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1.
Definitions
In the context of these terms and
conditions, the following words shall have the following meanings:
"Marker Gene Technologies,
Inc." means Marker Gene Technologies, Inc., an Oregon corporation,
having its registered office at 3247 Lincoln Street, Eugene, Oregon
97405-2773, USA;
“the Website” means any website
under the ownership or control of Marker Gene Technologies, Inc. from
which a link has been created to these terms and conditions;
“the Material” means all of the
information, data, text, graphics, links or computer code published on,
contained or available on the Website;
"User" means the
individual, firm, company or organisation accessing this website or
making an Order;
2. Applicable terms and conditions
The Website is owned by Marker Gene
Technologies, Inc. and any use made of this site (including registrations
and orders made via the Website),
are subject to these terms and conditions. Marker Gene Technologies, Inc.
may, at its sole discretion, modify or revise these terms and conditions
at any time by updating the text of this page.
3. Use of the Website
Anyone is entitled to view any
non-password protected parts of the Website and to use for their own
purposes the information contained therein, provided:
3.1 it is used for information
purposes only, for reproduction for personal use only and not for
reproduction on any other website or for commercial gain.
3.2 any links created to the Website
are notified to and approved by Marker Gene Technologies, Inc. before
they are created.
3.3 no part of the Website is
copied, stored in a retrieval system, or transmitted in any form or by
any means to any third party without the written permission of Marker
Gene Technologies, Inc..
4. Copyright and trade marks
4.1 Copyright in the Material is
owned by Marker Gene Technologies, Inc. or its content suppliers.
Unauthorized use of the Material including reproduction, storage,
modification, distribution or republication without the prior written
consent of Marker Gene Technologies, Inc. or, where applicable, the
respective copyright owner(s) is prohibited.
4.2 The names and logos of Marker
Gene Technologies, Inc. and all related product and service names,
designs marks and slogans are the trade names, service marks or trade
marks of Marker Gene Technologies, Inc. and may not be used without the
prior consent of Marker Gene Technologies, Inc..
4.3 All works in the nature of
databases attract database rights.
5. Disclaimer
The website is intended to provide
general information only and, as such, should not be considered as a
substitute for advice covering any specific situation. Users should seek
appropriate advice before taking or refraining from taking any action in
reliance on any information contained in this website. So far as
permissible by law, Marker Gene Technologies, Inc. does not accept any
liability to any person relating to the use of any such information.
While Marker Gene Technologies, Inc.
has taken every precaution in compiling this site neither it nor any
contributors to the site can be held responsible for any action (or the
lack thereof) taken by any person or organization wherever they shall be
based, as a result, direct or otherwise, on information contained in or
accessed through this internet site.
6. Target audience
The Website is intended for use by
UNITED STATES residents and only in relation to their activities within
the UNITED STATES. It may be incorrect to apply any of the information on
the Website to activities outside the UNITED STATES.
Marker Gene Technologies, Inc. does
not represent or warrant that the information accessible via the Website
is accurate, complete or correct. Marker Gene Technologies, Inc. has no
liability whatsoever in respect of any use which you make of such
information.
The information provided on this
Website has not been written to meet individual requirements and it is
your sole responsibility to satisfy yourself prior to using the
information in any way for your purposes. Before making any decisions
based on the information contained on the Website, you are strongly
advised to refer to alternative, independent sources of information to
substantiate the basis for your decision.
7. Warranty and indemnity
The User warrants to Marker Gene
Technologies, Inc. that it will not use the Website, the Material or any
part thereof for any purpose that is in contravention of any applicable
law or regulation or in a manner that will infringe the copyright,
trademarks, service marks or other intellectual property rights of third
parties or violate the privacy, publicity or other personal rights of
others or in any defamatory, obscene, threatening, abusive or hateful
manner. The User shall indemnify Marker Gene Technologies, Inc., its
employees and agents, harmless against all claims, liability, losses,
damages and expenses including, without limitation, legal fees and costs
arising out of or incurred as a result of any claims made, or litigation
brought, against Marker Gene Technologies, Inc., its employees and
agents, as a result of the use by the User of the Website, the Material
or any part thereof for whatever purpose, to the fullest extent permitted
by law.
