Welcome to our website located at https://www.biomagneticsolutions.com/ (“Website”). This website belongs to the BioMagnetic Solutions group (“we”, “us” or “our”).
Please read and review these Terms of Use carefully before accessing or using this Website. By accessing or using this Website, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use this Website. This Website was developed and is administered by us. We reserve the right to make changes to any of our services, policies, terms and conditions (including these Terms of Use), and Sales Terms and Conditions of any of our group’s affiliated companies at any time. Any change shall take effect as soon as it is posted to this Website, or otherwise notified to you.
Use of Website.
Your access to and use of the information contained in this Website is subject to these Terms of Use. If you are accepting these Terms of Use on behalf of a company or any other (legal or natural) person, you represent and warrant that you have full authority to bind that company or person to these terms and conditions. You agree to act lawfully at all times in using and accessing this Website and you will not do, or allow to be done, anything which damages, interferes with, disrupts access to, interrupts or impairs the functionality or accessibility of this Website, or inhibits other users’ use and enjoyment of this Website.
Content.
You agree that access to and use of this Website and its content is at your own risk. We may add, alter, delete or restrict access to materials on this Website at any time at our sole discretion and without liability to you or any other party. We will use reasonable efforts to include accurate and up-to-date information on this Website. HOWEVER, WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR PERFORMANCE OF ANY PARTICULAR PURPOSE OF THIS WEBSITE OR ANY MATERIAL DISPLAYED OR MADE AVAILABLE ON IT. You should verify information obtained from this Website before you act upon it. Our advice does not release you from the obligation to verify the information provided, especially that contained in our brochures, technical user guides, application and technical notes. For specific advice and instructions related to our products and services, please contact us directly. We disclaim any and all warranties, express or implied to the fullest extent permitted by law. Neither we nor any party involved in creating, producing or delivering this Website shall be liable for any loss, damage, expense or cost whatsoever, whether in contract, tort (including negligence) or otherwise arising from reliance on information contained in this Website, access to, use of, or inability to access or use this Website, or any errors or omissions in its content. This limitation includes any loss, damage, expense or cost caused by or related to any viruses that infect your computer equipment, software or data as a result of your access to or use of this Website.
Privacy.
We respect the privacy of our Website users. These Terms of Use should be read together with our Privacy Notice which explain users’ rights and the basis on which we may use or process any personal data (including by using “cookies”) that is disclosed to us via this Website. Please refer to our Privacy Notice for more details.
Limited Use.
You may not use the Website for any reason or purpose which is unlawful, defamatory, harmful, offensive or objectionable in any way nor transmit to, from, or via the Website, or post on the Website any material which could be unlawful, harmful, defamatory, offensive or objectionable in any way whatsoever. We may take any action with respect to any information or material submitted through your use of the Website that we believe is in breach of the terms herein. We have the right to refuse access to the Website to any user, unilaterally and without prior notice, including (without limitation) in case of non-compliance with these terms.
Copyright and other Intellectual Property Rights.
This Website (including but not limited to the design, structure, lay-out and the elements such as information, documents, material and illustrations including, without limitation, text, graphics, designs, logos, button icons, images, videos, and digital downloads contained therein) is the exclusive property of our group companies, affiliates, or their respective licensors and is protected by copyright and intellectual property laws.
You may not modify, copy, store, reproduce, translate, adapt, retransmit, disseminate, rent, license, distribute, sell, publish, broadcast, transfer, or circulate any information, service, product or software as obtained from the Website without our express written consent. You are, however, permitted to print pages from the Website to the extent reasonably necessary for your use of the Website to copy for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed.
Our group companies, affiliates, or their respective licensors own any and all patents, database rights, trademarks, designs and all other intellectual property rights whatsoever anywhere in the world existing in this Website and its content.
Trademarks.
All product names written in capital letters or otherwise designated as such in this Website are trademarks of our group companies, affiliates, or their respective licensors, and may not be used without our written permission. Furthermore, other names of products/services and/or companies as mentioned on the Website can constitute trademarks owned by their respective owners. The unauthorised use or the misuse of these trademarks or any other materials is expressly prohibited and may be in violation of copyright law, trademark law or other intellectual property rights.
Third Party Sites.
This Website may provide links or references to other websites. We accept no responsibility for the content of such other websites and shall not be liable for any loss, cost, expense, damage or injury arising from your use of or access to that content, irrespective of the manner of such use or access. Any links to other websites are provided merely as a convenience to the users of this Website.
