1. DNA POLYMERASE TECHNOLOGY WebSite Terms and Conditions of Use
1.1 These Terms and Conditions of Use (the “Terms of Use”) apply to the DNA Polymerase Technology (“DNAP”) website located at www.klentaq.com (“Site”) and all associated sites linked to our website. Unless otherwise specified, the materials on this Site provide information about DNA Polymerase Technology, its services, and its products.
1.2 DNAP operates this Site from its company headquarters in St. Louis, Missouri and Missouri law shall govern any and all action concerning User’s use of this Site. User hereby agrees to submit to the jurisdiction of the courts located in the state of Missouri for the resolution of all disputes arising from or related to the Terms of Use, without regard to the choice or conflicts of law provisions of any jurisdiction. DNAP does not in any way imply that the materials on the Site or products described are available in all jurisdictions where DNAP operates or in a jurisdiction where DNAP is not licensed to do business or that DNAP is soliciting business in any such jurisdiction.
1.3 As used herein, the term “User” encompasses any person or entity who accesses, views, or otherwise uses the website of DNAP and all associated sites linked to the same, including all affiliates, and subsidiaries, employees, officers, directors, contractors, representatives, agents, and business partners.
1.4 The term “Site” encompasses the DNAP website located at www.klentaq.com and all related subdomains (e.g., www.klentaq.com/products).
2. Agreement To Terms
2.1 The Site is provided as a service to our customers and potential customers. Please review the Terms of Use, which govern User’s use of this Site. By using this Site, User unconditionally agrees to follow and be bound by the Terms of Use. Although User may bookmark a particular portion or page of this Site and thereby bypass the Terms of Use, User’s use of this Site still binds User to those terms. BY USING THE SITE, USER AGREES TO THE TERMS OF USE; IF USER DOES NOT AGREE, USER MUST NOT USE THE SITE.
2.2 DNAP reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms of Use, at any time. It is User’s responsibility to check the Terms of Use periodically for changes. User’s continued use of the Site following the posting of changes will mean that User accepts and agrees to the changes. As long as User complies with the Terms of Use, DNAP grants User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
3. Intellectual Property
3.1 Unless otherwise noted, all materials that are part of this Site, including but not limited to images, text, illustrations, designs, icons, photographs, products, processes, programs, technology, video clips, logos, artwork, computer code, and written and other materials (collectively, “Content”), and the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, are owned, controlled, or licensed by DNAP, one of its affiliates, or by third parties who have licensed their materials to DNAP, and are protected by copyright, trademark, and trade dress laws and/or other intellectual property rights and unfair competition laws. The compilation of all Content (exclusive of content provided via links to third party websites) on this Site is the exclusive property of DNAP and is also protected by copyright laws.
3.2 DNAP expressly reserves all intellectual property rights in and to all Content. Access to this Site does not confer, and shall not be considered as conferring upon anyone, any license under any of DNAP’s or any third party’s intellectual property rights.
3.3 DNAP’s name and logo(s) and all related product and service names, design marks, and slogans are the trademarks or service marks of DNAP. Access to our website does not authorize User to use any name, logo, or mark in any manner.
4. Use of Site
4.1 User may download or copy the Content of this Site for User’s personal use only. If User elects to download or copy any Content of this Site, no right, title or interest to any of the Content is transferred to User. User may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way the Content of this Site or any related software. All software used in the operation or creation of this Site is the property of DNAP and is protected by U.S. Copyright law.
4.2 User may use information on DNAP’s products and services purposely made available by DNAP for downloading from the Site, provided (1) User does not remove any proprietary notice language in any copies of documents containing such information, (2) User uses such information only for User’s personal, non-commercial informational purpose and User does not copy or post such information on any networked computer or broadcast it in any media, (3) User makes no modifications to any such information, and (4) User does make any additional representations or warranties relating to such information.
5. Security
5.1 User is prohibited from violating or attempting to violate the security of the Site, including but not limited to, (1) accessing information not intended for User or logging onto a server or an account which User is not authorized to access, (2) attempting to probe, scan, or test the vulnerability of a system or network or to breach security without authorization, (3) attempting to interfere with the service of any other user, host, or network, including submission of a virus to the Site, overloading, flooding, spamming, mail bombing, or crashing the Site, (4) sending unsolicited email including promotions and/or advertisements of products or services to DNAP or any employees of DNAP.
5.2 Violations of system or network security could result in civil and/or criminal action against User. DNAP will investigate occurrences that may involve such violations and may involve and cooperate with local and federal law enforcement in prosecuting such violations. User shall not use any device, software, or other tool to interfere with the property and normal operation of this Site or any activity being conducted via this Site.
6. Submission of Information
6.1 Except for personal information governed by the terms of DNAP’s Privacy Policy (the “Privacy Policy”), information and other materials voluntarily submitted, disclosed, offered, uploaded, posted, e-mailed, or otherwise transmitted (“Submitted”) to DNAP via or in connection with this Site shall become the property of DNAP. DNAP may use the information and materials submitted in its business operations, including but not limited to any ideas, concepts, or suggestions. Such Submission of any information or materials to DNAP shall constitute an assignment of all rights, titles in interest, and all copyrights and other intellectual property rights in the information or materials to DNAP.
