Terms of Use

Last Updated: May 30th, 2018.

BUHLMANN Diagnostics Corp. (“BUHLMANN”) provides the BUHLMANNlabs.com web site (the “Site”) as a service to its customers and other interested parties. The Site is intended solely for commercial purposes and for adults age 18 or older, and by using the Site, you agree to be bound by these Terms of Use. IF YOU ARE NOT AN ADULT AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. BUHLMANN may change these Terms of Use from time to time, at BUHLMANN’s sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.

1.GENERAL PROVISIONS

1.1 USE OF INFORMATION AVAILABLE ON THE SITE

(a) You acknowledge that BUHLMANN reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.

(b) All information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) (“Site Information”) is the property of BUHLMANN and/or its affiliates, suppliers or licensors.

(c) Unless otherwise noted in a particular document, BUHLMANN hereby authorizes you to download, electronically copy or print in hard copy any document published by BUHLMANN on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by BUHLMANN without prior written approval from BUHLMANN or the appropriate supplier or licensor is strictly prohibited.

(d) Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

(e) Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of BUHLMANN, its suppliers or licensors, or any other third party.

(f) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU DOWNLOAD, COPY OR PRINT FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

1.2 DESIGN AND LAYOUT

The design of the Site is the property of BUHLMANN and/or its affiliates or licensors. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically permitted.

1.3 PRODUCT DESCRIPTIONS AND PRICES

BUHLMANN strives to provide accurate and timely information on the Site. However, BUHLMANN does not warrant that descriptions or prices are accurate, complete, current or error-free. The Site may provide access to data about BUHLMANN, its affiliates, suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, services and prices that are not available in or different from those offered in your country. Such references do not imply that BUHLMANN, its affiliates, suppliers or licensors, or other third parties intend to make available such products, services or prices in your country.

1.4 LINKS TO THIRD PARTY SITES

Any links to third party sites are provided solely for your convenience. Such sites are not under the control of BUHLMANN, and BUHLMANN is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

1.5 PRODUCT PURCHASES

BUHLMANN may, from time to time, offer you to request quotations or place orders for certain products via the site. Such requests for quotations or orders are subject to their own specific Terms and Conditions, available here. In the event of any conflict between the Terms and Conditions and these Terms of Use, the Terms and Conditions shall control. Please be sure to review the Terms and Conditions before requesting any quotations or placing any orders via the Site.

1.6 USER FEEDBACK

(a) Except for information specifically relating to price quotations or terms of orders of products or other Confidential Information (as defined in BUHLMANN’s Terms and Conditions, available here), if you transmit to BUHLMANN any feedback, such as questions, comments, suggestions, or the like (“User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. BUHLMANN has no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to BUHLMANN, you are deemed to grant to BUHLMANN a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with right to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.

1.7 PROHIBITED ACTS

(a) You may not transmit to the Site any unsolicited chain letters or “spam”, or any threatening, harassing, hateful, inflammatory, libelous, false, defamatory, offensive, indecent, obscene or pornographic material, material that invades someone’s right to privacy, material that violates someone’s copyright or other intellectual property rights, or material that would violate any other applicable law or regulation, or that is otherwise objectionable. BUHLMANN will have no liability related to the content of any such communications.

(b) You may not transmit to or via the Site any advertising, surveys, promotional materials, sweepstakes, or any other commercial or non-commercial solicitations.
(c) You are permitted to view the Site only in its full presentation form and are prohibited from “framing” the Site. You may link to the Site only by linking to the home page located at www.buhlmannlabs.com. You are prohibited from “deep linking” to any other pages in a manner to bypass the home page.

1.8 VIOLATION OF TERMS OF USE

You acknowledge that BUHLMANN has the right, in its sole discretion, to limit or terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of BUHLMANN, interfere with any other user’s access or use of the Site, or if BUHLMANN decides that your use is otherwise detrimental to BUHLMANN, its affiliates, suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact BUHLMANN at info@buhlmannlabs.com. BUHLMANN may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. BUHLMANN does not have any obligation or liability to you for the performance or nonperformance of those activities.
2. USER REPRESENTATIONS AND WARRANTIES
By submitting any communication to BUHLMANN, you hereby represent and warrant that you are at least 18 years old, that you are not impersonating anyone, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the communication is true and your own information, and does not violate any intellectual property rights.

3. NO WARRANTY, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION

3.1 NO WARRANTY

(a) THE SITE IS PROVIDED BY BUHLMANN “AS IS” AND WITH ALL FAULTS. BUHLMANN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS OPERATION OR THE COMPLETENES OR ACCURACY OF THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, BUHLMANN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USE OF THE SITE IS AT YOUR OWN RISK.

(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUHLMANN DISCLAIMS ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

3.2 EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL BUHLMANN OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, THE INFORMATION CONTAINED THEREIN, THE USE OR INABILITY TO USE THE SITE, THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE OR THE CONTENT THEREOF, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF BUHLMANN, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BUHLMANN, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

4. INDEMNIFICATION.

You agree to indemnify, hold harmless, and defend BUHLMANN and its shareholders, officers, directors, employees, agents, affiliates, subsidiaries, suppliers and licensors (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the transmission of any information or software on or through the Site, or any breach of these Terms of Use, by you or persons you are responsible for. Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any claim without the consent of the applicable Indemnified Party.

5. MISCELLANEOUS.

5.1 These Terms of Use are governed by the laws of the State of New Hampshire, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply.

5.2 You agree to the sole and exclusive jurisdiction and venue of the federal or state courts sitting in or with jurisdiction over Merrimack County, New Hampshire, in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it, and you waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non conveniens. You and BUHLMANN irrevocably waive the right to jury trial.

5.3 The failure of BUHLMANN to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right.

5.4 You and BUHLMANN are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

5.5 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

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