Information Provided By You.
You, as the user of this Website are responsible in full for the content and accuracy of any and all information that you send to us, and for ensuring that the rights of third parties are not infringed. Subject to our Privacy Notice, any communication or other material that you send to us through this Website by electronic mail or otherwise, such as any questions, comments, feedback and suggestions, is and will be deemed to be, non-confidential and we shall have no obligation of any kind whatsoever with respect to it. You consent to the storage by us of the information you provide to us and to its use by us and by affiliates of our parent group Gamma Biosciences for statistical analyses or for any other business purposes whatsoever which we may, in our absolute discretion, determine including, but not limited to, developing, manufacturing and marketing products and services.
Communications made through this Website, e-mail and any electronic messaging system shall in no way be deemed to constitute legal notice to us or any of our affiliates or their respective officers, directors, employees, agents or consultants, with respect to any existing or potential claim or cause of action against us or our affiliates or their respective officers, directors, employees agents or consultants, where notice to us or them is required by any federal, provincial or local law, rule or regulation.
International Users.
We do not warrant that the information presented on this Website is appropriate for all locations, especially with regard to the locally marketed package types, designs and sizes, and/or the terms on which products or services are available. Products referenced on the Website may be supplied in different containers and/or package sizes and/or with different marking or labelling in different countries.
Access Authorization.
You are obligated to guard against the unauthorised use of your access authorisation by third parties, and to ensure that it is not used by any other persons without your permission. You must notify us immediately if you have knowledge of any violation of the security of any information on this Website, or of unauthorised use of your access data, or if you have reason to suspect that such a violation could occur.
Security.
To ensure security in the transmission of customer data to the server, we use the Secure Socket Layer (SSL) Protocol. Customer data is only transmitted on the Internet in encrypted form. This is to prevent third parties from gaining access to customer data.
Conclusion of Contract.
Our Sales Terms and Conditions apply to all contracts with us, even if you, as the ordering party, refer to alternative or additional terms and conditions of business or purchase in an order. When you place an order on this Website, you consent and agree to all other terms and conditions that are shown on this Website. An order made through this Website to buy our products only becomes effective and legally binding upon written confirmation of acceptance being provided to you by us. If the details in an order confirmation sent by us differ from those given by you in the order, these must be notified correctly by you to us in writing immediately. Otherwise, a legally binding contract will become effective under the conditions given in the order confirmation. Despite our efforts, the items in our product catalogue may be mispriced. Notwithstanding the previous terms, if we have made a mistake and a product’s correct price is different from the price shown on this Website, we shall not be bound by an order confirmation and we may either contact you to request confirmation as to whether you want to buy the product at the correct price, or cancel your order and provide you with a refund of any payment received by us.
You consent to the collection, processing and use of personal data by us to the extent described in the Privacy Notice. The personal data transmitted to us in relation to an order are stored electronically and used by us to handle and process the order, and for internal administration purposes. They are also used to determine the number and type of visitors to our Website, to analyze the performance of our Website and customers’ requirements, and as information for our internal marketing purposes. By using the online order system on this Website, you also consent to us storing your personal data in the manner described above. We process personal data in accordance with our Privacy Notice.
Indemnification.
You agree to defend, indemnify, and hold harmless BioMagnetic Solutions group, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions or demands (including, without limitation, reasonable legal and accounting fees), resulting or allegedly resulting from your misuse of the Website or any breach of any of the terms set forth in these Terms of Use.
Applicable Law and Venue
The information on this Website is accessible to users outside of the United States of America, and other countries may have laws, regulatory requirements and industry practices that differ from those in the United States of America. These Terms of Use and your use of this Website shall be governed by and construed in accordance with the laws of the United States of America, and any dispute hereunder shall be subject to the exclusive jurisdiction of the U.S. courts.
Miscellaneous.
If any provision of these Terms of Use shall to any extent be held to be void, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions to the fullest extent permissible by law.
Any failure or delay by us to enforce any provision of these Terms of Use shall not constitute a waiver of that provision or of any other provision and any single or partial exercise of any right under these Terms of Use shall not preclude the further exercise of such right or other right under these Terms of Use.
These Terms of Use are personal to you and do not give any right to any third party. We may assign our rights under these Terms of Use without notice to, or consent from, you, however the obligations of you and us set out in these Terms of Use shall pass to any permitted successor in title.
We may amend these Terms of Use from time to time. Any such change shall be notified by way of mention on the home page of the Website.
Last update on 06-06-2022.
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