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ADDGENE TERMS OF USE


Last Updated: May 23, 2013

Thank you for visiting Addgene, Inc., a nonprofit organization, dedicated to helping scientists around the world (“Addgene”). By accessing or using any Addgene products or services, including without limitation, www.addgene.org, microsites, mobile applications, plasmid profiles and sequencing information, Addgene profiles on social media sites, and any other digital services or properties operated or used by Addgene (collectively “Sites”), you acknowledge that you have read these Terms of Use, which may be modified from time to time, and understand and agree to abide by them. Please read these Terms of Use carefully as well as our Privacy Policy. If you do not agree with our Terms of Use or our Privacy Policy, you may not use our Sites. In the event of a conflict between these Terms of Use and the Privacy Policy, the Privacy Policy will apply.

Privacy Policy

Registration data and certain other information about you are subject to our applicable Privacy Policy. For more information, please review our Privacy Policy, which is incorporated into and made a part of these Terms of Use.

Consent to Electronic Communications

When you register through our Sites, or send emails to us, you are communicating with us electronically. By sending us electronic communications, you consent to receiving electronic communications from us via email or through our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. However, please note that emailed submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.

Addgene Intellectual Property

Trademarks: Addgene trademarks, service marks, logos, trade dress or other Addgene-identifying marks included in or made available through Sites (“Marks”) are trademarks or trade dress of Addgene in the United States and other countries. Marks may not be used in connection with any product or service that is not Addgene’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Addgene. You may not frame or utilize framing techniques to enclose any Mark or use any meta tags or any other "hidden text" utilizing any Mark without the express written consent of Addgene.

Copyrights: We encourage you to download from our Sites 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. Our Content is provided as a courtesy to you and is intended for general, informational purposes only. Our Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Addgene. Addgene retains all copyright and/or applicable rights to all text and graphic images provided on its Sites. All information from our Sites is subject to change without notice.

Contributions by You

Your Saved Data: Portions of our Sites 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 the archival and use of Your Data. You agree that such archival and/or use will not violate any applicable law. You will not provide us any false personal information or create an account for anyone outside your institution without permission. You retain the copyright and any other rights you already hold in Your Data. Subject to the terms of the Privacy Policy, Addgene will use reasonable efforts to keep Your Data confidential from personnel other than you, approved users, or employees of Addgene. However, you are solely responsible for maintaining the confidentiality of any of registered account and password and for restricting access to your computer. You agree to accept sole responsibility for all activities that occur under your account or password.

Addgene will not be responsible and assumes no liability for any costs, damages and/or expenses resulting from the use of our Sites, including costs, damages and expenses resulting from the loss or disclosure of Your Data. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Your Results: Certain cloning tools, sequence analysis tools, and bioinformatics tools (“Tools”) on our Sites 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 all rights to the Tools themselves.

Your Suggestions: By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to us through our suggestion or feedback webpages, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) Addgene is not under any obligation of confidentiality, express or implied, with respect to your Suggestions; (c) Addgene shall be entitled to use or disclose (or choose not to use or disclose) such Suggestions for any purpose, in any way, in any media worldwide; (d) Addgene may have something similar to your Suggestions already under consideration or in development; (e) your Suggestions do not obligate Addgene to you in any way; and (f) you are not entitled to any compensation or reimbursement of any kind from Addgene under any circumstances.

Addgene Sites

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

Addgene may change, suspend, or discontinue any portion or all aspects of our Sites 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 a Site, or restrict your access to any part or all of a Site, in all cases without notice and assuming no liability. Further, Addgene does not represent 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.

Links and Linking: Sites 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. Unless otherwise specified, a link to another site does not imply any relationship, sponsorship, endorsement or affiliation with such organization. We provide links to other Internet sites as a convenience to you and other users, and accessing any other Internet sites linked to our Sites is done 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.

Content Control: Addgene retains the right to remove any Content or user-submitted information for any reason, including but not limited to, Content or user-submitted information that we deem threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. We also retain the right to ban or block a user from posting on our social media profiles without notice for a pattern of inappropriate postings or as it deems necessary or appropriate.

Ordering Materials

To order materials, 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 our webpage 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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Addgene Rewards Program

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

No Warranties

EXCEPT AT OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE MATERIAL TRANSFER AGREEMENT, IF ANY, OUR SITES AND ALL CONTENT, ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY 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, VALIDITY, SAFETY AND ACCURACY. YOU ARE RESPONSIBLE FOR VERIFYING THAT THE INFORMATION PROVIDED IS APPROPRIATE FOR YOUR SPECIFIC FACTUAL SITUATION BEFORE RELYING ON IT. ADDGENE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION. USE OF OUR SITES, MATERIALS, CONTENT, AND ANY OTHER RELATED INFORMATION PROVIDED TO YOU BY US IS DONE AT YOUR SOLE RISK. ADDGENE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SITES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR MATERIAL YOU OBTAIN FROM OUR SITE ARE FREE OF ANY POTENTIALLY HARMFUL DEVICES, INCLUDING VIRUSES.

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 RELATING TO ACCESS TO OR USE OF OUR SITES OR CONTENT, EVEN IF ADDGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OR MATERIALS OBTAINED THROUGH THE USE OF OUR SITES, OR THAT ARISES UNDER OR RELATES TO MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PARTY BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURES, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OUR SITES, CONTENT OR RELATED INFORMATION OR PROGRAMS.

Exclusions and Limitations

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these terms of use, including those set forth in the preceding sections, do not apply and all other terms shall remain in full force and effect.

Modifications

We reserve the right to modify these Terms of Use at any time for any reason. Modifications to these Terms of Use will be effective upon posting to this page, and we will revise the “last updated” notice. Please check these Terms of Use periodically for changes. Your continued use of our Sites 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. Our Sites are operated by Addgene from its offices in Cambridge, Massachusetts, USA. Addgene makes no representation that the Content in our Sites is appropriate or available for use in other locations, and access to our Sites from locations/territories where the Content may be illegal is prohibited. Those who choose to access our Sites 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 you with respect to our Sites.

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.