8. Limitation of liability
Marker Gene Technologies, Inc.
hereby disclaims all warranties and conditions with regard to the Material
and any goods or services supplied in relation to the Website, whether
express or implied or statutory (including all implied warranties and
conditions of merchantability and fitness for a particular purpose). In
no event shall Marker Gene Technologies, Inc. be liable for any indirect,
punitive, special, incidental, or consequential damages whatsoever even
if Marker Gene Technologies, Inc. has been advised of the possibility of
damages including, without limitation, damages for loss of use, data or profits
arising out of or in any way connected with the use or performance of the
Website, interruptions or delays to the Website, the provision of or
failure to provide services, or for any information, Material, goods and
services obtained through the Website or otherwise arising out of the use
of the Website, whether based on contract, tort or otherwise to the
fullest extent permitted by law.
9. Third party websites
The Website contains links to
websites operated by parties other than Marker Gene Technologies, Inc..
Such links are provided for the User’s convenience only. Marker Gene
Technologies, Inc. does not control such websites, and is not responsible
for their content. Marker Gene Technologies, Inc.'s inclusion of links to
such websites does not imply any endorsement of the material on such
websites or any association with their operators. The User is solely
responsible for evaluating the accuracy and completeness of any
information contained on the third party websites, and also the value and
integrity of any goods and services offered by such websites.
10. Privacy and Data Protection
Our Privacy Statement can be read in
full here.
11. Viruses
While Marker Gene Technologies, Inc.
makes all reasonable attempts to exclude viruses from the website it
cannot ensure such exclusion and no liability is accepted for damage
caused through the downloading of viruses. Therefore, you are recommended
to take all appropriate safeguards before downloading information from
the Website.
12. On-line Transactions
Marker Gene Technologies, Inc.
reserves the right to vary event registration fees and the prices of any
goods or services listed without notice. All event registrations and
orders for goods or services are subject to availability and Marker Gene
Technologies, Inc. reserves the right to refuse to accept any
registration and to refuse to supply any goods or services to any
individual.
13. Encryption
Although the Website uses encryption
security software in areas where on line payment details are accepted,
the security of information and payments transmitted via the Internet
cannot be guaranteed. Any loss incurred or sustained by any User who
transmits information by means of e-mail or other Internet links shall be
borne solely and exclusively by such User and in no event shall any such
loss in whole or part be borne by Marker Gene Technologies, Inc. or it’s
agents.
14. Force majeure
Marker Gene Technologies, Inc. shall
not be held to be in breach of its obligations hereunder nor liable to
the User for any loss or damage which may be suffered by another party
due to any cause beyond its reasonable control including without
limitation any act of God, fire, storm, flood, lightening, disease,
strike, trade dispute, act of terrorism, any act or omission of
government or regulatory bodies or communications operators.
15. General
15.1 If any provisions of these
terms and conditions are held to be invalid or unenforceable, the
validity or enforceability of the remaining provisions shall not be
affected.
15.2 These terms and conditions
constitute the entire agreement between Marker Gene Technologies, Inc.
and the User and supercede all other (prior or contemporaneous)
communications and proposals, whether electronic or written, between the
User and Marker Gene Technologies, Inc..
15.3 Any failure of Marker Gene
Technologies, Inc. to exercise or enforce any of its rights under these
terms and conditions shall not be deemed to be a waiver of any such
rights or operate so as to bar the subsequent exercise or enforcement or
any such rights.
16. Jurisdiction
The terms and conditions and the use
by the User of the Website shall be governed by the laws of the State of
Oregon and the parties hereto submit to the exclusive jurisdiction of the
Oregon courts in all disputes
arising out of or relating to the Website and/or any transactions made on
the Website, or these terms and conditions.
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