Last Updated: Aug 26th, 2009

By using Addgene's web site (Site), you must read and acknowledge that you have understood the following Terms of Use. If you cannot do so, you may not use the Site.

Scope of Use

You acknowledge that Addgene operates as a nonprofit entity and information and services on this Site are provided as a convenience to you. You may use the services and information downloaded from the Site for any purpose, subject to the limitations in this Terms of Use.

Data, license and copyrights from you: Portions of the Site will allow you to save data for future use ("Your Data"). You are solely responsible for, and will not hold Addgene responsible for, Your Data, including that the archival and use of Your Data will not violate any applicable law. You retain copyright and any other rights you already hold in Your Data. By using the Site you are NOT granting Addgene a license to use, reproduce, adapt, modify, translate, publish, or disclose Your Data. Notwithstanding the above, Addgene is permitted to render Your Data to you and other users approved by you. Addgene will use commercially reasonable efforts to keep Your Data confidential from personnel other than you, approved users, or employees of Addgene. Addgene will use commercially reasonable efforts to maintain the availability and integrity of the Your Data. Addgene will not be responsible and assumes no liability for any costs, damages and/or expenses resulting from the use of this Site, including costs, damages and expenses resulting from the loss or disclosure of Your Data.

Data and results generated from the Site: Certain cloning tools, sequence analysis tools, and bioinformatics tools ("Tools") on this website produce information and data ("Results") based on information and data you provide or choices you make. Addgene does not claim any rights, including intellectual property rights, over such Results. You are free to use the Results for any purpose, except when subject to further limitations from other parties. Addgene does, however, reserve rights to the Tools themselves.

Information from the Site that are authored by Addgene or contributed to Addgene by third parties: We encourage you to download from the Site any of the material descriptions, FAQs, newsletters, technical bulletins, product information, regulatory and permit information, citations from scientific literature, other data, text and graphics authored by Addgene or provided to Addgene by third parties ("Content") for your informational, non-commercial use only so long as you also retain all copyright, trademark and other proprietary notices contained on such Content. The Content is provided as a courtesy to Addgene customers and is intended for general, informational purposes only. All information from this Site is subject to change without notice.

Information provided/submitted by you: You may enter and elect to store data on the Site ("Stored Data"). Addgene will use commercially reasonable efforts to keep Stored Data confidential from personnel other than you or employees of Addgene. Addgene will use commercially reasonable efforts to maintain the availability and integrity of the Stored Data. Addgene will not be responsible for any costs, damages and/or expenses resulting from the use of this Site, including costs and expenses resulting from the loss or disclosure of Stored Data. Addgene does not claim any rights, including intellectual property rights, on Stored Data.

Availability of service: While Addgene makes reasonable efforts to ensure that the Site is available at all times, Addgene does not guarantee, represent or warrant that the Site will be uninterrupted or error-free, and Addgene does not guarantee that users will be able to access or use all the Site features at all times. In the event that the Site or Your Data becomes unavailable, temporarily or permanently, Addgene will make efforts to communicate with you and provide you with Your Data.

Addgene may change, suspend, or discontinue any portion or all aspects of the Site at any time, including the availability of any Site feature. Addgene may also impose limits on the use of or access to certain features or portions of the Site, or restrict your access to any part or all of the Site, in all cases without notice and assuming no liability. Addgene also does not guarantee or warrant that Your Data will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images, or other data.

Violations of system and network security: Violations of system and network security are prohibited, and may result in criminal and civil liability. Addgene will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement.

Ordering Materials through Addgene's Repository

To order materials via our Site, you must acknowledge Addgene's Standard Terms of Purchase prior to submitting your order. The Standard Terms of Purchase will be made available to you when you start to submit your order, and can also be downloaded from this Site, under the Site Map section. In addition, to order certain third party materials that have been provided to Addgene for distribution you also will be asked to agree to separate third party terms (e.g., the applicable material transfer agreements) prior to submitting your order. You must have an approved, current account with Addgene to place an order with Addgene.

