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Mycobacteriology | Parasitology | Quality Control | Clinical Lab Supplies | Mycology
  Terms & Conditions  
 
Last updated on 7/21/2006
Please read the Terms & Conditions carefully before accessing or using this Site.
 
Acceptance of Terms
By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Alpha-Tec Systems, Inc. (referred to as "ATS", “we”, “us” or “our”, as applicable) may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. ATS may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of AlphaTecSystems.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
 
The Site
The Site is administered by ATS from Vancouver, WA in the United States. This Site and its contents (the “Content”) are designed to comply with United States laws and regulations and are intended for use by United States residents only. This Site can be accessed from countries around the world and may contain references to ATS products and services that are not available in your country. These references do not imply that ATS intends to announce such products or services in your country. The Site is controlled, operated and administered by Alpha-Tec Systems, Inc. from its offices within the United States of America. ATS makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
 
This Site is Not a Source of Medical Advice
The Content of this Site is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice. You should not use the Content of this Site for diagnosing a health or fitness problem or disease. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Site is intended to be for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Site.
 
Copyright Notice and Limitation on Use
The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, ATS and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of ATS or other third parties. You are not permitted to use the Marks without the prior written consent of ATS or such third party that may own the Marks. ATS and the ATS logo are trademarks of Alpha-Tec Systems, Inc.
 
Procedures for Claimed Copyright Infringement
ATS will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
  A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
 
  A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
 
  A description of where the content that you claim is infringing is located on the ATS site;
  Information sufficient to permit ATS to contact you, such as your physical address, telephone number, and e-mail address;
 
  A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
 
  A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
   
 
Public and Unsolicited Information
This Site may provide opportunities to provide ATS feedback regarding this Site and our products and other unsolicited submissions (collectively, “Unsolicited Information”). You may only provide Unsolicited Information which meets the requirements of these Terms and Conditions.

Subject to the conditions provided herein, we accept innovative ideas for new products and technologies to our company by individuals and organizations not employed by or affiliated with ATS so long as such inventions are covered by existing patents or are those for which patents have been applied for by the submitter.

ATS and its employees do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ATS' products or marketing strategies might seem similar to ideas submitted to ATS. So, except under the circumstances described above relating to patented ideas or those for which you have filed a patent application, please do not send your unsolicited ideas to ATS or anyone at ATS.

If, despite our request that you not send us your ideas and materials, you still send them, and in the event you post Public Information on our Site, all such Public Information and all such Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and ATS and its affiliates are free to use such information for any purpose and in any manner whatsoever.

This Site may present opportunities to post information to public areas of the Site, such as bulletin boards (collectively, “Public Areas”), or to send along comments and feedback (any such information provided, “Public Information”). Although ATS may, from time to time, monitor or review the information posted to the Public Areas of the Site, ATS is under no obligation to do so, and assumes no responsibility or liability arising from the Content of such Public Areas or the Site in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the Site.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. ATS will fully cooperate with any law enforcement authorities or court order requesting or directing ATS to disclose the identity of anyone posting any such material.
 
No Framing Allowed
Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking or mirrors. None of the Content for our Site may be retransmitted without the express written consent of ATS. If you are interested in linking to our Site, Contact Us for more information.
 
Disclaimer of Warranties
THIS SITE CONTAINS INFORMATION CONCERNING ATS THAT MAY BE USEFUL TO OUR CUSTOMERS AND EMPLOYEES AS WELL AS TO THE GENERAL PUBLIC. HOWEVER, ATS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION.

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. ATS AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. ATS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
 
Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL ATS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF ATS OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ATS AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
 
Forward Looking Statements
This Site may now, or hereafter from time to time, contain certain statements or information with respect to: (i) the plans, objectives, or projections of ATS for future operations, including those relating to the products or services of ATS; (ii) assumptions underlying or relating to any of the foregoing statements or information; and (iii) any other projections, estimates, or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, ATS' judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. ATS wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially. For further details and information about factors relating to risks and uncertainties concerning the foregoing or ATS in general. ATS does not undertake an obligation to update forward-looking statements.
 
Indemnity and Liability
You agree to indemnify and hold ATS and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)); (b) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Use; (e) the actions of any member of your Work Group; (f) your infringement of any third party’s Intellectual Property Rights when using any of the Services or Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.
 
General
The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between ATS and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and ATS on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and ATS regarding the use of specific Services or Materials. You may also be subject to additional terms and conditions that may apply when you use other ATS services or third party material. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without ATS' prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by ATS to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
national: 800.221.6058 international: [+]360.260.2779 fax: [+]360.260.3277 ©2006 Alpha-Tec Systems, All Rights Reserved.