WELCOME TO THE ALICAT SCIENTIFIC WEBSITE LOCATED AT WWW.ALICAT.COM (THE “SITE”). ALICAT SCIENTIFIC, INC. (“ALICAT” OR “WE”) WILL ALLOW USE OF THESITE AND ITS SERVICES (THE “SERVICES”) PURSUANT TO THE TERMS AND CONDITIONS LISTED BELOW (THE “TERMS”). PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. USE OF THE SITE SHALL CONSTITUTE YOUR COMPLETE AGREEMENT TO THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Modification Of Terms
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms. By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.
All contents on the Site are protected by copyright. Alicat hereby authorizes you to view and copy information on the public portions of the “Site” (“Materials”) solely for non-commercial, personal and informational use associated with your interaction with the Site. Any of the Materials taken from the Site shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as stated hereunder, you have no right to copy, download, perform, reproduce, display, distribute, modify, edit, alter or enhance any of the Materials. This limited license terminates automatically, without notice to you, if you breach any of the Terms. Upon termination you agree to destroy any downloaded or copied Materials.
If Alicat becomes aware of inappropriate use of the Site or Materials, Alicat reserves the right to, at its sole discretion, respond in a manner that is seemingly appropriate. You acknowledge that Alicat will reserve the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct.
THE SERVICES, CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES OR ANY CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, OR ANY ITEMS LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, ANY ITEMS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS, PURCHASED, OR SOLD THROUGH THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Alicat from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services or Materials; (b) any feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party; and (e) any breach or non-performance of any covenant or agreement made by you. You agree to promptly notify Alicat of any third-party Claims and cooperate with Alicat in defending such Claims. You further agree that Alicat shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.
Inaccuracies or Errors
The Material may contain inaccuracies and typographical errors. Alicat makes does not make any warranty or representation with respect to the accuracy of the aforementioned Material or the reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance on the Material or your reliance on any advice, opinion, statement, or other information displayed or distributed through the Site is done so at your own risk. The Material on the site is provided “AS IS” without any kind of warranty.
The prices and availability of products on the Site may change without notice at Alicat’s sole discretion.
The Alicat Logo, Alicat Scientific™, and all products denoted with ™ or ® are trademarks or registered trademarks of Alicat. Alicat trademarks may not be used with any product or service that is not an Alicat Product or Service.
Links to Other Sites
The Site may contain links to other sites or resources, such as Alicat’s distributors and sales affiliates. While Alicat makes a reasonable effort to link only to sites that share its high standards and respect for privacy, Alicat is not responsible for the content, security, or privacy practices used by other sites.
Governing Law and Jurisdiction
Alicat reserves the right to any remedy available at law or equity in the event of your breach of these Terms. All matters relating to your access to, or use of, the Site shall be governed by U.S. federal law. Any legal action or proceeding relating to your access to, or use of, our website shall be instituted in a state court in Pima County, Arizona or the U.S. district court for the State of Arizona. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.
This Site is controlled, operated and administered by Alicat from its offices within the United States of America. Alicat makes no representation that any content available on the Site M o is appropriate or available for use at other locations outside of the United States. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.
Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of Alicat and you and are not intended to confer third-party beneficiary rights upon any other person or entity.
Independent Contractor. Your relationship to Alicat is that of an independent contractor, and neither party is an agent or partner of the other.
Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, a Provider, or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.
7641 N. Business Park Drive
Tucson, AZ 85743 USA