Important Legal Notice
This is a legal agreement (“Agreement”) between ADSBIOTEC, Inc. (“ADSBIOTEC”) and you. ADSBIOTEC websites, including www.ADSBIOTEC.com, (the “Website(s)”) are provided by ADS BIOTEC INC, 7409 Irvington Road, Omaha, NE 68122. Please read the following terms carefully. By clicking the “I Agree” button, or by using this website, you agree to this Agreement, whether you have read it or have not. If you do not agree to this, you may not access or otherwise use this Website.
From time to time, ADSBIOTEC may modify this Agreement. Accordingly, please continue to review this Agreement whenever accessing or using the Website. If at any time you do not wish to accept this Agreement, you may not use the Website. You may only use the Website in accordance with the terms outlined below.
- Copyright & Intellectual Property
1.1 To the best of its information and belief, ADSBIOTEC is licensed to use or owns the copyright in the data, table, graphic, editorial or other content (“Content”) of its Website pages and in the data appearing on its Websites.
NOTICE: Some images on this website are © 2002 by ClipArt.com, you may need their permission to download these and should contact us at email@example.com with any questions.
1.2 Many materials submitted to ADSBIOTEC remain the property of the original authors. While ADSBIOTEC will try to place appropriate notices on the copyrighted materials of others submitted to this website, ADSBIOTEC neither warrants nor represents that you are free to use the Content due to a lack of such notice. Before you copy or further publish any part of the Content, you acknowledge that it is your responsibility to obtain permission from the original author. ADSBIOTEC neither warrants nor represents that any such license, if properly sought, will be granted by the original authors. If you are in doubt about whether material is copyrighted by others or how to contact the original author, please contact firstname.lastname@example.org and we will do our best to help you solve any question.
1.3 You may use any material on this Website clearly marked as owned by ADSBIOTEC-owned, provided you do ALL of the following:
- a) act within the copyright laws of United States, or of the territory in which ADSBIOTEC originally published the material;
- b) publish the material without any adjustment which would alter its meaning or bring ADSBIOTEC, its personnel, representatives, agents, clients or the subject of the material or any other person or entity into disrepute;
- c) publish a credit to ADSBIOTEC or to a specific and relevant ADSBIOTEC publication or website, and to any individual named author, at the foot of the re-used material; and, if reproduced on a website, include a URL link to the original article or the point of entry to that Website page or to the publication’s Website page as agreed in advance in writing with the Website administrator.
1.4 ADSBIOTEC may make available certain Content License Agreements for the commercial re-use, translation and/or re-publishing in printed or electronic form of design and content from its Website and pages. Only a holder of a current Content License agreement who satisfies all requirements of that License agreement may re-use, translate or re-publish, in any form or medium design or content, which originates on a Website or webpage owned or managed by ADSBIOTEC for commercial purposes.
1.5 ADSBIOTEC may at its sole discretion incorporate electronic “watermarking” into published material. Web crawlers are employed to locate watermarked material and to provide legal proof of its re-use. If the simple conditions above are not met, ADSBIOTEC reserves the right to pursue any infringement in the courts of the country where they suffer damage or you are likely to derive benefit.
1.6 All goodwill associated with your use of the ADSBIOTEC trademarks shall inure solely to the benefit of ADSBIOTEC. You shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation thereof, and no license to any of ADSBIOTEC trademarks is granted by this Agreement. All other trademarks, brand names, products and company names cited on this Website are the trademarks and/or property of their respective owners.
1.7 ADSBIOTEC may modify or discontinue the Website, either temporarily or permanently, including removal or addition of functionality or content. ADSBIOTEC may change or amend this Agreement at any time and without notice, including, without limitation, the terms that ADSBIOTEC may be required to “pass through” to User as a result of a separate agreement between ADSBIOTEC and a third party.
1.8 If you are unsure of the legality of your re-use of material published on Websites owned or managed by ADSBIOTEC you should contact email@example.com.
- User Responsibilities
2.1 You may not transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind, including but not limited to: transmission constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law.
2.2 You may not transmit any information, software, e-mail or attachment which contains in full or in part any virus, worm, trojan horse or other harmful component.
2.3 You may not restrict or inhibit use of the Websites by any other individual or organization.
2.4 You may not post, publish, transmit, distribute or otherwise exploit any software, information or material obtained through the Website of ADSBIOTEC and its associated companies other than as provided for in this Agreement.
2.5 All individual articles, reports and other elements making up the Website may be copyright works or protected by database rights. You agree to abide by all additional copyright and database right notices or restrictions contained on the Website.
2.6 You agree to notify ADSBIOTEC in writing promptly upon becoming aware of any unauthorized access to or use of the Website by any party.
2.7 Other than the licenses granted to you under this agreement, you may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate, or in any other way exploit any part of the Website and/or the Website’s material.
2.8 The Website and all the information contained therein may not be used to construct a database of any kind nor may the Website be stored in its entirety or in any part in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
2.9 You agree to indemnify, defend and hold harmless ADSBIOTEC from and against any claims, actions, demands or other proceedings brought against ADSBIOTEC by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the Website and any breach by you of this Agreement. This section survives termination of this Agreement for any such reason.
