use or otherwise, User automatically grants Bio-Rad , Bio-Rad Affiliates and their designees a perpetual, irrevocable, right and license to create, publish, translate, display and distribute de-identified, statistical derivative reports and data into any form or medium, including but not limited to interlaboratory reports and proficiency test reports.
However, this section does not apply to any personal information submitted by a User which identifies him or her.
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| Personal Information |
| Personal information will be processed in accordance with the Privacy Policy of this or related Bio-Rad websites, elsewhere in these Terms and any other terms and conditions which apply specifically to any relevant transaction (if any) between User and any Bio-Rad affiliate. |
| Storage and Loss of User Content |
| Bio-Rad shall not be liable for any loss, deletion, removal or failure of delivery to the intended Service of User content uploaded to this site, whether caused by computer virus, unauthorized access or otherwise. Users are encouraged to retain a back-up copy of all User content and Users undertake that they shall do so in respect of all uploaded User content. |
| Software Downloads and Online Applications |
| Any Licensed Software programs, services or utilities available for download or as a remote application or service, from the Site content are provided by way of support and service to Users. User's use of any downloaded Licensed Software programs shall be governed also by the terms of any associated on- or off- line documents, end user license or other relevant agreements, and terms and conditions specified by the relevant vendor or licensor (EULA) (which shall supersede these Terms, in the case of any inconsistency with these Terms). Applicable EULA's may impose additional warranty and liability exclusions or limitations on the software program. The downloading of any software program constitutes acceptance of these Terms. If you do not agree with these Terms, you may not download any software program or accompanying online documentation. |
| Termination |
| Bio-Rad may terminate User's access to or registration through this site if User's account is not accessed or if User does not log-on during any period of 6 months or more. In such circumstances, Bio-Rad will make attempt to send notice of termination to Users at their last notified contact address or e-mail address. Upon termination, Bio-Rad will retain User Content for a period of two years, or as deemed necessary to meet regulatory requirements. |
| Restrictions on Links |
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If you would like to link to Bio-Rad's QCNet Site, you must comply with all applicable laws and the following guidelines:
A web site that links to Bio-Rad's QCNet web site:
- may link to, but not replicate, QCNet web site content;
- should not create a browser or border environment around QCNet web site content;
- should not imply that Bio-Rad is endorsing it or its products;
- should not misrepresent its relationship with Bio-Rad;
- should not present false information about Bio-Rad products or services;
- should not use the BIO-RAD trademark or any other trademarks owned by Bio-Rad without permission from Bio-Rad;
- should not contain content that could be construed as distasteful, offensive, or controversial
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| Indemnification |
| You agree to indemnify, defend and hold Bio-Rad and its agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site. |
| Limitation of Liability |
| Bio-Rad shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance. |
| Severability |
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In the event that any of the provisions herein shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect and shall be construed as a whole in such a manner as will carry out the purpose hereof and afford Bio-Rad the maximum protection of its business interests allowed by law.
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| Applicable Laws |
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These terms of use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of laws. However, to the extent that these terms of use conflict in any material way with any applicable law or regulation, such law or regulation shall control. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
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