Terms and Conditions
Thermo Fisher Scientific WEB SITE - TERMS OF USE
AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY
BEFORE ACCESSING OR USING THIS WEB SITE. USING
THIS WEB SITE INDICATES THAT YOU ACCEPT THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS
("TERMS"), DO NOT USE THIS WEB SITE.
Use of Site. Thermo Fisher Scientific authorizes
you to view and download the materials at this
Web site ("Site") only for your personal,
non-commercial use, provided that you retain all
copyright and other proprietary notices
contained in the original materials on any
copies of the materials. You may not modify the
materials at this Site in any way or reproduce
or publicly display, perform, or distribute or
otherwise use them for any public or commercial
purpose. For purposes of these Terms, any use of
these materials on any other Web site or
networked computer environment for any purpose
is prohibited. The materials at this Site are
copyrighted and any unauthorized use of any
materials at this Site may violate copyright,
trademark, and other laws. You may print and
download portions of material from the different
areas of the Site solely for your own
non-commercial use. You agree not to change or
delete any proprietary notices from materials
downloaded or printed from the Site. If you
breach any of these Terms, your authorization to
use this Site automatically terminates and you
must immediately destroy any downloaded or
printed materials.
Modification of Terms. Thermo Fisher Scientific
may modify these Terms at any time, and such
modifications shall be effective immediately
upon posting of the modified Terms. You agree to
review these Terms periodically to be aware of
such modifications and your continued access or
use of the Site shall be deemed your conclusive
acceptance of the modified Terms.
Use of Software. If you download software from
this Site ("Software"), use of the Software is
subject to the license terms in the Software
License Agreement that accompanies or is
provided with the Software. You may not download
or install the Software until you have read and
accepted the terms of the Software License
Agreement.
Trademarks. Trademarks used or displayed at this
Site are trademarks of Thermo Fisher Scientific
or its affiliates or third party owners. Nothing
contained on this Site is to be construed as
granting, by implication, estoppel, or
otherwise, any license or right of use of any
such trademark without the prior written
permission of Thermo Fisher Scientific or such
third party owner.
User Submissions. Other than personally
identifiable information, which is covered under
the Thermo Fisher Scientific Privacy Statement,
any material, information or other communication
you transmit or post to this Site
("Communication") is, and will be treated as,
non-confidential and non-proprietary , and may
be used by Thermo Fisher Scientific and its
affiliates for any purpose without compensation
to you.
Discussion Forums. Thermo Fisher Scientific may,
but is not obligated to, monitor or review any
areas on the Site where users transmit or post
Communications or communicate solely with each
other, including but not limited to discussion
forums, bulletin boards or other user forums,
and the content of any such Communications.
Thermo Fisher Scientific, however, will have no
liability related to the content of any such
Communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or
otherwise. Thermo Fisher Scientific retains the
right to remove messages that include any
material deemed abusive, defamatory, obscene or
otherwise unacceptable.
Links To Other Web Sites. Links to third party
Web sites on this Site are provided solely as a
convenience to you. If you use these links, you
will leave this Site. Thermo Fisher Scientific
has not reviewed all of these third party sites
and does not control and is not responsible for
any of these sites or their content. Thus,
Thermo Fisher Scientific does not endorse or
make any representations about them, or any
information, software or other products or
materials found there, or any results that may
be obtained from using them. If you decide to
access any of the third party sites linked to
this Site, you do this entirely at your own
risk.
You also understand that Thermo Fisher
Scientific cannot and does not guarantee or
warrant that files available for downloading
through the Site are or will be free of
infection or viruses, worms, Trojan horses or
other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and
checkpoints to satisfy your particular
requirements for accuracy of data input and
output, and for maintaining a means external to
the Site for the reconstruction of any lost
data.
Disclaimer. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE. THE MATERIALS
PROVIDED AT THIS SITE ARE PROVIDED "AS IS"
WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. It is solely your responsibility to
evaluate the accuracy, completeness and
usefulness of all opinions, advice, services,
merchandise and other information provided
through the Site. Thermo Fisher Scientific
further does not warrant the accuracy, currency,
and completeness of the materials at this Site.
Thermo Fisher Scientific may make changes to the
materials at this Site, or to the products and
prices described in them, at any time without
notice. The materials at this Site may be out of
date, and Thermo Fisher Scientific makes no
commitment to update the materials at this Site.
Information published at this Site may refer to
products, programs or services that are not
available in your country. SUCH REFERENCES DO
NOT IMPLY THAT Thermo Fisher Scientific INTENDS
TO MAKE THEM AVAILABLE IN YOUR COUNTRY. Consult
your local Thermo Fisher Scientific business
contact for information regarding the products,
programs and services that may be available to
you. Applicable law may not allow the exclusion
of implied warranties, so the above exclusion
may not apply to you. All orders are subject to
acceptance by Thermo Fisher Scientific. Thermo
Fisher Scientific? obligations and
responsibilities regarding its products are
governed solely by the agreements under which
they are sold and licensed.
Limitation of Liability. IN NO EVENT WILL Thermo
Fisher Scientific, ITS SUPPLIERS, OR OTHER THIRD
PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF OR
RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO
THIS SITE, OR THE MATERIALS OR INFORMATION
CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES AT THE SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
MATERIALS OR INFORMATION FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend
and hold harmless Thermo Fisher Scientific, its
officers, directors, employees, agents,
affiliates, licensors, suppliers and any third
party information providers to the Site from and
against all losses, expenses, damages and costs,
including reasonable attorneys? fees, resulting
from any violation of these Terms by you.
Miscellaneous. These Terms shall all be governed
and construed in accordance with the laws of the
Commonwealth of Massachusetts applicable to
agreements made and to be performed in the
Commonwealth of Massachusetts. You agree that
any legal action or proceeding between Thermo
Fisher Scientific and you for any purpose
concerning these Terms or the parties?
obligations hereunder shall be brought
exclusively in a federal or state court of
competent jurisdiction sitting in the
Commonwealth of Massachusetts. Any cause of
action or claim you may have with respect to the
Site must be commenced within one (1) year after
the claim or cause of action arises or such
claim or cause of action is barred. Thermo
Fisher Scientific?s failure to insist upon, or
enforce strict performance of, any provision of
these Terms shall not be construed as a waiver
of any provision or right. Neither the course of
conduct between the parties nor trade practice
shall act to modify any provision of these
Terms. Thermo Fisher Scientific may assign its
rights and duties under these Terms to any party
at any time without notice to you.