6.2 DNAP is and shall not be required to maintain confidentiality for such information or materials, to pay the user or submitter of such information or materials compensation for the information or materials, or respond to any information or materials Submitted. User agrees that User will not Submit any information or materials to the Site which will or could violate any copyright, trademark, or other intellectual property rights of a third party or any privacy or other rights in protected information of a third party. User agrees that User will not Submit information or materials to the Site constituting libelous, harassing, degrading, abusive, obscene, or otherwise illegal material. User is solely responsible and liable for the content of any information or materials Submitted. For these reasons, DNAP asks that User not Submit any information or materials User does not wish to have assigned to DNAP, including any confidential information or any original creative materials such as stories, ideas, computer code, or original artwork.
7. PRIVACY
7.1 The Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference.
8. DISCLAIMER
8.1 THIS SITE IS PROVIDED BY DNAP ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DNAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR ANY OTHER INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, DNAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE CONTENT AND ANY OTHER INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE.
9. LIABILITY
9.1 EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DNAP, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, AFFILIATES, AND/OR BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH USER USE OF THIS SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT DNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 If, notwithstanding the foregoing, DNAP is found to be liable to User for any damage or loss which arises out of or is in any way connected with User’s use of the Site or any Content, DNAP’s liability shall in no event exceed the greater of (a) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six (6) months prior to the date of the initial claim made against DNAP, or (b) $10,000. The foregoing limitation may not apply in jurisdictions that do not allow limitations of liability.
10. Modification of Site
10.1 DNAP reserves the right to alter, change, modify, and correct the Content and any other material available on this Site, including the Terms of Use, at any time without prior notice. Said changes shall supersede the previous Terms of Use without the user’s consent. DNAP may terminate User’s use of the Site at any time without notice.
11. Violation of The Terms of Use
11.1 DNAP may disclose any information DNAP has about User (including User’s identity) if DNAP determines that such disclosure is necessary in connection with any investigation or complaint regarding User’s use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DNAP’s rights or property, or the rights or property of visitors to or users of the Site, including DNAP customers. DNAP reserves the right at all times to disclose any information that DNAP deems necessary to comply with any applicable law, regulation, legal process, or governmental request. DNAP also may disclose User’s information when DNAP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
11.2 User acknowledges and agrees that DNAP may preserve any transmittal or communication by User with DNAP through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or DNAP determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of DNAP, its employees, users of or visitors to the Site, and the public.
11.3 User agrees that DNAP may, in its sole discretion and without prior notice, terminate User’s access to the Site and/or block User’s future access to the Site if DNAP determines that User has violated these Terms of Use or other agreements or guidelines which may be associated with User’s use of the Site or for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by User (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. User also agrees that any violation by User of the Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DNAP, for which monetary damages would be inadequate, and User consents to DNAP obtaining any injunctive or equitable relief that DNAP deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DNAP may have at law or in equity.
11.4 If DNAP does take any legal action against as a result of User’s violation of these Terms of Use, DNAP will be entitled to recover from User, and User agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DNAP. User agrees that DNAP will not be liable to User or to any third party for termination of User’s access to the Site as a result of any violation of these Terms of Use or as otherwise specified herein.
12. MALWARE
12.1 DNAP cannot and does not guarantee or warrant that files available for downloading from this Site are free of malware (e.g., viruses, worms, trojan horse spywares, or other malicious codes or software that may have contaminating or destructive properties. It is the User’s responsibility to review and scan any and all downloaded materials from this Site or any links provided by this Site. DNAP will not be responsible or liable for any damage caused by User’s use of this Site.
13. Inaccuracies or Errors
13.1 The descriptions, pictures, representations of products, or other information available on this Site and the Content may contain inaccuracies and/or errors. DNAP does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on this Site may change without notice to User at any time in DNAP’s sole discretion. DNAP shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.
14. Indemnification
14.1 User agrees to defend, indemnify, and hold harmless DNAP, its affiliates, and subsidiaries, and its and their employees, officers, directors, contractors, agents, and business partners from any and all liabilities, claims and expenses, including attorneys’ fees, that may arise from or be related to User’s use or misuse of this Site or breach of these Terms of Use. DNAP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with DNAP in asserting any available defense.
15. EXTERNAL LINKS
15.1 This Site may contain links to various websites that DNAP does not control. When User clicks on one of these links, User will no longer be transacting business through the Site. Third party websites maintain their own privacy policies, and DNAP does not exercise any control over any of the third-party websites that may be linked to this Site. If User visits a website that is linked to this Site, User should consult that website’s privacy policy before providing any personal information. Please be aware that DNAP is not responsible for the privacy practices of such other websites, and DNAP is not liable for other websites’ misuse of User’s personal information.
16. SEVERABILITY AND ENFORCEMENT
16.1 If any provision of the Terms of Use is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement and will not impair the validity, legality, or enforceability of the remaining provisions.
16.2 If DNAP does not enforce any right or provision in the Terms of Use, that is not to be deemed a waiver of our right to do so in the future.
17. ENTIRE AGREEMENT
17.1 The agreement sets forth the entire understanding of the parties with regard to use of this Site and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement.