Website Terms of Use

Agreement Between User and LabStrong Corporation

Welcome to the LabStrong website. By using www.labstrong.com (our “Site”), you are agreeing to comply with and be bound by the following Terms of Use, which together with our Privacy Policy and Terms of Sale govern LabStrong’s relationship with you in relation to the Site. This Site is owned and operated by LabStrong Corporation (“LabStrong,” “we,” “seller,” “us,” and “our.”). The terms “customer,” “you,” and “your,” when used in these Terms of Use, mean any user of this Site.

 

Acceptance of Terms of Use

We reserve the right to make changes to the Site, terms, and policies at any time. Each time you use the Site you should visit and review the terms and policies that apply to your transactions and use of the Site. If you are dissatisfied with the Site, content, policies, or terms, you agree your sole and exclusive remedy is to discontinue using the Site. Tampering with the Site, misrepresenting the identity of a user, or conducting fraudulent activities on the Site is prohibited.

 

Modification of Terms of Use

We may modify the Terms of Use at any time, and such modifications shall be effective immediately upon posting. 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. If we make significant changes to the Terms, we will post a message on our Site.

 

Member Account and Security

Customers may receive a password to access certain information on the Site. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time.

 

Content

We authorize you to view and download the materials at this Site only for your personal, non-commercial use, provided 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 website 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.

You may not create a link to the Site without written permission of LabStrong. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray LabStrong, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LabStrong logo or other proprietary graphic or trademark as part of the link without express permission of LabStrong.

 

Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, or policies. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means.

 

Trademarks

Trademarks used or displayed at this Site are trademarks of LabStrong 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 LabStrong or such third party owner.

 

Links to Other Websites

Links to third party websites on this Site are provided solely as a convenience. LabStrong 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, we do 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 we cannot and do 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. LabStrong further does not warrant the accuracy, currency, and completeness of the materials at this Site. LabStrong 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 LabStrong 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 LabStrong intends to make them available in your country. Consult LabStrong 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 LabStrong. LabStrong’s 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 LabStrong, 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 websites 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 LabStrong, 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 State of Iowa applicable to agreements made and to be performed in the State of Iowa. You agree that any legal action or proceeding between LabStrong 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 State of Iowa. 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. LabStrong'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. LabStrong may assign its rights and duties under these Terms to any party at any time without notice to you.

Last Updated: 8/15/12

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