2.10 You accept that ADSBIOTEC has the right to change the material, or information of any aspect of the Website at any time at its sole discretion. You further accept that such changes may result in your being unable to access the Website. ADSBIOTEC may have to suspend the Website from time to time to carry out maintenance and to make upgrades.
3.2 Your hyperlinks: You may provide hyperlinks to the Website and pages owned and/or managed by ADSBIOTEC and its associated companies without the prior written consent from ADSBIOTEC. Such hyperlinks may only direct users to a specific page of the relevant website, and must display the relevant page in the same form as this Website, without amendment or framing.
4.1 THE MATERIAL AND INFORMATION PUBLISHED ON THIS WEBSITE, AND ON ALL OTHER WEBSITES OF ADSBIOTEC IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITH ALL FAULTS. ADSBIOTEC MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE ERROR FREE, UNINTERRUPTED, OR SECURE. ADSBIOTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. USER SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO USER’S COMPUTER SYSTEMS OR LOSS OF DATA. USER AGREES THAT ADSBIOTEC, THEIR OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS WHETHER ARISING FROM OR RELATING TO TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE.
4.2 The data, views and opinions of authors expressed on the Websites do not state or reflect those of ADSBIOTEC. All Website Content not authored by ADSBIOTEC reflects solely the data, views and opinions of the authors thereof. ADSBIOTEC assumes no responsibility to further investigate and therefore does not warrant the truth, accuracy, completeness or usefulness of any data, views or opinions in the Content. The sole responsibility for the truth, accuracy, completeness or usefulness of any views, data or opinions in the Content resides with the original authors and ADSBIOTEC hereby expressly disclaims any responsibility for the publishing of data, views or opinions on the Websites by the original authors thereof.
4.3 Security mechanisms implemented for the Websites have inherent limitations. Therefore, any loss or harm caused to you through any Website will be borne exclusively by you, and you agree that ADSBIOTEC shall have no liability for any such loss or harm. You agree to indemnify and hold ADSBIOTEC, its officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Websites or breach of this Agreement or violation of any rights of another.
4.4 Errors can occur and ADSBIOTEC offers no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, nor in the event of any viruses, worms, trojan horses and other harmful components being present in or transmitted by ADSBIOTEC systems and networks.
4.5 ADSBIOTEC does not accept any liability for any loss of data or software, revenue, business, profits, cost or expense, or any direct, indirect, incidental or consequential loss or damage arising out of or in connection with the use of, or the lack of availability of the Website or their content and/or in connection with any permission, right or license to use the material given under clause 1.3 or otherwise.
4.6 It is your responsibility to assess the value of the Content on the Websites in the light of your own business and personal circumstances. Website Content remains the opinion of its original authors and does not represent the views of ADSBIOTEC, its directors, employees or agents. ADSBIOTEC Website Content should not be construed or relied upon as legal, financial, or technical advice.
4.7 ADSBIOTEC Websites may contain information and data pertaining to genetic sequences and uses thereof. It is not the intent of ADSBIOTEC to provide specific medical advice, but rather to provide information for research on such genetic sequences and uses thereof. As the information and data provided on the Websites is experimental in nature, it is not warranted for any particular purpose, including therapeutic or diagnostic uses. Users shall seek specific medical advice from a licensed physician for answers to personal medical questions.
- Submission of Content
5.1 Any Content authored by you shall remain your property. Unless otherwise agreed in advance, by submitting any Content to ADSBIOTEC you agree that ADSBIOTEC shall have a limited right to publish any content submitted by you on our Websites, including but not limited to,www.ADSBIOTEC.com. If you intend to asset a copyright interest in any Content submitted by you, you agree to include or attach copyright notice at the time of submission of this Content.
5.2 You agree not to incorporate the Content of others in any Content submitted by you to ADSBIOTEC unless you have the permission of the original author to submit their Content. You also agree to notify ADSBIOTEC firstname.lastname@example.org as soon as you are aware that any material submitted by you is the property of others and is being used without their permission.
5.3 By submitting any Content to ADSBIOTEC, you represent and warrant that you have the right to do so and to grant any and all licenses needed to publish the Content. If this is not so, you agree to indemnify and hold harmless ADSBIOTEC from and against any lawsuit caused by Content submitted by you, including reasonable attorney’s fees.
5.4 While ADSBIOTEC tries to provide reasonably secure Websites and protect data by appropriate measures, no data transmission over the Internet can be guaranteed entirely secure. You therefore agree that ADSBIOTEC is not responsible for the confidentiality of any Content submitted by you, even if this Content is submitted to the secure portion of the Website. You understand that submission of data by you may constitute publication for purposes of the patent laws in many jurisdictions, and that ADSBIOTEC is not responsible for any damages, whether consequential or not, from loss of confidentiality in any Content submitted by you.
- Privacy and Security
6.1 ADSBIOTEC will collect, use, disclose and otherwise manage your Personal Information in accordance with this Privacy and Security Policy.
6.2 As used in this Privacy and Security Policy, “Personal Information” means personally identifiable information such as your name, street address, telephone number, credit card information, and email address.
