Important Legal Notice
This is a legal agreement ("Agreement") between Transgenomic, Inc. ("Transgenomic") and you. Transgenomic websites, including www.transgenomic.com, (the "Website(s)") are provided by Transgenomic, Inc., 12325 Emmet Street, Omaha, NE 68164. Please read the following terms carefully. By clicking the "I Agree" button, or by using this website, you agree to this Agreement whether or not you have read it. If you do not agree to this, you may not access or otherwise use this Website.
From time to time, Transgenomic 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.
1. Copyright & Intellectual Property
1.1 To the best of its information and belief, Transgenomic 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 webmaster [-- at --] transgenomic [dot] com with any questions.
1.2 Many materials submitted to Transgenomic remain the property of the original authors. While Transgenomic will try to place appropriate notices on the copyrighted materials of others submitted to this website, we neither warrant nor represent just because there is no notice that you are free to use the Content. 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. Transgenomic 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 webmaster [-- at --] transgenomic [dot] com (webmaster [-- at --] transgenomic [dot] com )and we will do our best to help you solve any question.
1.3 You may use any clearly marked Transgenomic-owned material on this Website provided you do all of the following:
a) act within the copyright laws of United States, or of the territory in which Transgenomic originally published the material;
b) publish the material without any adjustment which would alter its meaning or bring Transgenomic, its personnel, representatives, agents, clients or the subject of the material or any other person or entity into disrepute;
c) publish a credit to Transgenomic or to a specific and relevant Transgenomic 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 Transgenomic 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 Transgenomic for commercial purposes.
1.5 Transgenomic 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, Transgenomic 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 Transgenomic trademarks shall inure solely to the benefit of Transgenomic. 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 Transgenomic trademarks is granted by this Agreement. All other trademarks, brand names, products and company names cited on this Website are the trade marks and/or property of their respective owners.
1.7 Transgenomic may modify, discontinue, temporarily or permanently, the Website, including removal or addition of functionality or content or change and amend this Agreement at any time and without notice, including, without limitation, terms that Transgenomic may be required to "pass through" to User as a result of a separate agreement between Transgenomic 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 Transgenomic you should contact webmaster [-- at --] transgenomic [dot] com.
2. User Responsibilities
2.1 You may not transmit any unlawful, threatening, abusive, libellous, 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 Transgenomic 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 Transgenomic 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 Transgenomic from and against any claims, actions, demands or other proceedings brought against Transgenomic 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 Transgenomic 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. Transgenomic 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 Transgenomic and its associated companies without the prior written consent from Transgenomic. 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 TRANSGENOMIC IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITH ALL FAULTS. TRANSGENOMIC MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE ERROR FREE, UNINTERRUPTED, OR SECURE. TRANSGENOMIC 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 TRANSGENOMIC, 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 Transgenomic. All Website Content not authored by Transgenomic reflects solely the data, views and opinions of the authors thereof. Transgenomic 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 Transgenomic 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 Transgenomic shall have no liability for any such loss or harm. You agree to indemnify and hold Transgenomic, 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 Transgenomic 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 Transgenomic systems and networks.
4.5 Transgenomic 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 Transgenomic, its directors, employees or agents. Transgenomic Website Content should not be construed or relied upon as legal, financial, or technical advice.
4.7 Transgenomic Websites contain information and data pertaining to genetic sequences and uses thereof. It is not the intent of Transgenomic 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.
5. Submission of Content
5.1 Any Content authored by you shall remain your property. Unless otherwise agreed in advance, by submitting any Content to Transgenomic you agree that Transgenomic shall have a limited right to publish any content submitted by you on our Websites, including but not limited to, www.transgenomic.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 Transgenomic unless you have the permission of the original author to submit their Content. You also agree to notify Transgenomicwebmaster [-- at --] transgenomic [dot] com ( webmaster [-- at --] transgenomic [dot] com) 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 Transgenomic, 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 Transgenomic from and against any lawsuit caused by Content submitted by you, including reasonable attorney’s fees.
5.4 While Transgenomic 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 Transgenomic 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 Transgenomic is not responsible for any damages, whether consequential or not, from loss of confidentiality in any Content submitted by you.
6.1 Transgenomic reserves the right to gather personal information when you register for our websites, publications or events whether now or in the future. During registration, and at other times, Transgenomic reserves the right to ask for your name, e-mail address, birth date, gender, address and post code and personal and professional interests and affiliations, ("User Information"). If such information is not provided or is found to be not accurate, Transgenomic reserves the right to restrict or refuse your access to the Website.
6.2 Transgenomic reserves the right to accept advertising on its Websites. Once registered you agree that Transgenomic can further monitor your use of Website and can use this information to provide further offers which may be of interest, whether from Transgenomic or other providers.
6.3 Transgenomic Websites, including www.transgenomic.com, will be originally provided as free services. Transgenomic reserves the right at any time to charge for these services, either with or without notice. From time to time Transgenomic reserves the right to rent or sell User Information to other reputable organizations as permitted by law. If you do not wish to allow your User Information to be shared you may inform us or discontinue your use of the Websites.
7. General Provisions
7.1 No waiver by Transgenomic 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 Transgenomic 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 supercedes 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.
6.4 No data transmission over the Internet can be guaranteed entirely secure. While we strive to protect your personal information, Transgenomic 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.
6.5 Transgenomic 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 Transgenomic and others; or may be causing injury to or interference with (either intentionally or unintentionally) Transgenomic's rights or property, those of other Transgenomic users, or anyone else that could be harmed by such activities.
Transgenomic is a Delaware Corporation and has its headquarters at 12325 Emmet Street, Omaha, NE 68164.