Addgene Rewards Program

Participation in the Addgene Rewards Program is conditioned on your agreement to the Rewards Program Terms and Conditions.

Privacy Policy

Addgene's privacy policy governing its policies and practices is intended to protect customer privacy. It is available at the bottom of any page from Addgene's website.

No Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE MATERIAL TRANSFER AGREEMENT, IF ANY, OUR SITE AND ALL CONTENT, MATERIALS, OTHER PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH OUR SITE (COLLECTIVELY, "MATERIALS") ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TYPICALITY, SAFETY AND ACCURACY. YOU ARE RESPONSIBLE FOR VERIFYING THAT THE GENERAL INFORMATION PROVIDED IS APPROPRIATE FOR YOUR SPECIFIC FACTUAL SITUATION BEFORE RELYING ON IT. ADDGENE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION. USING OUR SITE, USING THE MATERIALS AVAILABLE ON OUR SITE, AND USING OUR SITE TO STORE INFORMATION OCCUR ARE AT YOUR SOLE RISK. ADDGENE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIAL YOU MAY OBTAIN FROM OUR SITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.

Limitation of Liability

ADDGENE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SITE, EVEN IF ADDGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, OUR SITE, OR RELATED INFORMATION OR PROGRAMS.

Trademarks

Unauthorized use of any ADDGENE trademark, service mark or logo may be a violation of federal and state trademark laws.

Links and Linking

The Site may contain links to internet sites operated by other parties. The linked sites are not under the control of Addgene, and Addgene is not responsible for the privacy practices or the content of other internet sites, and unless otherwise specified, does not imply any relationship, sponsorship, endorsement or affiliation with such organization. We provide links to other internet sites as a convenience to users, and access to any other Internet sites linked to our Site is at your own risk.

Unless otherwise set forth in a written agreement between you and Addgene, you must adhere to Addgene's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Addgene's name and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, or endorsed by, affiliated with, or associated with Addgene, (iii) when selected by a user, the link must display our Site on full-screen without any additions or modifications and not within a frame on the linking Site, and (iv) Addgene reserves the right to revoke its consent to the link at any time and in its sole discretion and without notice.

E-mail Submissions to Addgene

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Modifications

We may modify these Terms of Use at any time by posting the modified version on our Site and revising the "last updated" notice at the bottom of our web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on our Site. Please check these Terms of Use periodically for changes. Your continued use of our Site following the posting of any such changes constitutes acceptance of those changes.

Regulatory Requirements, Applicable Law

Anyone purchasing materials from or depositing materials with Addgene is ultimately responsible for obtaining all necessary permits and for complying with all applicable laws and regulatory requirements.

The information provided on our Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Addgene to any registration requirement within such jurisdiction or country.

Governing Law, Location, Entire Agreement

Unless you are the United States government or its representative, the laws of the Commonwealth of Massachusetts, without reference to its choice of law rules, shall govern these Terms of Use and any agreement that you and/or your institution execute on our Site. For the United States government or its representative, these Terms of Use shall be construed in accordance with Federal law as applied by the Federal courts in the District of Columbia. The Site is operated by Addgene from its offices in Cambridge, Massachusetts, USA. Addgene makes no representation that the information in the Site is appropriate or available for use in other locations, and access to our Site from locations/territories where the content of our site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between Addgene and Purchaser with respect to our Site.

Arbitration

Unless you are the United States government or its representative, any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cambridge, Massachusetts, if available, or Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary in the foregoing, Addgene may obtain from a court any interim or provisional relief that may be necessary to protect Addgene's rights or property. Notwithstanding the foregoing, Addgene reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in our Site, including the right to block access from a particular Internet address to our Site.

Questions?

If you have any questions about our Terms and Conditions of Use, please feel free to contact Addgene.