6.3 ADSBIOTEC may collect and use Personal Information that you provide us when you:
• Purchase, order, return, exchange, register or request certain information about ADS Biotec’s products and services;
• Request warranty or tax exempt information;
• Contact sales or customer service;
• Visit, register on, post to or participate in the features of one of ADS Biotec’s web sites;
• Open an account, enter into a contest or sweepstakes, or participate in a program offered by ADS Biotec;
• Respond to one of ADS Biotec’s surveys;
• Provide ADS Biotec with comments or suggestions;
• Provide ADS Biotec with any information contributed to our web sites on your behalf;
• Provide ADS Biotec with other contact information.
When you use one of the ADS Biotec web sites, certain additional information is collected without you being prompted to provide it. This information includes, but is not limited to, cookies which are covered here.
6.4 When you purchase products and services from ADS Biotec, you may do so anonymously when you pay with cash. If you pay on account or use a credit or debit card for any of your purchases, ADS Biotec will collect your credit or debit card information and keep a history of your purchases. ADS Biotec uses this information to process your orders, to ensure proper delivery, to better assist you when you call us as well as to improve our product and service offerings. When you return previously purchased merchandise or request a refund or exchange, you may be asked to give your name, address, telephone number and provide other information that identifies you. ADS Biotec collects this information to help prevent fraud.
6.5 When you call ADS Biotec about a product, delivery, a billing question or for customer service, you may be asked for information that identifies you along with additional information we need to help us promptly answer your questions, such as your name, email information, mailing address and a telephone number where we might contact you. ADS Biotec may retain this information to assist you in the future or for its other business needs.
6.6 When you ask a question, participate in a survey, or enter a contest by Mail, a ADS Biotec sponsored event, or through our Web Sites, we may collect your Personal Information. This information is used to administer your participation in a contest or for ADS Biotec’s other business needs.
6.7 We may share your Personal Information with third-parties so that they may provide you with information about products and services and special offers. These third parties are not authorized by us to use your Personal Information in any other way. ADS Biotec does not sell your Personal Information.
6.8 Some of our operations may be managed by unaffiliated companies. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions.
6.9 If your purchases are being shipped to you, we will share your shipping information with our delivery service providers (United Parcel Service, FedEx, U.S. Postal Service, or other delivery companies we select).
6.10 ADS Biotec shall be able to disclose your account information in cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the terms of this Agreement; or the copyrights of ADSBIOTEC and others; or may be causing injury to or interference with (either intentionally or unintentionally) ADSBIOTEC’s rights or property, those of other ADSBIOTEC users, or anyone else that could be harmed by such activities.
6.11 ADS Biotec’s web sites may include links to the websites of our business partners, vendors, advertisers and content served by third-parties. The inclusion of any link does not imply ADS Biotec’s endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we encourage you to read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your Personal Information. Third-party Service Providers may need access to some of your Personal Information. In such cases, we only provide third party agents with the minimum amount of information needed to complete the requested service or transaction. We may also provide your information to our affiliated companies and successors. We reserve the right to provide third parties with aggregate statistics about our clients, traffic, viewing and purchasing patterns and other site information. This data reflects site usage patterns, but does not contain personally identifiable information about any individual user. In certain circumstances, we may share your information with service providers that need access to your information to provide operational or other support services. To ensure the confidentiality and security of your information, service providers must agree to safeguard your information in confidence.
6.13 No data transmission over the Internet can be guaranteed entirely secure. While we strive to protect your personal information, ADSBIOTEC can neither ensure nor warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we try to ensure its security on our systems.
6.14 If at any time you would like to be removed from any/all ADS Biotec marketing lists, newsletters, distribution lists, or the like, you may do so by contacting us in any of the ways identified in Section 6.14. Please remember to include your email address, name, mailing address and telephone number in any request. If you use email. send an email request to email@example.com with the word “UNSUBSCRIBE” in the subject line and your email address in the body.
6.15 You may contact us in one of the following ways:
1. Send an email to: firstname.lastname@example.org “Customer Service” in the subject line
2. Call 1-888-974-7483 Monday thru Friday, 8am to 5pm (CT)
3. Send your request by mail to:
7409 Irvington Road
Omaha, NE 68122 USA
ATTN: Customer Service
- General Provisions
7.1 No waiver by ADSBIOTEC of any breach of any obligation arising under this Agreement shall constitute a waiver of any other breach and no failure to exercise or partially exercise by ADSBIOTEC of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
7.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable for any reason, then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
7.3 This Agreement represents the entire understanding between the parties and supersedes any previous communications, representations or understandings, whether oral, written, or relating to the subject matter of this Agreement. The terms of any other or electronic communications relating to the subject matter of this Agreement will not form part of this Agreement.
7.4 Changes and amendments to this Agreement shall be published on the Websites from time to time. Any changes and amendments shall become effective at the date of publication and further use of the Service shall constitute your acceptance of the modified Agreement. You agree that such changes and amendments will bind you despite lack of personal notice.
7.5 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to or application of choice of law rules or principles.
ADS BIOTEC INC is a Delaware Corporation and has its headquarters at 7409 Irvington Road, Omaha, NE 68122.